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

ironsides

Executive Branch Member
Feb 13, 2009
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what "judicial process"? NOTHING has been decided or done...Kahdr has been in that hole for 8 years now without a resolution....without being brought to trial.


Has the group he belongs to laid down their arms yet? Be happy, he is having a wonderful time compared to what he would be doing if he wasn't captured.:angel5:
 

EagleSmack

Hall of Fame Member
Feb 16, 2005
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How about playing by the rules that you yourself expect? You know, treat those the way you expect to be treated. Something the u.s. has not done when it comes to the treatment and disposition of those in gitmo.

I'll ask again...how have our captured soldiers and civillians fared in the hands of Al Queda, Taliban, and Insurgent hands?

Not very well. In fact all have been executed. Some have even had their heads sawed off.

I'd much rather spend my time in GITMO than being infront of an video camera while someone from Al Queda reads a statement behind me.

What about you?
 
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EagleSmack

Hall of Fame Member
Feb 16, 2005
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You're right, I don't know what I was thinking in expecting americans not to be shooting anyone in the back,....

Did you ever see the video of the Canadian Snipers?

Wow that is some clip. They were sniping guys from about a mile away and have the records for sniping.

Are they cowards?

Not in my book.
 

CDNBear

Custom Troll
Sep 24, 2006
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Did you ever see the video of the Canadian Snipers?

Wow that is some clip. They were sniping guys from about a mile away and have the records for sniping.

Are they cowards?

Not in my book.
With the aid of hotter US rounds, 2430meters out.

"What did you feel when you pulled the trigger?"

"Recoil"
 

Slim Chance

Electoral Member
Nov 26, 2009
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He was a child, and as such, should be treated accordingly.

Plus, he has been in prison without having been found guilty of sweet p*ss all for how many years? How would that with any of sit with any of ya's if it was the chinese, or Russians, or Saudi's, etc holding some other Canadian or american citizen?


He was considered a man by Middle Eastern, terrorist standards. He too saw himself as a man. That's good enough, ain't it?

As far as his guilt is concerned, as another poster pointed out, he was in Afghanistan illegally, he was fighting illegally and his entire organization that he yearned to be with are illegal.

BTW - There are all kinds of Canadians in American, Russian and Saudi prisons.
 

DurkaDurka

Internet Lawyer
Mar 15, 2006
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what "judicial process"? NOTHING has been decided or done...Kahdr has been in that hole for 8 years now without a resolution....without being brought to trial.

It might be slow but it is a process, Gerry.

Murderers commonly have 2-3 years of pre-trial custody before a verdict is rendered, depending on the notoriety.... in Canada.
 

Tyler

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Oct 3, 2008
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The decisions of the lower courts are irrelevnt, because they were overturned by the Supreme Court.......so that is the ONLY decision, as far as the law is concerned.

The Court indeed did conclude his rights had been violated.....but only by the fact Canadians interogated him without giving him full benefit of his legal protections under Canadian law........they did NOT say his rights under the Charter were violated by Canada not seeking his release......correctly deciding that would be delving into foreign affairs, which is simply not their jurisdiction.

Therefore, the gov't is NOT violating the Charter..........simple as that.

That said, I think the gov't should quietly seek his release, then sneak him back into Canada to avoid the inevitable sign-waving morons giving him a hero's welcome at the airport....I have some sympathy with the depiction of him as a child soldier......and the Americans ARE denying him his rights under their Constitution.......

Looks like there is a healthy discussion going on here :)

Well said, Colpy. However, I'm not stating that Canada is violating the Charter by not seeking his release. It's the implied inaction of NOT PROTECTING his rights, which have been violated, as promised by the Charter.

How can one promise that they are here to protect one's rights, and then turn a blindeye to an admitted violation? Sure, maybe not repatriating isn't against the Charter, but find SOME remedy?? Do something to stop the violations.

- Tyler
 

CDNBear

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Sep 24, 2006
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Looks like there is a healthy discussion going on here :)

Well said, Colpy. However, I'm not stating that Canada is violating the Charter by not seeking his release. It's the implied inaction of NOT PROTECTING his rights, which have been violated, as promised by the Charter.

How can one promise that they are here to protect one's rights, and then turn a blindeye to an admitted violation? Sure, maybe not repatriating isn't against the Charter, but find SOME remedy?? Do something to stop the violations.

- Tyler
Can we establish that he was even capable of being called a Canadian citizen?

I mean he was not a resident anymore, he wasn't eligible for even health care in Ontario.

So how far back do we go to protect so called Canadians?
 

gerryh

Time Out
Nov 21, 2004
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Can we establish that he was even capable of being called a Canadian citizen?

I mean he was not a resident anymore, he wasn't eligible for even health care in Ontario.

So how far back do we go to protect so called Canadians?


How about expats that move to.....oh...lets say florida....... work there for over 10 - 15 years...... have they given up their status as a Canadian citizen?
(I know the analogy isn't perfect since we are talking about Kahdr who was a child and the expat is an adult)
 

CDNBear

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Sep 24, 2006
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How about expats that move to.....oh...lets say florida....... work there for over 10 - 15 years...... have they given up their status as a Canadian citizen?
We've been down this road before Gh. My belief is, if you ain't payin' you ain't playin'.

Now, I'm more forgiving to those that move out of country for work, hell I've work all over the globe myself. All while paying taxes here, mind you. But none the less, they are being productive.

Omar, left Canada as a minor, but then chose to move away from his parents and continue his training as a terrorist, abroad.

1, he chose to knowingly engage in illegal activities.
2, him and his family have expressed nothing but contempt for this nation.
3, he engage in illegal activities against a NATO force.
4, he has no legitimate claim to any rights and freedoms afforded Canadian citizenry abroad.

He is however entitled to protection under the UN child soldier provisions. But as you said, who the hell listens to the UN.

Now, given he represents a certain criteria, that has at no time risen in the history of armed conflict. I'm willing to give the US a little leeway in how long it will take to bring him to justice. As I have shown a few times on this board. He is entitled to...nothing really.

Under military law, he was an un uniformed combatant. And as such is has no legal right to anything. It is an uncharted territory on the new battlefield.

In past wars, a field tribunal would have found him guilty of being a spy, high treason and summarily shot him.

I'm all for the latter, we wouldn't be having this argument today if it were still accepted combat practice.
 

Slim Chance

Electoral Member
Nov 26, 2009
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How about expats that move to.....oh...lets say florida....... work there for over 10 - 15 years...... have they given up their status as a Canadian citizen?

Nope.. But that does not absolve them from answering for their actions and facing the law.
 

eh1eh

Blah Blah Blah
Aug 31, 2006
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Under a Lone Palm
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

His flag of convenience has expired?