The Supreme Court of Canada has refused to order the Harper government to seek Omar Khadr’s repatriation from Guantanamo Bay, Cuba.
In a unanimous ruling Friday, the court said that Mr. Khadr’s constitutional rights were violated, but concluded that it would intrude on the government power over foreign relations to force officials to ask the U.S. to send the accused terrorist home.
“The appropriate remedy in this case is to declare that Khadr’s charter rights were violated, leaving it to the government to decide how to best decide in light of current information, its responsibility over foreign affairs and the charter,” said the 9-0 ruling.
The decision overturns two earlier rulings that ordered the government to request Khadr’s return to his birth country, as payback for its maltreatment of the 23-year-old.
Mr. Khadr has been detained at the U.S. military compound at Guantanamo since 2002, where he was sent after allegedly throwing a grenade that killed a U.S. soldier following a shootout between American forces and al-Qaeda fighters in Afghanistan.
He faces five charges, including murder as a war crime, and is scheduled to be tried in July before a military tribunal.
“Talking heads on the CBC just said Omar’s civil rights were violated, which opens the doors for a huge lawsuit against the gov’t, and will make Maher Arar’s settlement look like chump change….”
Omar lost a Civil Suit in the USA… owes a soldier about 100 million dollars.
CBC Radio North did have an American soldier being interviewed on the action in which Khadr took part. The Americans struggled mightily to save this person. At least CBC did do right on “the other side of the story”.
The American was blinded in one eye by this rotter. He will have to live with that for the rest of his life.
And dear old Bob Rae is as fit and intact as a human being could be at his time of life. Not a mark on him.
Just damn.
Lets get real.. The Courts in Canada are trying to suppress the testimony of Canadian Sources… The Bastard admitted his guilt to the Canadians
Look at the “Friend of the Court” documents filed in Canada..
The Canadian SC are worthless shit heads if they have, in any way, prevented that testimony at his trial….
From CBC website:
“However, the top court agreed Canadian officials violated Khadr’s human rights, and that he continues to be threatened by the effect of those violations.
In a unanimous decision released Friday, the court declared that Canadian officials breached Khadr’s right to life, liberty and security of the person under the Charter of Rights and Freedoms.”
Read more: http://www.cbc.ca/canada/story/2010/01/29/omar-khadr-supreme-court.html#ixzz0e4FwwTZF
This is wonderful. The most powerful body of the least accountable branch of government has decided, on its own, to limit the scope of its power. We may not have to tar-and-feather them after all.
One thing that all the Lefty “journalists” -and apparently the Justices of the Supreme Court of Canada- have apparently not bothered to do is actually read the Geneva Conventions of 1949, readily available online. These Conventions are written in plain, clear English and French, and can be read and understood by any reasonably intelligent and literate layperson. Law Degree OR Journalism School Degrees are not required! (And perhaps, as indicated by their fruits, Law or J School degrees are contraindicated by performance therein of some of their holders.)
As far as the responsibility of the Canadian Government, which as a signatory state is bound by the Geneva Conventions, to go to bat for Omar Khadr, such legal responsibility under the Convention does not exist:
Geneva Convention of 1949, Part I, Article 4: “Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict [the United States, emphasis added] or Occupying Power of which they are not nationals…Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State [Canada, emphasis added], shall not be regarded as protected persons while the State of which they are nationals [Canada, emphasis added]has normal diplomatic representation in the State [the United States, emphasis added]in whose hands they are.”
Even the average member of the MSM Presstitute Corps ought to grasp this Article. It says what a majority of the Supreme Court of Canada recognized, that the Executive Branch of the Canadian Government (both the Liberal government in office at the time of his capture and the Conservative government in office today), had/has complete discretion and authority in this matter, not the Courts and not Parliament.
WE DON’T WANT HIM HERE.
Usually, we don’t punish 15-year-olds. We try to rehabilitate them! True, Khadr was fighting on the wrong side, because as a young teenager he didn’t know any better. His parents/guardians should have been held accountable for making him serve with the enemy. Already, he has been incarcerated for many years; he ought to be released and returned to Canada under a special regime. He should be required to admit that he was fighting on the wrong side and that he regrets this. By the way, it has never been proven that he was the one to throw the grenade at an American soldier.
It was never proven that Khadr threw the hand grenade at the U.S. soldier. True, he was fighting on the wrong side, but he was only fifteen and we don’t usually punish fifteen-year-olds–we try to rehabilitate them. His family is the one really to blame and should have been prosecuted. He should be allowed to return to Canada and live here under surveyance until he proves that he has been truly reformed.
Why are you rejecting my balanced and fair comment about Omar Khadr? I am no “lefty”! I was a member of the federal Progressive Conservative Party. I used to have a lot of good feelings about your province, a close relative of mine was an Anglican minister in Saskatchewan. His last church was in Regina and he is buried there. This site is full of horrible extremist stuff. I will tell all my friends in Eastern Canada about my experience with your site, which appears entirely unworthy of bothering about.
A Canadian of convenience should not be able to hide behind a Canadian passport like a shield while at the same time staging war against all that Canada and its Allies stand for.
Omar Khadr had reached the age of puberty at the time of the incident in question, under Islamic beliefs he would have been considered a man. And he was not in the uniform of any country or army.
He should then be considered an accused adult terrorist at any trial.
While lining up the target in sight,the Canadian soldier must verify from his field charter of rights manual if the target fits the rules of engagement.For instance is the target wearing any rank,is the target’s country of origin displayed on the uniform,are there any friendlies in the vicinity,what age does…wait a sec…where’d he go?
Khadr and the CBC are taking quite a beating in the comments section at the following CBC website. Go there and read -you may even want to vote
http://www.cbc.ca/politics/story/2010/01/29/omar-khadr-supreme-court.html#socialcomments
“The appropriate remedy in this case is to declare that Khadr’s rights were violated…”
WTF – if the government is right – why does there have to be a “remedy”?
Crock of horseshit! No harm – no foul. Let the little terrorist bastard stew in his own crap.
Thank God. I am probably one of the younger SDA followers and remember being 15 quite clearly. It’s safe to say that if I picked up a grenade threw it at a soldier, I would have known what I was doing.
Then again, I wasn’t stupid enough to move to Afghanistan after being given a real opportunity at life in the great country we all call home.
“Maltreatment of the 23 year old”??? He killed a US soldier. I guess the lefties think he should’ve gotten a room at the Sheraton.
Our lovely Canadian snowflake:
http://steynian.files.wordpress.com/2008/05/omar_khadr_051308.jpg