Omar Khadr sues Canada for $10 million

[earth_as_one]

Omar Khadr remains in Guantanamo Bay, but his Canadian lawyers are already seeking $10-million in damages from the Canadian government for its alleged complicity in his ordeal.
Nate Whitling, a lawyer for the Khadr family, confirmed that a stalled civil suit is now seeking millions on behalf of Mr. Khadr, up from the original $100,000 sought when it was launched years ago.
“That's been out there for a while,” Mr. Whitling said, adding the proposed damages were amended following court-ordered disclosures regarding the Canadian Security Intelligence Service's role in interviewing Mr. Khadr in Guantanamo.
The Canadian suit remains years away from resolution. U.S. legal processes are still ongoing, and authorities in Washington have never retreated from their decision to hold Mr. Khadr as an alleged al-Qaeda enemy.
Last month, the Supreme Court of Canada upheld that the CSIS interviews violated Mr. Khadr's Charter rights as a Canadian citizen, reinforcing a series of previous court rulings have ruled that CSIS should have stayed away from gathering intelligence inside the “legal black hole” represented by the U.S. prison camp for “illegal enemy combatants.”
Mr. Khadr's lawyers have obtained videotapes of CSIS agents interviewing Mr. Khadr in “Gitmo” as well as diplomatic notes indicating Canadian agents knew he had been subjected to sleep deprivation by U.S. soldiers in a bid to get him to talk.
While ruling these practises amounted to breach of Mr. Khadr's rights, Canadian courts have stopped short of ordering Canada's Conservative government to press the United States to send him to Canada.
Supporters of Mr. Khadr remain hopeful that he will be repatriated soon.
In 2002, Mr. Khadr was captured in Afghanistan as a 15-year-old fighter.
He was the sole survivor of his faction, while one U.S. soldier was killed in the battle.
The Pentagon has alleged that Mr. Khadr – who was shot several times in the battle – threw a grenade the killed U.S. Sergeant First Class Christopher Speer, and that this act constitutes murder.
Since his capture, Mr. Khadr was interrogated at the Bagram military base in Afghanistan and then later at Guantanamo, which operates on leased U.S. land in Cuba.
Intelligence agents were after information about his father, since slain and heralded as a “martyr” by al-Qaeda figures.
Egyptian-born Ahmed Said Khadr had worked as an engineer in Canada prior to uprooting his family to Afghanistan to live in a compound with Osama bin Laden.
The Khadr father is said to have loaned his young son to a prominent al-Qaeda lieutenant who was resisting the 2001 U.S.-led invasion of Afghanistan.
The $10-million figure, while steep, is not unheard of.
In 2006, Ottawa officials awarded a near-record compensation package of that amount to Maher Arar, the Canadian engineer who spent a year jailed in Syria as a suspected al-Qaeda member.
A Canadian judge ruled that Canadian police circulated inaccurate intelligence about Mr. Arar prior to his ordeal, intelligence that led U.S. agents to arrest him at a New York airport and then, send him to his native Syria for interrogation.
Mr. Justice Dennis O'Connor ruled that Ottawa should compensate Mr. Arar for torture suffered at the hands of Syrian officials.


Omar Khadr's civil suit against Ottawa seeks $10-million - The Globe and Mail

Khadr was 15 at the time he fought the Americans in Afghanistan, was captured and tortured. According to international law, he was a child soldier and a victim.


I don't care for Khadr, but he is a Canadian citizen, and the government shouldn't be able to decide which Canadians have rights and which don't. Then then wouldn't be "rights" anymore. Now they are discretionary favors. I don't think Canada should go down that path. Either all Canadians have the same rights, or we don't really have any rights at all.

 

[Liberalman]

The Conservative party wants to take away the rights of Canadian citizens

 

[Canaduh]

I'd say when he chose to fight for a foreign power he gave up any rights he once had as a Canadian citizen.

In 2006, Ottawa officials awarded a near-record compensation package of that amount to Maher Arar, the Canadian engineer who spent a year jailed in Syria as a suspected al-Qaeda member.

I can understand this, there is a big difference between allegedly being involved with a terrorist organization and being caught fighting for and killing friendly forces in the name of one.

 

[Slim Chance]

The Conservative party wants to take away the rights of Canadian citizens

Are you worried that Khadr won't be able to exercise his right to operate as a terrorist or his right to flee justice?

 

[ironsides]

"While ruling these practices amounted to breach of Mr. Khadr's rights, Canadian courts have stopped short of ordering Canada's Conservative government to press the United States to send him to Canada.
Supporters of Mr. Khadr remain hopeful that he will be repatriated soon.
In 2002, Mr. Khadr was captured in Afghanistan as a 15-year-old fighter.
He was the sole survivor of his faction, while one U.S. soldier was killed in the battle.
The Pentagon has alleged that Mr. Khadr – who was shot several times in the battle – threw a grenade the killed U.S. Sergeant First Class Christopher Speer, and that this act constitutes murder."

Khadr may be a Canadian, but he was caught by Americans, fighting against Americans. Americans will decide his fate, I just wish it was in a military court. (by the way Federal and Military provide the same rights to those being tried,)

 

[taxslave]

Canadians "rights" do not extend Right now Khadr is in in US custody. Let them keep feeding him or send him to A-stan where his crime was committed. We certainly don't want him here.

 

[Colpy]

"While ruling these practices amounted to breach of Mr. Khadr's rights, Canadian courts have stopped short of ordering Canada's Conservative government to press the United States to send him to Canada.
Supporters of Mr. Khadr remain hopeful that he will be repatriated soon.
In 2002, Mr. Khadr was captured in Afghanistan as a 15-year-old fighter.
He was the sole survivor of his faction, while one U.S. soldier was killed in the battle.
The Pentagon has alleged that Mr. Khadr – who was shot several times in the battle – threw a grenade the killed U.S. Sergeant First Class Christopher Speer, and that this act constitutes murder."

Khadr may be a Canadian, but he was caught by Americans, fighting against Americans. Americans will decide his fate, I just wish it was in a military court. (by the way Federal and Military provide the same rights to those being tried,)

Please read the Fifth Amendment to the US Constitution.

It shows beyond any doubt that Khadr's trial is unconstitutional under the supreme law of the United States.

And, you've got to admit, it is a little silly to try a person (even a man, which Khadr was not) who in combat throws a grenade at you.....after you dropped a 2000 lb bomb on him.......come ON!!!! 8O

 

[Colpy]

Canadians "rights" do not extend Right now Khadr is in in US custody. Let them keep feeding him or send him to A-stan where his crime was committed. We certainly don't want him here.

Send him to Afghanistan??? Now THAt is a good idea.

 

[Slim Chance]

Please read the Fifth Amendment to the US Constitution.

It shows beyond any doubt that Khadr's trial is unconstitutional under the supreme law of the United States.

And, you've got to admit, it is a little silly to try a person (even a man, which Khadr was not) who in combat throws a grenade at you.....after you dropped a 2000 lb bomb on him.......come ON!!!! 8O

Khadr is not an American citizen, nor is he (physically) in the USA. He is not subject to any rights or benefits afforded under the US Constitution.

Khadr was not defending "his" land in Afghanistan. he was there as a mercenary/terrorist.

 

[Colpy]

Khadr is not an American citizen, nor is he (physically) in the USA. He is not subject to any rights or benefits afforded under the US Constitution.

Khadr was not defending "his" land in Afghanistan. he was there as a mercenary/terrorist.

I think we had this discussion before, and you are still wrong.

The Constitution says "person", not "American citizen". So much for your first argument.

The Bay is totally under US control, it is a leased territory.......if US constitutional law does not apply there, it applies nowhere. In fact, your argument, if considered valid, would allow the United States to ship any of their accused to the Bay, to ships off shore, or to anywhere else (Puerto Rico?) not in the actual USA and try them without the benefit of Constitutional protection....therefore argument number two does not fly....unless the Bill of Rights is totally useless.

As for your third argument, that is true. But neither were the US soldiers involved. And it would be for the Afghan courts (NOT the US courts) to decide whether Khadr was indeed a mercenary fighting on their territory.......

 

[Slim Chance]

I think we had this discussion before, and you are still wrong.

The Constitution says "person", not "American citizen". So much for your first argument.

The Bay is totally under US control, it is a leased territory.......if US constitutional law does not apply there, it applies nowhere. In fact, your argument, if considered valid, would allow the United States to ship any of their accused to the Bay, to ships off shore, or to anywhere else (Puerto Rico?) not in the actual USA and try them without the benefit of Constitutional protection....therefore argument number two does not fly....unless the Bill of Rights is totally useless.

As for your third argument, that is true. But neither were the US soldiers involved. And it would be for the Afghan courts (NOT the US courts) to decide whether Khadr was indeed a mercenary fighting on their territory.......

Incorporating your logic about a "person" being able to enjoy the rights of the Constitution - Are you, as a person, entitled to vote in the US elections? Run for president of the USA?. We know that this is not possible, therefore, are your personal, Constitutional rights being denied?

As far as the leased land in Cuba is concerned, let's assume that it is treated in the identical manner as any US embassy would be in a foreign land - that is, it is considered American territory. As a non-US citizen, I can visit the embassy for a visa but I do not automatically qualify as a beneficiary of Constitutional rights. I would not be considered a citizen nor would I be able to exercise my "right" to vote in an American election on election day simply by virtue of physically being in the embassy. On that note, had the Americans captured Khadr in the United States and later shipped him off to Gitmo, then possibly a case could be made that his rights were violated. As it stands, he was taken overseas and shipped to another foreign location.

If this issue had any legs at all, multiple nations would have made a stink long before we would have heard about Khadr. The fact is that we haven't heard any significant rumblings about it from the international community because there are no American Constitutional rights (of the detainees) being violated.

 

[AnnaG]

Khadr was 15 at the time he fought the Americans in Afghanistan, was captured and tortured. According to international law, he was a child soldier and a victim.

Egyptians can become engineers and have a wife and presumably kids at the age of 15? wow
From your article

Egyptian-born Ahmed Said Khadr had worked as an engineer in Canada prior to uprooting his family to Afghanistan to live in a compound with Osama bin Laden.

I don't care for Khadr, but he is a Canadian citizen, and the government shouldn't be able to decide which Canadians have rights and which don't. Then then wouldn't be "rights" anymore. Now they are discretionary favors. I don't think Canada should go down that path. Either all Canadians have the same rights, or we don't really have any rights at all.

I am not fond of people that associate with nutballs either, but you're right. A Canadian is a Canadian.

 

[AnnaG]

The Conservative party wants to take away the rights of Canadian citizens

Yup. They followed in the footsteps of the Gliberals in that respect.

 

[AnnaG]

I'd say when he chose to fight for a foreign power he gave up any rights he once had as a Canadian citizen.

So the Canucks who are fighting for the UN in Afghanistan have no Canadian rights? Canadians have been fighting for other countries pretty much since a few went and fought in the American Revolution.

 

[Niflmir]

It is hard to imagine that a 15 year old would get more than 8 years in prison in a fair trial, in any case, for throwing a grenade at somebody who was trying to kill him.

Good idea of his Lawyers to up the amount they were asking for. Given the decision of the supreme court, they may very well be able to collect. Although I am not sure whether he will be allowed to enjoy it.

 

[petros]

Where can I personally mail him my 30 cents?

 

[Colpy]

Incorporating your logic about a "person" being able to enjoy the rights of the Constitution - Are you, as a person, entitled to vote in the US elections? Run for president of the USA?. We know that this is not possible, therefore, are your personal, Constitutional rights being denied?

As far as the leased land in Cuba is concerned, let's assume that it is treated in the identical manner as any US embassy would be in a foreign land - that is, it is considered American territory. As a non-US citizen, I can visit the embassy for a visa but I do not automatically qualify as a beneficiary of Constitutional rights. I would not be considered a citizen nor would I be able to exercise my "right" to vote in an American election on election day simply by virtue of physically being in the embassy. On that note, had the Americans captured Khadr in the United States and later shipped him off to Gitmo, then possibly a case could be made that his rights were violated. As it stands, he was taken overseas and shipped to another foreign location.

If this issue had any legs at all, multiple nations would have made a stink long before we would have heard about Khadr. The fact is that we haven't heard any significant rumblings about it from the international community because there are no American Constitutional rights (of the detainees) being violated.

Ah...we are discussing the basic rights of individuals, as laid out in the Bill of Rights.......which never mentions voting. It does not do so, because voting is not a right of all persons.......while the rights so carefully laid out in the ten amendments are universal......

As for Cuba, if the Bay falls under Cuban law.....well, you get my point. It doesn't, it falls under US law.

So much for that argument........

'Multiple nations" don't give a damn about the US Bill of Rights.....but the Americans must. Oh, and BTW, if you think there has been no uproar over Gitmo....well, respectfully I have to ask......what planet have you been living on?

 

[Slim Chance]

Ah...we are discussing the basic rights of individuals, as laid out in the Bill of Rights.......which never mentions voting. It does not do so, because voting is not a right of all persons.......while the rights so carefully laid out in the ten amendments are universal......

As for Cuba, if the Bay falls under Cuban law.....well, you get my point. It doesn't, it falls under US law.

So much for that argument........

'Multiple nations" don't give a damn about the US Bill of Rights.....but the Americans must. Oh, and BTW, if you think there has been no uproar over Gitmo....well, respectfully I have to ask......what planet have you been living on?

The basic rights of individuals in the US Constitution are not the same as human rights and as we are discussing the US Constitution, that is the document that will trump all others. Take a read (if you are interested) in this document and it may shed some light.

Constitutional Rights, Powers and Duties

A couple of excerpts:

Personhood:[1]

"Persons" are one of the two main classes which are the subject of rights, powers, and duties, the other being "citizens". Persons may be "natural" or "corporate". "Citizens" are a subclass of "natural persons". Only persons have standing as parties under due process.

Citizenship:

Citizenship is the attribute of persons who, as members of the polity, have certain privileges and duties in addition to those they have as persons. Citizens include those born on U.S. or State territory or naturalized according to law.


In terms of the uproar over Gitmo, I am not familiar with any formal declarations of other recognized governments that have suggested that any detainee of a specific nation has been denied their Constitutional rights. This comment is limited to formal, recognized governments and excludes groups like Amnesty International, Red cross, etc.


The last point. Gitmo falls under US military law.

 

[ironsides]

Please read the Fifth Amendment to the US Constitution.

It shows beyond any doubt that Khadr's trial is unconstitutional under the supreme law of the United States.

And, you've got to admit, it is a little silly to try a person (even a man, which Khadr was not) who in combat throws a grenade at you.....after you dropped a 2000 lb bomb on him.......come ON!!!! 8O

The other options are, we can shoot him or keep him in a military prison until the war against Bin Ladin is over. It is funny however to be considering a trial for him though. Right now if he is released, we will have another 21 year old terrorist on our hands.

 

[gerryh]

The other options are, we can shoot him or keep him in a military prison until the war against Bin Ladin is over. It is funny however to be considering a trial for him though. Right now if he is released, we will have another 21 year old terrorist on our hands.

yup, and you've had 8 years to ensure that.