Grow up PMO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
awww the government did not get its wayTO BAD!!!!!!!!!!!!!
No harm' in asking for Khadr release, judges argue
OTTAWA -- A federal lawyer conceded Tuesday that she cannot "point to any risks" in the federal government seeking Omar Khadr's repatriation to Canada. But she urged a federal appeal panel to reject the prospect, because judges should not be second-guessing the foreign-policy decisions of elected officials.
Justice Department lawyer Doreen Mueller reluctantly made the admission when she was repeatedly quizzed by the bench on why the Conservative government refuses to ask the United States to release Khadr from detention in Guantanamo Bay, Cuba.
"If the government makes the request, is there a negative impact on its security interests?" asked Justice Karen Sharlow. "What is the harm in asking?"
"I can't point to any risks," acknowledged Ms. Mueller, who was in court to argue a Conservative government appeal to an April court ruling ordering the government to seek Mr. Khadr's return from the U.S. military unit, where he has been detained for seven years as a terrorism suspect.
Ms. Mueller told the Federal Court of Appeal that Justice James O'Reilly was out of line when he "interfered with government foreign affairs"by ordering the government to act. Moreover, the order was particularly extreme, given there is only a "remote hypothetical possibility" that the U.S. would agree to Mr. Khadr's release, Ms. Mueller said.
Mr. Khadr's lawyer, Nathan Whitling, told the court many countries have secured the repatriation of their citizens, and even non-citizens, from Guantanamo Bay.
"Canada should do what it can to assist Mr. Khadr," said Mr. Whitling. "The fact that it might not work is not justification for doing nothing."
The appeal court reserved its decision on whether to uphold Mr. O'Reilly's unequivocal decision, which concluded the Harper government violated Mr. Khadr's Charter right to fundamental justice, and Canada's human-rights obligations, by years of indifference toward the young man.
Mr. Khadr, who was born in Toronto, was only 15 when he was captured by U.S. forces in Afghanistan. He is accused of murder as a war crime by throwing a grenade that killed a U.S. army medic in July 2002.
In his decision, Mr. O'Reilly took into account that Mr. Khadr was given no special status as a minor, even though he was barely 16 when he arrived at Guantanamo Bay in October 2002.
Moreover, the Canadian government had "direct involvement"in Mr. Khadr's maltreatment at the military camp by handing over information to U.S. authorities to use against him, all the while knowing the teen had been tortured through sleep deprivation, said Mr. O'Reilly.
Ms. Mueller argued that Canada's duty to protect its children ends at the border, and that Mr. O'Reilly got it wrong by surmising that the country's special justice system for minors applies abroad.
"It is one thing when Canada is prosecuting a child . . . but it is quite another thing to say that Canada has these same obligations when a Canadian child is being prosecuted by another country," she said.
Justice John Evans, however, countered it is "a different situation" if there is a Canadian connection to mistreatment of a Canadian child abroad.
Justice Marc Nadon quizzed Ms. Mueller on why the government's appeal factum glossed over Mr. O'Reilly's "serious finding" that Canada was knowingly involved in Khadr's sleep-deprivation torture.
Ms. Mueller responded that it was a "great leap" for Mr. O'Reilly to conclude that Canada condoned Khadr's mistreatment by knowing he was sleep-deprived before officials questioned him, then passed intelligence on to the Americans.
"It is not possible to say Canada condoned his mistreatment," said Ms. Mueller, asserting that complicity would have required "active direct conduct" by government officials.
The Harper government has maintained Mr. Khadr is charged with a serious crime, and the government should wait to find out if the U.S. intends to drop charges before making any moves.
Mr. Khadr's trial was suspended in January after U.S. President Barack Obama said the military unit would close within a year. Mr. Khadr is the only remaining westerner at the prison.