Why Canada isn't seeking Omar Khadr's Return?

Tyler

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Can someone provide one legal reason how the Canadian government can refuse to seek Omar Khadr's repatriation?

The Federal Court of Canada and the Court of Appeals had already concluded that the government has the obligation to seek his repatriation. Although the Supreme Court has stopped short from asking that, it agreed that Khadr's rights have been violated.

Us, laymen, can argue about what rights he waived, and how guilty he is, etc... etc... but at the end of the day, it's been concluded by the judicial branch that his rights have indeed been denied.

What legal reasoning does our government have to refuse to do what's right? Is the government blatantly violating the Charter just because they can?

Canada Does Not Guarantee Canadian Rights and Freedoms | Blables.com
 

CDNBear

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Can someone provide one legal reason how the Canadian government can refuse to seek Omar Khadr's repatriation?

The Federal Court of Canada and the Court of Appeals had already concluded that the government has the obligation to seek his repatriation. Although the Supreme Court has stopped short from asking that, it agreed that Khadr's rights have been violated.

Us, laymen, can argue about what rights he waived, and how guilty he is, etc... etc... but at the end of the day, it's been concluded by the judicial branch that his rights have indeed been denied.

What legal reasoning does our government have to refuse to do what's right? Is the government blatantly violating the Charter just because they can?

Canada Does Not Guarantee Canadian Rights and Freedoms | Blables.com
Because there's no legal precident to force the Gov't to petition the Americans to return him.

Besides that, who the hell wants the terrorist scum back here? Let him rot in Gitmo.
 

gerryh

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That's right....f*ckin 15 year olds caught hiding behind rubble in afghanistan should rot in american jails.
 

Slim Chance

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Can someone provide one legal reason how the Canadian government can refuse to seek Omar Khadr's repatriation?


What legal reasoning does our government have to refuse to do what's right?


One reason is that the the Canadian government is not in the business of dictating the domestic or judicial policy that applies in another nation.

What's "right" is that Khadr answer for his crimes in the jurisdiction where it was committed.
 

CDNBear

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That's right....f*ckin 15 year olds caught hiding behind rubble in afghanistan should rot in american jails.
At 15 did you know right from wrong?

One reason is that the the Canadian government is not in the business of dictating the domestic or judicial policy that applies in another nation.
Bingo!

What's "right" is that Khadr answer for his crimes in the jurisdiction where it was committed.
Now you're a member that knows what time it is...send him back to Afghanistan.
 

gerryh

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One reason is that the the Canadian government is not in the business of dictating the domestic or judicial policy that applies in another nation.

What's "right" is that Khadr answer for his crimes in the jurisdiction where it was committed.


The jurisdiction he was "arrested" in was afghanistan, he is in gitmo........ was fighting an invading aggressor illegal? How about the fact that he was 15 years old, what is considered a child soldier, and the legal requirements for child soldiers is counseling and reintegration into society.
 

CDNBear

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At 15 did you know right from wrong?

quote]

At 15 could you be manipulated?
I'll have to admit yes, but if dear old Dad asked me to go to a foreign country and kill infidels, I'd have to say I think not.

Hell Avro, even when I was at my most militant, I never considered killing "white people".

The jurisdiction he was "arrested" in was afghanistan, he is in gitmo........ was fighting an invading aggressor illegal? How about the fact that he was 15 years old, what is considered a child soldier, and the legal requirements for child soldiers is counseling and reintegration into society.
Cool, let the Afghans do that then...;-)
 

gerryh

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At 15 did you know right from wrong?

Yup. and as a Canadian citizen, I would have expected to be charged and tried for my supposed transgressions in a timely manner. Something Khadr has not had happen. There are now questions as to whether or not he actually threw the grenade or was just cowering behind the rubble when the americans stormed the bunker and shot him in the back. The biggest question is...why have the americans taken sooooooooooo long bringing him to trial? Could it be because their case against him has disinigrated and they are just hoping the world forgets about this child?
 

Slim Chance

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The jurisdiction he was "arrested" in was afghanistan, he is in gitmo.


You can sign me up for a donation for a plane ticket to Afghanistan. I'll wager that you'll collect enough cash to buy the plane.


was fighting an invading aggressor illegal? How about the fact that he was 15 years old, what is considered a child soldier and the legal requirements for child soldiers is counseling and reintegration into society.

Khadr is not an Afghan - that makes him a foreigner, doesn't it? In fact, you might easily make the argument that he isn't a soldier, but a mercenary... I wonder if the same UN rules surrounding "child soldiers" extends to mercenaries?
 

Johnnny

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Id say he has done his time and let him go. But my question is that can he live with everyone in regular society and not do something crazy? The night they arrested Omar Khadr they hit the coumpound he was in with Apaches and A-10's, and then Delta team gutted them after....... Id be insane after that, and i dont Khadr is mentally fit to live amognst us

in my opinion of course
 
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Avro

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I'll have to admit yes, but if dear old Dad asked me to go to a foreign country and kill infidels, I'd have to say I think not.

Hell Avro, even when I was at my most militant, I never considered killing "white people".

Depends, how long has this kid been manipulated?

Goes onto the Israeli debate, the kids in Gaza are told to hate Jews from from day one.

We have to judge on whether it is the child's fault or those who would teach him.

I suspect it is the latter, call me naive but I have always thought that the case.
 

gerryh

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Khadr is not an Afghan - that makes him a foreigner, doesn't it? In fact, you might easily make the argument that he isn't a soldier, but a mercenary... I wonder if the same UN rules surrounding "child soldiers" extends to mercenaries?

yes, they do.
 

CDNBear

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Yup. and as a Canadian citizen, I would have expected to be charged and tried for my supposed transgressions in a timely manner. Something Khadr has not had happen. There are now questions as to whether or not he actually threw the grenade or was just cowering behind the rubble when the americans stormed the bunker and shot him in the back. The biggest question is...why have the americans taken sooooooooooo long bringing him to trial? Could it be because their case against him has disinigrated and they are just hoping the world forgets about this child?
Could it be that there is no legal case history for trying un uniformed foriegn nationals in a war zone?

Because as you know, they were summarily shot in past wars.

No, he's a Canadian citizen.
Ya so? He gave that up when he left the country to kill by buddies.

You can sign me up for a donation for a plane ticket to Afghanistan. I'll wager that you'll collect enough cash to buy the plane.
I'm falling in love with you...:lol:


Khadr is not an Afghan - that makes him a foreigner, doesn't it? In fact, you might easily make the argument that he isn't a soldier, but a mercenary... I wonder if the same UN rules surrounding "child soldiers" extends to mercenaries?
It doesn't. And age on paper means nothing to me. Besides that, I would have put three in his on site.
 

CDNBear

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Depends, how long has this kid been manipulated?

Goes onto the Israeli debate, the kids in Gaza are told to hate Jews from from day one.

We have to judge on whether it is the child's fault or those who would teach him.

I suspect it is the latter, call me naive but I have always thought that the case.
I'll agree, but you have to understand, I'm not the kind of guy that believes kids are all that innocent. I may be wrong, but I was raised to accept my own responsibility. And I have a finite set of rules in regards to those that present a danger to my buddies.
 

Slim Chance

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Could it be that there is no legal case history for trying un uniformed foriegn nationals in a war zone?

Because as you know, they were summarily shot in past wars.

Ya so? He gave that up when he left the country to kill by buddies.

I'm falling in love with you...:lol:


It doesn't. And age on paper means nothing to me. Besides that, I would have put three in his on site.


Looks like we see eye to eye on this. On the age issue, it is the local culture that should dictate the terms... If boys are considered men at a certain age in Afghanistan (or wherever else), then that should be the standard.

As far as Khadr being manipulated, I understand that he has an older brother in Canada that elected not to follow in dear old dad's terrorist footsteps.... No one can tell me that he was manipulated or had no choice.
 

Avro

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Looks like we see eye to eye on this. On the age issue, it is the local culture that should dictate the terms... If boys are considered men at a certain age in Afghanistan (or wherever else), then that should be the standard.

As far as Khadr being manipulated, I understand that he has an older brother in Canada that elected not to follow in dear old dad's terrorist footsteps.... No one can tell me that he was manipulated or had no choice.


Except many kids vote the same way there parents do.

When they get older that tends to change a bit.

Often, kids are a result on how they are brought up.

Messy....but still a fact.
 

gerryh

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No one can tell me that he was manipulated or had no choice.


That is no surprise to me at all. People as closed minded as yourself can very seldom be told anything.

I see that you and your fellow blood letter have conveniently ignored the new facts that have been seeping out over the last few years concerning the case the americans have against Khadr. Things like one of their eye witnesses now recanting that he saw Khadr throw the grenade. Now stating that it was thrown by an adult that was killed by the seals. Now stating that Khadr was cowering behind a pile of rubble without a weapon...... but I know..... all this is inconsequential to the "bigger picture" .... right? :rolleyes: