10.5 million dollar compensation offer too Omar Khadr

JLM

Hall of Fame Member
Nov 27, 2008
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Vernon, B.C.
I suppose to look at this on the bright side, this 10.5 million is better spent than most of the 10.5 million portions our illustrious P.M. pisses down the drain. :) :)
 

tay

Hall of Fame Member
May 20, 2012
11,548
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I despise this government, Angst...............not our country.
It's not the government who decided on what the compensation should be, it was the Supreme Court.


Of course no one seems to be agitated that the Harper Cons wasted million fighting his case, which all the experts told the CONS that they would lose and to not waste Canadian Taxpayers money on challenges......Chretien and Paul Martin get some blame for doing nothing but the Conservatives dragged it out and ran up the bill.....


At the heart of the looming litigation is a $10-million lawsuit filed back in 2004, alleging numerous Charter breaches at the hands of Canadian officials who flew to Cuba to grill the Toronto-born teen in the early days of his detention. At first glance, the statement of claim appeared destined to fail. Khadr was in American custody, not Canadian, so how could his Charter rights have possibly been breached? But one decade and two Supreme Court decisions later, the suit suddenly seems unbeatable. Twice already, the country’s highest court has scolded Ottawa for stomping on Khadr’s constitutional rights.

From a strictly legal standpoint, it’s hard to imagine a scenario that doesn’t end with Khadr cashing a cheque. Even Daniel Livermore—a retired Foreign Affairs official who was director-general of the department’s security and intelligence branch when the 15-year-old was shot and captured by U.S. forces—says Ottawa didn’t do enough to protect and support Omar Khadr. “If he gets money, it doesn’t bother me at all; look at what the kid has gone through, and look what he is continuing to go through,” Livermore tells Maclean’s. “There was a problem with the Canadian response, and I acknowledge this as an official.”

Stephen Harper’s Conservatives have already spent millions challenging every court application with Khadr’s name on it. Last month, when Khadr showed his face for the first time in a Canadian courtroom to dispute his maximum-security designation, the Prime Minister himself weighed in, telling reporters his government will “vigorously defend” any attempt to soften the penalty Khadr received for his “heinous acts.” That vigorous defence is sure to apply to the lawsuit. If the family case history confirms anything, the feds would much rather roll the dice in front of a judge than deal with the optics of an out-of-court settlement with a Khadr. (Ottawa’s latest statement of defence denies he “has suffered any loss or damage as a result of the acts of Canadian officials” and insists that “an award of monetary damages is not available.”)


Omar Khadr

The SCC ruled against Harper and for Khadr back in 2010.


https://www.canlii.org/en/ca/scc/doc/2010/2010scc3/2010scc3.html


Born in Canada, Khadr was a toddler when his Palestinian mother and Egyptian father moved the family to Peshawar,Pakistan, so he and his siblings could attend bin Laden's training camps, according to court documents.

The family lived with the head of al Qaeda who was "the big person in the compound," Khadr's older brother Abdurrahman Khadr said.

At the camps, the Khadr children learned "Why we're here, why we are fighting America, why we are taking this way, why being a suicide bomber is an honor, why it's right religiously," Abdurrahman Khadr said in that interview.

Khadr has already served more time than he ever would under Canadian law, his lawyers say. They paint him as a victim, a kid trying to please his father, an al Qaeda financier who raised Omar and his siblings in bin Laden's training camps.

Khadr and his siblings briefly returned to Canada during that time, and then came back to Afghanistan to stay. In the weeks before the firefight in 2002, Omar Khadr's father "gave him away to a known Islamic militant" and the teen received one-on-one firearms and explosives training with al Qaeda members, according to court filings in his case.

Abdurrahman Khadr told "60 Minutes" last year that his brother went to the compound as a translator, not a fighter.

"He was sent there by my father and as an obedient kid and he said OK," he told the show. Their father died in a gunbattle with Pakistani police in 2003, according to Pakistani intelligence sources, a story the U.S. government has accepted as truth, a Pentagon spokesman told CNN.

As he got older, Abdurrahman Khadr, who is reportedly living in Canada, told CNN he grew to reject bin Laden's philosophy and went to work for the CIA for a brief time -- a claim the CIA will not comment on.

As soldiers walked into the compound, Khadr emerged from the ruins, threw the grenade that killed Speer and was then shot, prosecutor Marine Maj. Jeff Groharing said.

But the defense argues that there was another man alive in the compound who could have thrown the grenade, according to a 2004 Defense Department investigative interview with another U.S. soldier who was present. The defense accidentally released the document to the media in 2007.

The soldier said he "heard moaning" and saw a man lying on his right side, then shot the man in the head and he stopped moving, according to the testimony.

"If we were allowed to go into a real courtroom, not what we have at Guantanamo, and present that evidence, the court would clearly be left with reasonable doubt," Khadr's attorney said.



Teenage terrorist or confused kid -- Gitmo's youngest prisoner - CNN.com
 

JamesBondo

House Member
Mar 3, 2012
4,158
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48
Correct me if I'm wrong, but I thought there have been cases where victims have tried to sue the police for not coming to help when called, and the supreme court has always ruled on the side of the police, not the victim.

I guess, I have two questions.
1 - is this true?
2 - how is Khadr's case different?
 

tay

Hall of Fame Member
May 20, 2012
11,548
1
36
Correct me if I'm wrong, but I thought there have been cases where victims have tried to sue the police for not coming to help when called, and the supreme court has always ruled on the side of the police, not the victim.

I guess, I have two questions.
1 - is this true?
2 - how is Khadr's case different?
1) - I don't know if that's true or not

2) - I'm not sure what Khadr's case would have to do with your original question.
 

JamesBondo

House Member
Mar 3, 2012
4,158
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48
1) - I don't know if that's true or not

2) - I'm not sure what Khadr's case would have to do with your original question.

In Khadr's case, it was the US that did all the wrong doings, and Canada seemed to be a typical bureaucratic system that took a million years to do something about it. So I'm wondering how that is any different than when a police officer arrives late, or a welfare worker doesn't investigate for several months, or EI doesn't send your first 2 week paycheck until the 6-8th week.

I know on gun discussions, when people suggest that we don't need a firearm that the police will protect you....there is usually someone that points out that the police are not required to protect you.....ie when your rights are being violated, the police don't have to show up.

Anyway, I'm just asking a question and it is a pretty wide open question. If anyone want to answer it, I'd appreciate it.\
 

DaSleeper

Trolling Hypocrites
May 27, 2007
33,676
1,666
113
Northern Ontario,
Question?
Canada got him out of US custody

Why doesn't he sue the US who kept him in Guantanamo all that time?

Trudeau a softer touch?

And he wouldn't get a red cent out of Trump?
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
548
113
Vernon, B.C.
Question?
Canada got him out of US custody

Why doesn't he sue the US who kept him in Guantanamo all that time?

Trudeau a softer touch?

And he wouldn't get a red cent out of Trump?


Just the fact he is a Canadian citizen from the getgo pretty well precludes help from the Donald!
 

B00Mer

Make Canada Great Again
Sep 6, 2008
47,127
8,145
113
Rent Free in Your Head
www.canadianforums.ca
Question?
Canada got him out of US custody

Why doesn't he sue the US who kept him in Guantanamo all that time?

Trudeau a softer touch?

And he wouldn't get a red cent out of Trump?

:lol: all the butt hurt Canadians... next time you look at your pay check and those deductions think of Omar..

He thanks you from the bottom of his back account, which is now much deeper thanks to you
 

JamesBondo

House Member
Mar 3, 2012
4,158
37
48
It's not the government who decided on what the compensation should be, it was the Supreme Court.


Of course no one seems to be agitated that the Harper Cons wasted million fighting his case, which all the experts told the CONS that they would lose and to not waste Canadian Taxpayers money on challenges......Chretien and Paul Martin get some blame for doing nothing but the Conservatives dragged it out and ran up the bill.....


At the heart of the looming litigation is a $10-million lawsuit filed back in 2004, alleging numerous Charter breaches at the hands of Canadian officials who flew to Cuba to grill the Toronto-born teen in the early days of his detention. At first glance, the statement of claim appeared destined to fail. Khadr was in American custody, not Canadian, so how could his Charter rights have possibly been breached? But one decade and two Supreme Court decisions later, the suit suddenly seems unbeatable. Twice already, the country’s highest court has scolded Ottawa for stomping on Khadr’s constitutional rights.

From a strictly legal standpoint, it’s hard to imagine a scenario that doesn’t end with Khadr cashing a cheque. Even Daniel Livermore—a retired Foreign Affairs official who was director-general of the department’s security and intelligence branch when the 15-year-old was shot and captured by U.S. forces—says Ottawa didn’t do enough to protect and support Omar Khadr. “If he gets money, it doesn’t bother me at all; look at what the kid has gone through, and look what he is continuing to go through,” Livermore tells Maclean’s. “There was a problem with the Canadian response, and I acknowledge this as an official.”

Stephen Harper’s Conservatives have already spent millions challenging every court application with Khadr’s name on it. Last month, when Khadr showed his face for the first time in a Canadian courtroom to dispute his maximum-security designation, the Prime Minister himself weighed in, telling reporters his government will “vigorously defend” any attempt to soften the penalty Khadr received for his “heinous acts.” That vigorous defence is sure to apply to the lawsuit. If the family case history confirms anything, the feds would much rather roll the dice in front of a judge than deal with the optics of an out-of-court settlement with a Khadr. (Ottawa’s latest statement of defence denies he “has suffered any loss or damage as a result of the acts of Canadian officials” and insists that “an award of monetary damages is not available.”)


Omar Khadr

The SCC ruled against Harper and for Khadr back in 2010.


https://www.canlii.org/en/ca/scc/doc/2010/2010scc3/2010scc3.html


Born in Canada, Khadr was a toddler when his Palestinian mother and Egyptian father moved the family to Peshawar,Pakistan, so he and his siblings could attend bin Laden's training camps, according to court documents.

The family lived with the head of al Qaeda who was "the big person in the compound," Khadr's older brother Abdurrahman Khadr said.

At the camps, the Khadr children learned "Why we're here, why we are fighting America, why we are taking this way, why being a suicide bomber is an honor, why it's right religiously," Abdurrahman Khadr said in that interview.

Khadr has already served more time than he ever would under Canadian law, his lawyers say. They paint him as a victim, a kid trying to please his father, an al Qaeda financier who raised Omar and his siblings in bin Laden's training camps.

Khadr and his siblings briefly returned to Canada during that time, and then came back to Afghanistan to stay. In the weeks before the firefight in 2002, Omar Khadr's father "gave him away to a known Islamic militant" and the teen received one-on-one firearms and explosives training with al Qaeda members, according to court filings in his case.

Abdurrahman Khadr told "60 Minutes" last year that his brother went to the compound as a translator, not a fighter.

"He was sent there by my father and as an obedient kid and he said OK," he told the show. Their father died in a gunbattle with Pakistani police in 2003, according to Pakistani intelligence sources, a story the U.S. government has accepted as truth, a Pentagon spokesman told CNN.

As he got older, Abdurrahman Khadr, who is reportedly living in Canada, told CNN he grew to reject bin Laden's philosophy and went to work for the CIA for a brief time -- a claim the CIA will not comment on.

As soldiers walked into the compound, Khadr emerged from the ruins, threw the grenade that killed Speer and was then shot, prosecutor Marine Maj. Jeff Groharing said.

But the defense argues that there was another man alive in the compound who could have thrown the grenade, according to a 2004 Defense Department investigative interview with another U.S. soldier who was present. The defense accidentally released the document to the media in 2007.

The soldier said he "heard moaning" and saw a man lying on his right side, then shot the man in the head and he stopped moving, according to the testimony.

"If we were allowed to go into a real courtroom, not what we have at Guantanamo, and present that evidence, the court would clearly be left with reasonable doubt," Khadr's attorney said.



Teenage terrorist or confused kid -- Gitmo's youngest prisoner - CNN.com

that article says he was born in canada, ive seen other articles that say he wasn't. wtf? this is a pretty important point for me, and the media cant get it right.
 

B00Mer

Make Canada Great Again
Sep 6, 2008
47,127
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Rent Free in Your Head
www.canadianforums.ca
No sense in getting mad about shit you can't control in life..

Move on... most of Canada will be hot and sunny a day under a cool shade tree, and lemonade will take your mind of the politics of life..

..........................


Omar Kadr - - - facts - - -

Review by Ben Feral Selinger:

The story (the facts we know).
* Canadian born Khadr was taken to Afghanistan at 15 years old, by his father. We don't know if he wanted to go, and we don't know why they went. There has been zero evidence put forth to suggest the trip had anything to do with terrorism. Regardless, as he was only 15, he had no choice in the matter.
(EDIT: He was actually taken to Afghanistan at 9 years of age. He was taken to Gitmo at 15)
* Khadr was found in critical condition following a firefight. The mission debrief report filed by the US troops stated that a middle aged man threw a grenade, which killed one US soldier. The grenadier was shot in the head and confirmed killed.
* Khadr was taken to Guantanamo Bay prison. No charges were filed against him at that time.
* Several years later, formal charges were filed. These charges were technically not even charges of war crimes, as if they were true, Khadr would be considered an enemy combatant during a time of war, and thus everything he was accused of doing, was legal under rules of engagement. He was denied access to a lawyer at this point and no trial date was set. He was held in detention and tortured for nearly 10 years.
* Nearly a decade later, an addendum to the original mission debrief was submitted, which identified the grenadier as Khadr by name. The description was updated to match that of a 15 year old Khadr. The original report was not rescinded. No one knows who made the addendum. No US personnel present during the firefight confirms the addendum.
* A week later, Khadr is offered a plea deal. The terms of the deal were to admit guilt to all charges and serve a few more years in a Canadian prison, or refuse to admit guilt and be denied trial indefinitely.
* Khadr takes the plea deal, is transferred to Canada.
* Khadr sues the Canadian government for their involvement in his illegal detention, torture, and lack of a trial.

All of the above is true as far as anyone knows. That is the official story, from both the Canadian and US governments. They have said straight out that Khadr would not be offered a trial unless he took the plea deal. Just let that sink in for a moment.

Now let me ask you a question.
As a Canadian, what do you stand for? Do you believe that you, as a Canadian, have the right to be presumed innocent, until proven guilty, as well as the right to a fair and quick trial? I know this is hard for many of you to consider without jumping to "oh, but he's a terrorist, so **** him, he's a traitor and doesn't deserve anything", but we'll get to that in a minute. Seriously consider this. Do you believe you have, as a Canadian, the inalienable right to everything laid out in the Canadian Charter of Rights and Freedoms?

If you do, but still think Khadr does not, because he is a terrorist, let me ask you; "How do you know he is guilty?" There was no trial for 10 years, and he was only offered a trial on the condition that he plead guilty. How do we, as Canadians, determine guilt? Have you read and understood the Chart of Rights and Freedoms? It's entire purpose is precisely to ensure that what happened to Khadr, is not allowed to happen. Period.

Now I know many of you still can't get past the "but he's a traitor so he doesn't deserve a trial" even though neither you, nor me, nor the US or Canadian government were able to provide ANY evidence whatsoever, of his guilt (no evidence was submitted during his trial, presumably because none exists), but that doesn't matter. Let me explain the problem to you.

You are worried that terrorists are trying to take away your freedoms as a Canadian right? They're trying to force Sharia law upon us and we as Canadians, won't stand for that right?

Do you see where I'm going here? Presuming Khadr's guilt, with no evidence and without trial, is precisely what the terrorists want to do to Canada. Isn't that your concern? Does it not strike you then, that by saying that Khadr doesn't deserve a fair trial because he is a terrorist, with absolutely no evidence, nor a trial to prove the charges, that you are doing precisely what you are worried the terrorists are trying to do do us? A presumption of guilt, no trial, a decade of detention and torture. Is that not Sharia law?

At this point, I don't think any of us should even be concerned about Khadrs innocence or guilt. He is inconsequential at this point. The REAL concern for all Canadians, is that our government denied a Canadian citizen his inalienable rights, guaranteed to him under the Charter of Rights and Freedoms. They did EXACTLY what you are worried the terrorists are trying to do. If Khadr was guilty, a trial probably would have proven such, so why was he denied a trial?

For your information, the Canadian government did not simply offer up an apology and $10m for no reason. They were sued. The Canadian Supreme Court found in favour of Khadr, in that the Canadian government was in breach of Canadian and International law. That money will mostly be covering his legal fees. But here's where you should be more concerned about the money. The Canadian government spent $120m of your money, defending itself for committing what is legally, war crimes. Seriously. Your government, was just successfully sued, for war crimes. Crimes they committed not only against Khadr, but against the entire Canadian public. They assured us that we would all be given a fair trial, but now we know that is not true. They assured us that we will always be presumed innocent until proven guilty. We know that is not true. They took your money, money which could have been spent on building half a hospital or something, and spent it instead, on committing war crimes, and crimes directly against the Charter on which our country was founded.

In summation:
If you believe Khadr did not deserve a fair and quick trial, you are not Canadian. You do not stand for what Canada stands for. You are saying very clearly, that you don't care about evidence, treating people (who we presume are innocent until proven guilty) with basic decency, or your own or anyone else's right to a fair trial. You are, quite literally, openly supporting about half of Sharia law.
 

DaSleeper

Trolling Hypocrites
May 27, 2007
33,676
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113
Northern Ontario,
I go back to my original question, the United States, were the ones who put him in Guantanamo, put him on trial, where he plead guilty to killing that soldier.......Canada got him transferred to a Canadian prison, where due process set him free!
Why the **** doesn't he sue the U.S. government?

If some fireman carries you out of a burning house, would you sue the fireman or the guy who set fire to the house?
 

spaminator

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Oct 26, 2009
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taxslave

Hall of Fame Member
Nov 25, 2008
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Vancouver Island
I go back to my original question, the United States, were the ones who put him in Guantanamo, put him on trial, where he plead guilty to killing that soldier.......Canada got him transferred to a Canadian prison, where due process set him free!
Why the **** doesn't he sue the U.S. government?

If some fireman carries you out of a burning house, would you sue the fireman or the guy who set fire to the house?

Well the way what passes for a legal system in Canada works the firefighter probably has more money and easier to find than the torch so he would be sued.

No sense in getting mad about shit you can't control in life..

Move on... most of Canada will be hot and sunny a day under a cool shade tree, and lemonade will take your mind of the politics of life..

..........................


Omar Kadr - - - facts - - -

Review by Ben Feral Selinger:

The story (the facts we know).
* Canadian born Khadr was taken to Afghanistan at 15 years old, by his father. We don't know if he wanted to go, and we don't know why they went. There has been zero evidence put forth to suggest the trip had anything to do with terrorism. Regardless, as he was only 15, he had no choice in the matter.
(EDIT: He was actually taken to Afghanistan at 9 years of age. He was taken to Gitmo at 15)
* Khadr was found in critical condition following a firefight. The mission debrief report filed by the US troops stated that a middle aged man threw a grenade, which killed one US soldier. The grenadier was shot in the head and confirmed killed.
* Khadr was taken to Guantanamo Bay prison. No charges were filed against him at that time.
* Several years later, formal charges were filed. These charges were technically not even charges of war crimes, as if they were true, Khadr would be considered an enemy combatant during a time of war, and thus everything he was accused of doing, was legal under rules of engagement. He was denied access to a lawyer at this point and no trial date was set. He was held in detention and tortured for nearly 10 years.
* Nearly a decade later, an addendum to the original mission debrief was submitted, which identified the grenadier as Khadr by name. The description was updated to match that of a 15 year old Khadr. The original report was not rescinded. No one knows who made the addendum. No US personnel present during the firefight confirms the addendum.
* A week later, Khadr is offered a plea deal. The terms of the deal were to admit guilt to all charges and serve a few more years in a Canadian prison, or refuse to admit guilt and be denied trial indefinitely.
* Khadr takes the plea deal, is transferred to Canada.
* Khadr sues the Canadian government for their involvement in his illegal detention, torture, and lack of a trial.

All of the above is true as far as anyone knows. That is the official story, from both the Canadian and US governments. They have said straight out that Khadr would not be offered a trial unless he took the plea deal. Just let that sink in for a moment.

Now let me ask you a question.
As a Canadian, what do you stand for? Do you believe that you, as a Canadian, have the right to be presumed innocent, until proven guilty, as well as the right to a fair and quick trial? I know this is hard for many of you to consider without jumping to "oh, but he's a terrorist, so **** him, he's a traitor and doesn't deserve anything", but we'll get to that in a minute. Seriously consider this. Do you believe you have, as a Canadian, the inalienable right to everything laid out in the Canadian Charter of Rights and Freedoms?

If you do, but still think Khadr does not, because he is a terrorist, let me ask you; "How do you know he is guilty?" There was no trial for 10 years, and he was only offered a trial on the condition that he plead guilty. How do we, as Canadians, determine guilt? Have you read and understood the Chart of Rights and Freedoms? It's entire purpose is precisely to ensure that what happened to Khadr, is not allowed to happen. Period.

Now I know many of you still can't get past the "but he's a traitor so he doesn't deserve a trial" even though neither you, nor me, nor the US or Canadian government were able to provide ANY evidence whatsoever, of his guilt (no evidence was submitted during his trial, presumably because none exists), but that doesn't matter. Let me explain the problem to you.

You are worried that terrorists are trying to take away your freedoms as a Canadian right? They're trying to force Sharia law upon us and we as Canadians, won't stand for that right?

Do you see where I'm going here? Presuming Khadr's guilt, with no evidence and without trial, is precisely what the terrorists want to do to Canada. Isn't that your concern? Does it not strike you then, that by saying that Khadr doesn't deserve a fair trial because he is a terrorist, with absolutely no evidence, nor a trial to prove the charges, that you are doing precisely what you are worried the terrorists are trying to do do us? A presumption of guilt, no trial, a decade of detention and torture. Is that not Sharia law?

At this point, I don't think any of us should even be concerned about Khadrs innocence or guilt. He is inconsequential at this point. The REAL concern for all Canadians, is that our government denied a Canadian citizen his inalienable rights, guaranteed to him under the Charter of Rights and Freedoms. They did EXACTLY what you are worried the terrorists are trying to do. If Khadr was guilty, a trial probably would have proven such, so why was he denied a trial?

For your information, the Canadian government did not simply offer up an apology and $10m for no reason. They were sued. The Canadian Supreme Court found in favour of Khadr, in that the Canadian government was in breach of Canadian and International law. That money will mostly be covering his legal fees. But here's where you should be more concerned about the money. The Canadian government spent $120m of your money, defending itself for committing what is legally, war crimes. Seriously. Your government, was just successfully sued, for war crimes. Crimes they committed not only against Khadr, but against the entire Canadian public. They assured us that we would all be given a fair trial, but now we know that is not true. They assured us that we will always be presumed innocent until proven guilty. We know that is not true. They took your money, money which could have been spent on building half a hospital or something, and spent it instead, on committing war crimes, and crimes directly against the Charter on which our country was founded.

In summation:
If you believe Khadr did not deserve a fair and quick trial, you are not Canadian. You do not stand for what Canada stands for. You are saying very clearly, that you don't care about evidence, treating people (who we presume are innocent until proven guilty) with basic decency, or your own or anyone else's right to a fair trial. You are, quite literally, openly supporting about half of Sharia law.

A's ISEE it the big holes in your senareo are that Canada did not send him to Afganistan. Canada did not force him to fight for the Taliban. Canada did not intern him in Gitmo Bay. All these are action the Canadian government had zero control over. THe Canadian government did get him into a Canadian prison once he pled guilty in the US, which is much softer than a US prison. The Canadian government did what it was supposed to do at about the speed bureaucrats work.