Friday, November 13, 2009

The Khadr Files.

... courtesy of the House Subcommittee on International Human Rights, which tabled a report on the case of Omar Khadr, more than a year ago. It included the following recommendations:
Recommends that the Government of Canada demand the immediate termination of Military Commission proceedings against Omar Khadr.
Expresses its objection to the position stated by the United States that it reserves the right to detain Omar Khadr as an "enemy combatant" notwithstanding an acquittal or the possible termination of proceedings.
Recommends that the Government of Canada demand Omar Khadr's release from US custody at Guantanamo Bay to the custody of Canadian law enforcement officials as soon as practical.
Calls on the Director of Public Prosecutions to investigate, and, if warranted, prosecute Omar Khadr for offences under Canadian law.
Recommends that the Government of Canada take such measures as are necessary to ensure that possible security concerns are appropriately and adequately addressed upon the repatriation of Omar Khadr.
Calls on the Government of Canada to take appropriate measures that are consistent with Canada's obligations under Article 7 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and with Canadian law.
In particular, the Subcommittee calls on the relevant Canadian authorities to ensure that an appropriate rehabilitation and reintegration program is developed for Omar Khadr, which takes into account legitimate security concerns. To the extent necessary, such a program could place judicially enforceable conditions on Omar Khadr's conduct. The report -- and the recommendations -- were eventually concurred in by the House, despite the determinedly dissenting opinion put forward by the Conservatives.
The subcommittee report came up more than once during this morning's court hearing; whether or not its conclusions -- which do, for the record, represent the most recent expression of parliamentary will, as distinguished from the will of government -- will weigh on the court during its deliberations is impossible to predict. Still, the next time an MP kvetches about the valuable work of parliamentarians being ignored, they should be kindly, but firmly, reminded that not all committee reports end up mouldering on the shelf.