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Conservative government appeals the Omar Khadr order to request his repatriation.

No surprise here for me about this decision by the Conservatives; they’re obviously going to go to the bitter (judicial) end to avoid any real action on Omar Khadr unless the Supreme Court forces them, or Obama beats them to the punch:

The federal government has decided to file an appeal rather than abide by a judicial order to seek the return of Omar Khadr, jailed in a Guantanamo Bay prison, to Canada. There was no formal announcement made publicly of the decision. The government decision comes just two weeks after a Federal Court judge ruled the Conservative government should seek the repatriation of the young man from Guantanamo Bay where he remains imprisoned on charges of murder and bomb-making, in connection with the death of a U.S. soldier in Afghanistan.

The only real surprise for me was that the Conservatives took 2 weeks to file the appeal (rather then the day after), and that the way it was revealed to the public was through a “casual reference” by a government lawyer at the Abousfian Abdelrazik hearing. Real classy.

Look for them to have the same attitude with Abousfian Abdelrazik if they lose this case in Federal Court as well. They’ll be going kicking and screaming  to the Supreme Court on appeal for his case too.


18 comments to Conservative government appeals the Omar Khadr order to request his repatriation.

  • kwittet

    Mike..CAN YOU READ?? HOLY SHIT..SECOND LINE I SAY INNOCENT TILLPROVEN GUILTY..did you miss that when YOU your third and fourth line? that I do not?
    I am NOT presuming he is are making that presumtion for me wrongly I may add. Also I am not ignoring his 6 years of detainment. I admitted and rightfully so that Both governemnts have totally dropped the ball and it needs to be made right. I do believe that I also …and AGAIN I will repeat myself not presuming he is guilty..and what does the fact that he was detained for 6 years have to do with the fact on whether or not he is gulity? You are so ..I dont know throw the faciast insult and all of your other insults and reading it makes me laugh. I dont despise you though..because you are entitled to your opinion as well as I am to mine.
    You are so wrapped up in your views and your hate that you cant seem to READ what is said and have a intelligent and reasonable discussion about it. I do respect your opinion as far as the topic of Omhar goes!

  • kwittet

    Scott..above you critised Don about being judge and jury and ask him if he has seen all the evidence? Have you? You have drawn your conclusions from whatever has been leaked to the press and that is ok but not for someone else to have thier own opinion. You are so sure that he DESERVES to come back to Canada for a alleged crime he comitted elsewhere. I totally agree with you that Bush screwed this up totally nad also that Harper has totally droppped the ball on this also. I personally do not think that the canadian taxpayer should have to fooot the bill for an alleged crime committed in another country. He should be tried in either Afghanistan or the US. The term child soldier is a lefty term used when you want to be all wishy washy and not face the fact that this BOY was fighting allied forces in a country where he was not a member of any countries armed forces but a member of a terrorist group. I am not drawing any conclusions on whether or not he is guilty as that is for a court to decide. You say we demean the term law. Yet you are in defence of a guy boy man whatever..who was a member of a terrorist group who sends there people with bombs into crowds of innocent people and blow themselves and innocents up.
    That is what the left is about..feely good wishy washy appeal to peoples soft spots and appear to be fair.
    sad indeed.

    • @kwittet,

      Here’s the thing kwittet, Khadr deserves to come back because, like it or not, he is a Canadian citizen. He was not charged with any crime for 6 years, was kept from a lawyer and now is being brought before a kangaroo tribunal. His American lawyer has shown that there is enough evidence that he was likely NOT guilty of the crime for which he was charged.

      Remember, innocent until proven guilty? I supposed not. You are assuming, he was fighting for a “terrorist force” yet there has been no evidence. You assume he is guilty, yet there is no proof. It seems from the facts that are emerging that he was not the person who threw the grenade and that that person was killed. It could be he was just a boy at the wrong place at the wrong time. After all about 90% of those in Gtimo turned out later to be innocent but were turned over by warlords and the Northern Alliance in order to cash in on the Taliban rewards.

      Might I also remind you that he was fighting, allegedly, for the Taliban, which was, like it or not, the government of Afghanistan at the time and thus fighting for them could be considered the armed forces of Afghanistan.

      Lets also not forget that he was 15 at the time – under Canadian and international law, a child soldier. Why, we give refuge and compassion to those who do far worse than Khadr in Uganda when fighting for the Lords Resistance Army. But I guess that’s because they are Christians eh?

      Look, if Khardr is guilty, prove it. Bring him before an open court, with rules of evidence and not a secret trial where hearsay and testimony from torture are admissible. If he is guilty, prove it and convict him. Other wise bring him home and leave him alone. Instead, he is being kept in a Kafkaesque limbo in some American Gulag because people like you, who claim they just want a trial, but are convinced he is guilty and refuse to give him a fair one.

      Or is Western legal culture and justice, developed over 800 years since tha Magna Cart, so weak and inferior that it can’t handle the case of a 15 year old accused of a crime? I have more respect for and faith in our law and our system than you do it appears. I am not prepared to ignore it because of teh terrists!!11! I believe in liberty.

      If the rules can be bent and ignored for Khardr, they can be broke for you. I for one will not give that kind of power to the sate. Of course, being a cowardly fascist, I suspect you would be fine with it.

      • kwittet

        @Mike, say innocent until proven guilty and i say the same thing…but your words do not say that. I say yes by all means have a already have him proven innocent and want him to come home.
        I’m lost on what you really want. I want justice one way or another to be served here but NOT at our expense. I admitted that Harper and Bush both fucked this up and it need to be made right. The ALLEGED crime was commited over there so let it happen there.
        Any why is it that when you leftys get pissed off that not everyone share your views you start throwing insults?

        Try reading EVERTHING i wrote..and I will admitt I may be wrong but for all that us common people know none of us know enough to make a fair judgement right now. Your hate of everything to the right off the ploitical spectrum come through very loudly!!

        • @kwittet,

          Yes, I read EVERYTHING you wrote…the difference is, I support the presumption of innocence until proven guilty and you do not. You are presuming he is guilty, so much so you are prepared to ignore his 6 years of detention without charge, without access to legal recourse starting at 15, to be tortured in a Gulag, only now to finally face “charges” in a “court” that is not run by judges, allows hearsay testimony and testimony from torture and without being able to present a decent defense or to properly cross-examine. Khadr cannot get a fair trial in US custody.

          If there is such strong evidence – and that needs to be beyond a reasonable doubt – then he can be charged here, in Canada, with a crime. Right now he is in the gripes of a horrifying Gulag system no different than that of the Soviet Union or Pinnochet’s Chile.

          So I’m not trying to be insulting when I call you a fascist, I am being entirely and factually accurate – if you support the arbitrary violation of individual freedom and liberty that has been committed against Khadr, in, by your own admission, the absence of evidence backing up the “charges” against him, then I can draw no other conclusion that you are an authoritarian and a fascist who doe snot like the rule of law of the legal system we have had in the west since 1215 CE.

          And, if you had ever read anything of mine previous or merely followed the link to my blog, you would see I am in no way a “Liberal”, nor do I support them getting into power. I am a market anarchist and libertarian and I want NO ONE in power – no government whatsoever. And yes, I despise everything from the right of the political spectrum because it (and you) are antithetical to liberty and peace,. You deserve to be despised. I am proud to despise everything from the right.

  • …he may not have technically broken Canadian law. Would you want him as your next door neighbour?

    I don’t see why not. I have plenty of neighbours who haven’t technically broken Canadian law, and we get along just fine.

  • leeky sweek

    Obviously, you and your fellow Liberals can’t engage in a civil, polite debate so I’m out of here. Would you talk to me like that if we were debating in person?

    I have yet to meet a Liberal on any site capable of a rational, mutually-respectful dialogue. If you’re merely looking for like-minded cheerleaders, then enjoy your blog. What purpose it will serve…who knows.

    • @leeky sweek,

      Ah the last cry of the coward. Stomp your feet that Dawg, though hash, has you dead to rights…we simply want Khadr treated the same way we would expect YOU to be treated in a similar situation – charged with a crime, face your accusers in an free, fair and open trial with our long established rules of evidence with the burden on the state to prove BEYOND A REASONABLE DOIUBT he is guilty of the crime for which he is accused.

      When those principles are ignored, innocent people (and we are all innocent until proven guilty, including Khadr) have their lives destroyed. You don’t need to go far afield to see it too – Milgard, Marshall and Morin jump to mind.

      But no, I guess for folks like you since he’s obviously a Muslim and the state NEVER gets things wrong then he is obviously guilty.

      You are the reason fascism and totalitarianism still exist – your appalling, deference to the state, fueled and excused by your own bigotry.

      • kwittet


        WOW..nice Mike..although I have read and reread leekys comments and dont see what your rant was about to him in any way for alll the acusations you made? You need help!

  • Scott, there is obviously some evidence against him or Khadr wouldn’t be in this situation.

    F*ck, that’s scary. Why have trials? This commenter’s faith in the state is extraordinary.

  • Leeky Sweek

    Scott, there is obviously some evidence against him or Khadr wouldn’t be in this situation. If he broke American law, he should face American justice, irrespective of how harsh you might think it is.

    Chances are, he may not have technically broken Canadian law. Would you want him as your next door neighbour?


    • @Leeky Sweek, Right.. he deserved to be held 8 years in Guantanamo Bay without habeas corpus and waterboarded? They had so much evidence against him that the dying Bush regime waited for 8 years … til a week before Obama came to power to finally put him on trial – in an obvious pressure tactic to keep Guantanamo open? How about when the Pentagon accidentally leaked to the media that they had evidence throwing doubt on the fact he even took the shots that killed the US medic, which they would have hidden from his defense attorneys if they hadn’t screwed up on releasing it? How about Canada has been found in violation of international law by the Supreme Court of Canada as it pertains to the complicity in torture Khadr faced, and the Federal Court has ruled in this separate ruling that we not only have violated his Charter rights, but international protocols to do with child soldiers?

      Really.. you knuckle-dragger Conservatives appall me with your attitude on this. You demean the term law and order when you try to claim it for your own. Law and order’s first part involves law – the rule of law, which the “hang ’em high” redneck crowd seems to conveniently forget.

      As for the rest of it, I’ll repeat ad nauseam what has been said before.. he is the last Western held detainee. Every other country repatriated their citizens from that illegal hellhole, yet our country under Harper would prefer Guantanamo stay open, it seems. He has disgraced Canada’s reputation with his stance.

      And as for the stupid argument about whether I’d want Khadr next door to me.. sure.. if he had proper counseling and rehabilitation for the brainwashing that had been done to him by his father.. I doubt I’d have any trouble with him being my neighbour.

  • Don Colon

    If you look in the Criminal Code of Canada under the “treason” section you will see that Omar Khadr fits the description to a tee.

    • @Don Colon, Right.. and you’re the judge and jury who ruled on this seeing all the evidence supposedly massed against him?

      If Canada has evidence he committed “treason”, they can duly charge him in a Canadian court of law and present evidence. The fact they’re not willing to do so suggests they don’t… and that Harper and his so-called rule of law party are doing nothing more then appealing to their knuckle-dragger voting base, such as yourself.

  • Scared of their own shadows – and by that I mean they’re most likely terrified about having to face the music once Omar finally does return to Canada.

    They’re cowards.

  • Are they sure this time?

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