Omar Khadr Transfer: Ottawa Receives Application Seeking Transfer From Guantanamo To Canada

CP  |  By Posted: 04/18/2012 10:18 am Updated: 04/20/2012 10:58 am

TORONTO - Convicted Canadian war criminal Omar Khadr, who became a poster child for the excesses of the war on terror, is a significant step closer to leaving Guantanamo Bay with a formal request for his transfer to Canada now in Ottawa's hands.

But diplomatic wrangling persisted, with one source suggesting the Americans were "desperate" to send Khadr home, and that a reluctant Canadian government was essentially being strong-armed into taking him.

According to the source, the Americans are "bending over backwards" to ensure Khadr's exit from Guantanamo Bay and would have to "bend their way around a number of their own rules" to make that happen.

"The U.S. needs to get rid of this guy for their own reasons," said one source familiar with the file.

"The United States basically asked Canada for a diplomatic favour and Canada previously agreed to look at a request of this nature favourably."

A spokeswoman for Public Safety Minister Vic Toews confirmed on Wednesday that the federal government was considering the request to take him off U.S. hands, which sparked an outpouring of mostly anti-Khadr reaction among Canadians.

"The government of Canada has just received a completed application for the transfer of prisoner Omar Ahmed Khadr," spokeswoman Julie Carmichael said.

"A decision will be made on this file in accordance with Canadian law."

The Pentagon would not confirm that Secretary of Defence Leon Panetta had signed off on the formal transfer request, which also requires the president to give Congress 30 days notice.

Mark Toner, spokesman for the U.S. State Department, acknowledged Wednesday that Washington wanted to empty Guantanamo's cells and that the government had approved Khadr's transfer.

He offered no timeline or details.

"We're working quickly and deliberately to close this process out," Toner said.

Khadr, 25, was eligible to return to Canada from Guantanamo Bay last October under terms of a deal reached a year earlier in which he pleaded guilty to five war crimes committed in Afghanistan as a 15-year-old.

In exchange for his guilty pleas, he received an eight-year sentence from a much-maligned military commission — but only one year had to be served at the U.S. naval base in Cuba, where he has been incarcerated since the fall of 2002.

Prime Minister Stephen Harper's government has been reluctant to accept Khadr, whom it deems a dangerous terrorist convicted under American rules, and diplomatic arm-twisting over his transfer has continued.

American sources have said the delay has complicated commission proceedings against other inmates because it has made them reluctant to strike their own plea deals for fear they would remain imprisoned anyway.

At the same time, Toews appears to have little choice but to sign off on Khadr's return, which would happen at U.S. expense.

Should Khadr remain in Guantanamo for his full sentence, he would be able to return to Canada and walk the streets without any restrictions.

As it now stands, Khadr would be eligible for parole under Canadian rules when he does get back, which sources have told The Canadian Press would likely happen by the end of next month.

Word of latest development sparked a torrent of mostly anti-Khadr comments on Canadian media websites.

One poster described him as "terrorist trash" and another said: "Put him in the deepest, darkest, remotest hole for life."

Only a relative few offered any sympathy, accusing his critics of bigotry, and noting Khadr was just 15 when he committed his crimes.

Khadr's Canadian defence lawyer John Norris said Wednesday he was "pleased" with the steps taken.

"We look forward to a prompt decision from the minister," Norris said. "We trust that he will be dealing with it expeditiously."

Norris said he had no information on where Khadr would be placed on his return.

Jack Harris, the Opposition New Democrats' justice critic, said it was "high time" the Conservative government accepted Khadr.

"The Supreme Court of Canada has already indicated that Mr. Khadr's constitutional rights had been violated by the Harper government," Harris said from Ottawa.

"They should stop dragging their heels on this and deal quickly with the request."

Khadr was badly wounded after a four-hour firefight when he was captured in the rubble of a compound in Afghanistan in July 2002.

He pleaded guilty to murder in violation of the rules of war for throwing a grenade that killed an American special forces soldier and blinded another.

Khadr's father, Ahmed Said Khadr, was a close associate of the late terrorist leader Osama bin Laden and was accused by the Americans of being an al-Qaida financier.

The Khadr family, who live in Toronto, maintains the elder Khadr spearheaded a Muslim charity before he was killed by Pakistani forces in 2003.

The family refused to comment on the latest development, but have earlier said Omar was extremely anxious to see his mother again.

Earlier on HuffPost:

FOLLOW CANADA POLITICS

TORONTO - Convicted Canadian war criminal Omar Khadr, who became a poster child for the excesses of the war on terror, is a significant step closer to leaving Guantanamo Bay with a formal request for ...
TORONTO - Convicted Canadian war criminal Omar Khadr, who became a poster child for the excesses of the war on terror, is a significant step closer to leaving Guantanamo Bay with a formal request for ...
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This user has chosen to opt out of the Badges program
06:33 PM on 04/22/2012
"The Supreme Court of Canada has already indicated that Mr. Khadr's constitutional rights had been violated by the Harper government, Harris said from Ottawa."

They said his rights were primarily violated by the US, but Canada had contributed. They said this twice, in 2008 and 2010. They referred, in part, to a US Supreme Court decision that struck down the whole system in which his case was concocted.

This case is unfair to Canadians because the US should have sent him back here when he was 15 for Canadian authorities to deal with. They even refused requests Canada made regarding his treatment and consular access. They spent 10 years wrongfully branding him as a terrorist, murderer and war criminal. Even if he did what they said he did, no other country would have called it that, or charged him, certainly no democratic country.

The US wouldn't have offered him a plea bargain if they didn't know the case was bad and might not survive an appeal in the regular courts, or if they thought he was dangerous. It was the best way out for them, politically and legally. And it was the only way out for him. There is no risk to Canadians if the Harper Government handles the case properly.
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11:46 AM on 04/22/2012
The Canadian government is a push toy for the USA . Canada is becoming a safe house for these terrorist and bad people of this world. Who are bend on disrupting the lifes of normal people. " Yes Sir Mr President we will take this killer back to Canada " Harper to Obama . Since when this this killer become a Canadian citizen? Welcome to Canada the 51 state of the USA .. In GOD we Trust..what a joke
10:53 PM on 04/19/2012
Isn't Omar supposed to be sitting in for Strombo while he is on summer break?
11:53 AM on 04/19/2012
"The U.S. needs to get rid of this guy for their own reasons," said one source familiar with the file.- Just shot him dead!
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09:12 AM on 04/19/2012
Keep him in USA, jail.
12:42 AM on 04/19/2012
Now here is a chance for all the good Christians to demonstrate the lessons that Jesus taught and welcome this young man into the arms of forgiveness. They can do no less or else their religiosity is but a pampered dream.

Schooled in the theme of war, imprisoned since 15, Khadr will need help and guidance to understand how he has been used by men more intent on their ideology than on their humanity. Before he threw that grenade, a bigger one was tossed by more notable men.
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11:50 AM on 04/22/2012
what are you talking about..Christian Faith ? no ming bi
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Thalin Lea
11:09 PM on 04/18/2012
I'm choked to see how for this kind of individuals the procedures are so smooth to bring them back to our soil, but for those fellow Canadians being held in a third world country for no reason our government keep playing the disengaged card
08:53 PM on 04/19/2012
News Flash...the United States wants Canada to take him...thats why its sooooo smooth
09:28 PM on 04/18/2012
Fight against your country and you should have no rights of respectable citizens. Send him back to Afghanistan where he belongs! Strange how these people always claim their "rights" as Canadian citizens once they get in a "situation".
08:00 PM on 04/18/2012
Omar Khadr was a child when he was arrested. There is plenty of evidence that he did not throw a grenade. He accepted a plea deal which, given a military trial, was probably his best chance at freedom.

Omar Khadr should not be tried for the crimes of his father or his family. He went to Guantanamao Bay as a poorly educated 15 year old. All the guards there said he was polite, a "good kid".

The U.S. wants him gone, so it is inevitable he will be repatriated. I do hope he is able, eventually, to have some sort of life.
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12:49 PM on 04/19/2012
Male CHILD, tends to behave like their DADDY, when they grow up!
That is a proven fact, check it out.
04:01 PM on 04/19/2012
As far as I know, we do not prosecute or make decisions on a person's fate based on some vague theory of contingent future behaviours.
08:56 PM on 04/19/2012
I can see you are a compassionate person....its just too bad that Canadian taxpayers are left holding the bag with these past bad immigration decisions.
07:51 PM on 04/18/2012
Drop him off where he was captured!
08:57 PM on 04/19/2012
After taking away his passport
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TonyOnly
Truth matters.
07:48 PM on 04/18/2012
Khadr has about 6yrs remaining on his current 8yr sentence. That means he would be eligible for parole almost immediately upon returning to Canada, if the Harper government accepts his request. Of course the American military knows that. But they created the possibility anyway.

If the Canadian government chooses to ignore the transfer of prisoners treaty it has signed with the American government, there'll be no way to stop Khadr from returning to Canada, the country of his birth, once the Americans release him. In fact, the US will likely deport him to Canada.

But then, once he's back here, he'll be a free man, not on parole, under no supervision, and be legally able to say he has no criminal record in Canada. He won't even come up in police data bases if he happens to get carded.

Seems to me, even the totalitarian HarperCons have reason to accept Khadr's request.
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turkeylurky
Just keepin it real........
05:42 PM on 04/18/2012
Wonderful. Like we don't have enough garbage here already.
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07:23 PM on 04/18/2012
It's nice to see that you can speak for yourself
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Another Pesky Canadian
Talk - action = 0
10:14 PM on 04/18/2012
Thank you for this.
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turkeylurky
Just keepin it real........
08:28 AM on 04/19/2012
Every opinion poll would confirm that I'm speaking for MOST Canadians.
05:33 PM on 04/18/2012
This is directed to another pesky Canadian. Be thankful for the Harper government, had we been saddled with the libs or the ndp over the last years, we would never have survived this recession as well as we have. The Canadian economy is doing pretty damm good compared to the USA and most of Europe. Now, as far as dealing with kadr, let's equip him with a monitoring device, and use whatever power we have to prevent him from obtaining any of the social benefits that the rest of us are entitled to. Perhaps he can lodge with Justin or thomas,and they can pay his way.
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cinderelladressmaker
06:08 PM on 04/18/2012
Wrong...... Thanks to Paul Martin as Finance Minister! Paul Martin at that time put in to place the rules for banks and lenders that protected our economy from going the way of the U.S.A.! Do your homework. I think any arrogant Reform/Conservative would even admit to that! You can't refute history!
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sfurr
11:57 AM on 04/20/2012
Let's not forget to add that those brilliant economists Harper and Flaherty did not think Canada needed any stimulus spending.

The recession was still tough here and without stimulus that the Liberals and NDP demanded the Conservatives incorporate into their budget our experience would have been more like that of the U.S.. Goes to show you what happens when an economist with no real-world experience thinks he knows how to run the country with a guy who secretively ran the finances of the countries biggest province into the ground.

That leprechaun doesn't have any pot of gold.
06:57 PM on 04/18/2012
You could always have clicked "reply" on his comment. Perhaps you sought to give your bite-sized economic canard its own shiny space?

I will be thankful there was a responsible Liberal government in place to create the meaningful financial regulation that actually gave the economy the robustness that enabled its survival.
01:42 PM on 04/18/2012
Oh, so NOW they're worried about bending a few rules?