Khadr Sentenced To 40 Years By Military Tribunal

[Wetcoaster]

Excellent. I hope they are able to put forth the bias argument in a claim with the NPB. I hope litigation isn't stopped there either. A civil suit against Toews on any grounds they can conjure up because of his statements, would certainly put a smile on my face.

And the only terroristic entity Toews was ever in danger from was his big fat foot in his big fat mouth.

[Sharpshooter]

I suppose they can just amend their existing pleadings in the $10 million civil suit already pending against the Government of Canada and add VickiLeaks as a named party.

Remember the SCOC has already ruled that Khadr's Charter rights have been been breached egregiously - and the government should bear in mind the court's virtually untrammelled discretion to fashion a remedy. There are no limits on the damages that could be awarded and those damages could be awarded against people in their personal capacity.

24.(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

What would be "appropriate and just in the circumstances" for allowing a minor to be tortured and abused for years while the government not only stood by mute but actively participated and then continued the pattern of abuse once he was convicted.

Hey Vic how do you feel about assigning your MPs pension over to Omar???

[Wetcoaster]

An opinion piece from Maher Arar in today's Toronto Sun on Omar Khadr and what should happen to him.

For those who do not recall Arar's case he was awarded $10.5 million in compensation for the Canadian government's role in his "rendition" by the US and torture in Syria following Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar chaired by Justice Dennis O'Connor.

Maher Arar is a Syrian-Canadian electrical engineer. In September 2002, he was detained by U.S. officials on suspicion of terrorist ties and deported to Syria, where he was imprisoned and tortured. He was returned to Canada in October 2003. Three years later, a Commission of Inquiry cleared him of all terrorism allegations.

Like Khadr after his return to Canada Arar was further victimized and it took the judicial inquiry to clear his name. As Justice O'Connor found in his report the damages were exacerbated by these subsequent actions:

Among other things, after his return, he was subjected to several very improper and unfair leaks of information that damaged his reputation, caused him enormous personal suffering and may have contributed to the difficulties this well-educated Canadian man has experienced in finding employment in his chosen field of computer engineering.

Interestingly there is a direct connection between Arar and Omar Khadr and it shows why coerced testimony is not considered reliable.

At a military commission hearing in Guantanamo Bay, Cuba, FBI Special Agent Robert Fuller said a then teenaged Khadr identified Maher Arar as someone he saw at al-Qaeda safe houses and possibly training camps in Afghanistan. Fuller initially said that Khadr immediately identified Arar from black-and-white photos showed him during two weeks of interrogations. On cross-examination, however, Fuller admitted it took Khadr several minutes to identify the man in a photograph. However the evidence was clear as disclosed during the judicial Commission of Inquiry that at the time that Khadr claims he met Arar, Arar was in Canada.

In his view is Khadr should be given the opportunity to be re-integrated into Canadian society.

Omar Khadr is now Canada’s problem, let’s make the right choice: Maher Arar

Omar Khadr, a name every Canadian is familiar with, means different things to different people, depending of course on whom you talk to. To those who have vigorously been opposing his reparation, Omar Khadr is a convicted terrorist who killed an American soldier in Afghanistan. He is also the son of a known Al Qaeda supporter, not to mention the fact that his mother and sister openly criticized Canada, its culture and questioned its values.

To his supporters, Omar Khadr fits the typical profile of a child soldier, a point of view also shared by Senator Romeo Dallaire, the former Canadian army general who proudly served Canada in conflict zones including Africa where he regularly came into contact with African child soldiers. To them Omar Khadr is also the perfect example of the “collateral damage” of the “war on terror.” His supporters have all along cited credible reports which clearly established that he was subjected to torture and various levels of mistreatment, including the sleep deprivation program that he was subjected to before CSIS officers interrogated him in Guantanamo.

Whichever point of view you adopt there are key points that need to be emphasized which I find were lost in the midst of the many emotional debates that have been taking place since his return to Canada.

First and foremost, Omar Khadr is a Canadian citizen, and as such he has the full right to return to his country of birth. He also has the full right to rehabilitation, a basic right that our justice system has afforded to offenders. As far as I know, there is nothing in Canadian law that would allow us to deny him these basic rights and this is regardless of his guilt or innocence. Unless Parliament decides otherwise we just can’t pick and choose which Canadian citizens are allowed to be repatriated (rehabilitated) or not.

Second, his presence in Afghanistan at the time of his capture should of course be legitimately questioned but we should not also forget that he was under 10 years old when his family decided to move there. Even his presence at the compound, where he was captured, was forced upon him as he was only 15 years old at that time. If we wanted to be impartial in our analysis we should have also questioned how it was that the U.S. army invaded Afghanistan without any mandate from the UN (i.e. the invasion was illegal). The bottom line is that Omar Khadr was not captured in Manhattan trying to commit a terrorist act.

Third, Omar Khadr, to the dislike of many, is back and he is now entirely Canada’s problem. What to do, or not to do, with him depends on what we expect him to be once he leaves prison. Keeping Khadr locked up in extremely strict prison conditions will not solve the problem regardless what you believe he is or is not. Arlette Zinck, an English professor at King’s University College in Edmonton, has devised a special educational program to help his rehabilitation. He has reportedly shown progress and we are told he’s been very keen to continue on that path.

In my opinion that would be the best outcome: a Canadian citizen who can reintegrate into society, go to school, and eventually become an active and, hopefully, a contributing Canadian citizen. This outcome is far from guaranteed but the same can be said of any offender who is going through a rehabilitation process.

To make sure rehabilitation is working it has to be monitored by experts in the field. Above all, I believe he should have a life mentor that he can trust. Omar said during his psychological assessment “I miss being trusted.” I can attest to this from my personal experience. I was in the same exact fragile state when I came back from Syria. I had lost so much confidence in myself, and above all I missed being trusted. In Omar’s case that feeling is compounded by the fact that he was not abused just once, but repeatedly: by his family, by the U.S. government, and through their indifference, by his own government.

We have two choices. We either continue to demonize him for actions he took when he was a teenager or we lend him a hand. The choice we make will certainly tell the rest of the world who we are as a nation, and above all who we are as people. Let’s together make the right choice.

http://www.thestar.c...s-being-trusted

[Sharpshooter]

Thanks for Op-Ed. It really highlights how a person can be further abused by its own country. Not that Canada has ever been immune to not further victimizing people who were victims of adults/authorities as children.

I fully agree that Omar should be rehabilitated under a system of rehabilitation. Though our systems of justice and corrections has been slowly altered away from one that was once more balanced between a restorative model and a retributive one. It seems this gov't has decided to drag justice into a demonizing one in this case.

That is if Canada and Canadians remember what separates us from the shoot first, aim later models of injustice found around the world.

[Wetcoaster]

Thanks for Op-Ed. It really highlights how a person can be further abused by its own country. Not that Canada has ever been immune to not further victimizing people who were victims of adults/authorities as children.

I fully agree that Omar should be rehabilitated under a system of rehabilitation. Though our systems of justice and corrections has been slowly altered away from one that was once more balanced between a restorative model and a retributive one. It seems this gov't has decided to drag justice into a demonizing one in this case.

That is if Canada and Canadians remember what separates us from the shoot first, aim later models of injustice found around the world.

[Buddhas Hand]

Thanks for Op-Ed. It really highlights how a person can be further abused by its own country. Not that Canada has ever been immune to not further victimizing people who were victims of adults/authorities as children.

I fully agree that Omar should be rehabilitated under a system of rehabilitation. Though our systems of justice and corrections has been slowly altered away from one that was once more balanced between a restorative model and a retributive one. It seems this gov't has decided to drag justice into a demonizing one in this case.

That is if Canada and Canadians remember what separates us from the shoot first, aim later models of injustice found around the world.

[Wetcoaster]

I believe canada is one of the more enlightened countries on this planet sharp , but there will always be injustice in the world and it is up to people like us to speak out , write to our member of parliament , one person can make a difference .

[Buddhas Hand]

Speaking from years of experience I would have to take issue with that sentiment.

[Wetcoaster]

there have been many instances where the actions of one person are the catalyst for change .

and i have many years of experience under my belt mate

if i had the time i would tell you in detail how my beautiful girl took her own laywer to the victorian lawyers tribunal {self regulating } , beat him at his own game , made him pay , and if he screws up again he will be disbarred . she is the only person to ever do this without legal representation in the history of the victorian laywers tribunal .

[Sharpshooter]

I believe canada is one of the more enlightened countries on this planet sharp , but there will always be injustice in the world and it is up to people like us to speak out , write to our member of parliament , one person can make a difference .

[Wetcoaster]

@ Wetcoaster. Speaking of Canadian institutions, what are your impressions or thoughts of the appointment of Wagner to the SCC?

[Buddhas Hand]

I am unfamiliar with this "victorian lawyers tribunal". In which jurisdiction does it operate?

We were speaking about changing government policies. One off court cases, tribunal hearings and the like are something quite separate and apart.

[Buddhas Hand]

We're only as enlightened as the policies and the performance of our key institutions. Parliamentary, Justice, and the Court systems to name a few have a great impact on our actual and perceived civility and enlightenment.

What's occurred with and to citizens like Khadr and Arar, show the erosion of some of those systems and the hope that another will right the wrongs of the other(s).

@ Wetcoaster. Speaking of Canadian institutions, what are your impressions or thoughts of the appointment of Wagner to the SCC?

[Wetcoaster]

MacLean's Magazine looking at the three potential legal routes to be taken by Omar Khadr now he is back in Canada -

• parole

• setting aside the plea agreement and conviction to be released immediately

• the civil law suit against the Canadian government.

Khadr pleaded guilty in October 2010 and was sentenced to another eight years. Now in Canada, he will be eligible for parole in May 2013, after serving just one-third of that term. But his freedom is not guaranteed. The

Parole Board of Canada

’s primary concern is always the protection of society, not the wishes of an offender, and every application triggers a detailed risk assessment. Even if Khadr is released, board members can set strict conditions on where he can go and who he can associate with—including keeping him away from “people involved in criminal activity.”

Would that include his notorious family? Again, only time will tell. Some of his siblings have faced criminal charges (terrorism or otherwise) and Vic Toews, Canada’s public safety minister, certainly made his feelings clear. In the document he signed approving Khadr’s transfer, he expressed “concern” that Khadr continues to “idealize” his dead father, a senior al-Qaeda associate, and that his mom and sister “have openly applauded his crimes and terrorist activities.” But what Toews wants no longer matters. The parole board is an independent tribunal, and if Khadr is allowed to see his family, the Harper government can do nothing about it.

Khadr’s lawyers could also pursue another option long before their client becomes eligible for parole: ahabeas corpus application. Simply put, they could ask a judge—at any point—to consider whether Khadr’s ongoing imprisonment is unlawful because his confession and subsequent guilty plea were supposedly the fruits of American torture. If successful, Khadr could walk free immediately, no strings attached. (His lawyers will not say if they are considering such an application.)

One thing is certain, though: Khadr’s $10-million lawsuit against the federal government, filed years ago, appears destined for a hefty out-of-court settlement. The Supreme Court has already ruled (twice, in fact) that Ottawa violated his Charter rights—not because he was stuck in a faraway cage that was beyond the rule of law, but because the feds dispatched officials to that cage to grill him for information. At this point, after repeated rebukes from the country’s highest court, what defence could the feds possibly present?

http://www2.macleans...to-the-unknown/

[Gurn]

"what defence could the feds possibly present?"

WE were only following orders?

Ohh wait that doesn't work very well at all.

Well I guess the govt is screwed.But watch for them to delay this crap till Omar is dead by changing the applicable laws, usually by moving a comma for here to there and saying to the court "New law,rule on it" then "ohh it is still illegal what was done ? Here try this law" with yet another comma placement change.

[taxi]

Khadr won't do anything. He's on film building and placing IEDs. Even if he manages to convince a judge to squash his conviction and retry him, he'd still be open to a massive civil suit from the families of Canadian soldiers who were injured or killed in the area where he was placing those weapons. Even as a 15 year old, he'd still be open to criminal charges.

[Sharpshooter]

Khadr won't do anything. He's on film building and placing IEDs. Even if he manages to convince a judge to squash his conviction and retry him, he'd still be open to a massive civil suit from the families of Canadian soldiers who were injured or killed in the area where he was placing those weapons. Even as a 15 year old, he'd still be open to criminal charges.

[Sharpshooter]

MacLean's Magazine looking at the three potential legal routes to be taken by Omar Khadr now he is back in Canada -

• parole

• setting aside the plea agreement and conviction to be released immediately

• the civil law suit against the Canadian government.

Khadr pleaded guilty in October 2010 and was sentenced to another eight years. Now in Canada, he will be eligible for parole in May 2013, after serving just one-third of that term. But his freedom is not guaranteed. The

Parole Board of Canada

’s primary concern is always the protection of society, not the wishes of an offender, and every application triggers a detailed risk assessment. Even if Khadr is released, board members can set strict conditions on where he can go and who he can associate with—including keeping him away from “people involved in criminal activity.”

Would that include his notorious family? Again, only time will tell. Some of his siblings have faced criminal charges (terrorism or otherwise) and Vic Toews, Canada’s public safety minister, certainly made his feelings clear. In the document he signed approving Khadr’s transfer, he expressed “concern” that Khadr continues to “idealize” his dead father, a senior al-Qaeda associate, and that his mom and sister “have openly applauded his crimes and terrorist activities.” But what Toews wants no longer matters. The parole board is an independent tribunal, and if Khadr is allowed to see his family, the Harper government can do nothing about it.

Khadr’s lawyers could also pursue another option long before their client becomes eligible for parole: ahabeas corpus application. Simply put, they could ask a judge—at any point—to consider whether Khadr’s ongoing imprisonment is unlawful because his confession and subsequent guilty plea were supposedly the fruits of American torture. If successful, Khadr could walk free immediately, no strings attached. (His lawyers will not say if they are considering such an application.)

One thing is certain, though: Khadr’s $10-million lawsuit against the federal government, filed years ago, appears destined for a hefty out-of-court settlement. The Supreme Court has already ruled (twice, in fact) that Ottawa violated his Charter rights—not because he was stuck in a faraway cage that was beyond the rule of law, but because the feds dispatched officials to that cage to grill him for information. At this point, after repeated rebukes from the country’s highest court, what defence could the feds possibly present?

http://www2.macleans...to-the-unknown/

[taxi]

Khadr's lawyers won't leave this as is. I'm almost certain of it. The abuse and torture of a minor while our gov't was complicit, isn't something that Canadian lawyers will turn a blind eye to, and I doubt Khadr will either.

And the gov't would have to prove that what Khadr did at the behest of his father as a minor led directly to the death of Canadian soldiers in a criminal court setting, where the burden of proof is higher than in a military tribunal, aka, kangaroo court.

Once the whole story is sorted out and the American version is dismantled as the coercive and tortured gleaned testimony that it was, there won't be a court in Canada that convicts him. I hope not only does the Supreme Court of Canada re-open this case but also the case that the Khadr lawyers bring against the gov't. It's a black mark that needs judicial cleansing and sunlight is one of the better disinfectants that I know of.

[Wetcoaster]

I hope they go the route of a habeus corpus application. It might take a while to put all the pieces the lawyers need together, but I figure they've been building this case for years, no?