Canadian response to Omar Khadr

Two children at a 2008 protest demanding Khadr's repatriation.

A Canadian of Egyptian and Palestinian descent, captured by American forces in Afghanistan at the age of 15, Omar Khadr was the last Western citizen remaining in custody in Guantanamo Bay. Canada refused to seek his extradition or repatriation despite the urgings of Amnesty International, the Canadian Bar Association, and other prominent organisations.[1][2][3] His lawyer Dennis Edney has summarised the differential response towards Khadr stating that "one of the problems" with defending the youth is that he's a member of the Khadr family rather than "a Smith or an Arar"[4]

For several years following Khadr's capture in 2002, his case did not generate any "serious controversy".[5] Once his military tribunals began however, his case drew considerable attention as a child soldier, with commentators seizing on the fact he is the youngest prisoner held in extrajudicial detention by the United States to face charges in the War on Terror. By 2007, interest in his case had grown exponentially although Canadians remained divided on whether he should be repatriated.[6][7]

Canada's three main opposition parties, the Liberals, NDP and Bloc Québécois, have all condemned former Prime Minister Stephen Harper for refusing to demand the United States turn Khadr over to Canadian authorities.[6][8] Prior to Harper's appointment, two consecutive Liberal Prime Ministers had failed to make the same demand. In April 2008, Bill Graham, the former Foreign Affairs Minister, said that he regretted not having done more to help secure Khadr's release or repatriation while the Liberal government was in power.[9]

A 2009 Security Intelligence Review Committee panel determined that the Canadian Security Intelligence Service failed Khadr, by refusing to acknowledge his juvenile status or his repeated claims of being abused.[10][11]

In 2010, Khadr was convicted of five war crimes by a United States military tribunal at Guantanamo Bay, Cuba. In a 2012 poll, 60% of Canadian citizens opposed Khadr's return to Canada.[12]

It has been postulated that the Government of Canada's Foreign Affairs Department did not attempt to help Omar Khadr for fear that sticking up for a Canadian citizen arrested in another country would come back to haunt the government.[13] This refers to the events around former Liberal Prime Minister Jean Chrétien securing the release from Pakistan of Omar Khadr's father, Ahmed Khadr – only to have the family return to Afghanistan and Ahmed Khadr later killed in a firefight in Pakistan in 2003.[citation needed]

Omar Khadr was eventually returned to Canada and released on bail in 2015. Khadr launched a lawsuit against the Government of Canada.

  1. ^ Maggie Farley (June 23, 2007). "Guantanamo inmate center of debate". Los Angeles Times.
  2. ^ Janice Tibbetts (August 12, 2007). "Law society demands Omar Khadr's release to Canada". National Post. Archived from the original on 2012-11-04. Retrieved 2008-03-27.
  3. ^ Colin Freeze (September 10, 2007). "Prosecuting Khadr at home would be 'quite difficult,' experts say". The Globe and Mail.
  4. ^ Humphreys, Adrian. National Post, "Khadr helped al-Qaeda with GPS, November 2, 2006.
  5. ^ Roach, Kent. "September 11: Consequences for Canada", 2003. pp 163.
  6. ^ a b Shephard, Michelle, Toronto Star, "Harper urged to intervene for Khadr", February 25, 2008.
  7. ^ Shephard, Michelle, Toronto Star, Survey finds divided views of Khadr, April 24, 2008.
  8. ^ Liberal Party of Canada, Khadr Must Be Repatriated to Receive Just Treatment Archived 2008-06-11 at the Wayback Machine, April 30, 2008
  9. ^ Shephard, Michelle, Toronto Star, "Graham has regrets over Khadr", April 28, 2008.
  10. ^ Shephard, Michelle. Toronto Star, "CSIS failed in Khadr case, review finds", July 16, 2009.
  11. ^ CTV News, Watchdog says CSIS stepped over line in terror probe Archived September 18, 2009, at the Wayback Machine, January 27, 2008.
  12. ^ Akin, David, Canada doesn't want Khadr back: Poll, Lucknow Sentinel, August 22, 2012.
  13. ^ Friscolanti, Michael (November 12, 2009). "The "Khadr effect"". Maclean's.