Prime Minister Stephen Harper has ordered government officials to seek clemency for a Montreal man facing execution in Saudi Arabia for killing a teen.

Mohamed Kohail, shown in an undated photo, faces a public beheading in Saudi Arabia for the death of a teenage boy during a schoolyard brawl.
(Canadian Press)

Mohamed Kohail, 23, was sentenced to beheading after he was convicted of killing a student in a schoolyard brawl in 2007.

His case marks the first test of the Conservative government's new policy of not asking for mercy when Canadians are sentenced to death in democratic countries with a strong rule of law.

Traditionally, Canada lobbied foreign governments for clemency but last fall Ottawa changed its position in response to the case of an Albertan on death row in Montana.

An e-mail went out from Harper's office Wednesday morning stating that Canadian officials in Saudi Arabia have been instructed to seek clemency in the case.

Brawl escalated from alleged insult

Foreign Affairs Minister Maxime Bernier also said that his department will do what it can to help the man's family appeal the death sentence.

It's unclear when Canada will make a clemency request for Kohail, who is jailed in the city of Jeddah. The appeal window closes in 30 days.

Bernier said he hopes Saudi officials make a "decision that will be in line" with Canadian values.

Kohail grew up in Saudi Arabia but moved to Montreal with his family as a teenager. The family had temporarily returned to the Middle Eastern country to attend a wedding but planned to return to Quebec where they still own a home.

In January 2007, Kohail allegedly became embroiled in a brawl after his 16-year-old brother, Sultan, called him to the school asking for help. Sultan wanted his brother to defend him after being accused by a schoolmate of insulting a girl.

According to his brother's account, Kohail arrived at the school with a friend to find a group of men waiting for him armed with clubs and knives. A fight erupted and a student died in the clash.

Both Kohail and his brother were arrested and jailed, though there are media reports his younger brother has since been freed.

Policy reversed after U.S. case

Canada abolished the death penalty in 1976 and for years has pressured foreign governments for clemency when its citizens faced execution.

But late last October, Public Safety Minister Stockwell Day indicated a change in policy.

"We will not actively pursue bringing back to Canada murderers who have been tried in a democratic country that supports the rule of law," Day told the House of Commons at the time.

The remarks were in response to the case of Ronald Allen Smith, the only Canadian on death row in the United States. He faces lethal injection for the 1982 murders of two men.

Smith is taking Ottawa to court over the policy reversal, arguing the government acted unconstitutionally by abruptly ending its long-standing tradition of helping citizens sentenced to death abroad.

His lawyers argue that Day's statements show tacit approval of Smith's execution, which they say violates his constitutional rights as a Canadian and his rights under international law.

An application was recently filed asking the Federal Court to force the government to continue seeking clemency for Smith.

With files from the Canadian Press