Ottawa has not yet requested that Omar Khadr, the only Canadian being held at Guantanamo Bay, Cuba, be released to Canadian custody despite a judge's decision last week to drop all charges against him.

But Foreign Affairs Minister Peter MacKay said he has spoken with U.S. Secretary of State Condoleezza Rice about Khadr's health.

"I asked specifically about his well-being and for a medical and psychological assessment to be done," MacKay said. "We're going to continue to provide consular access, as we do in the case of all Canadians."

Rice has been asked to allow Khadr better access to his family, legal counsel and the educational materials he's requested.

MacKay said Ottawa will wait until the appeals process is complete before deciding what its next move will be. The U.S. Defence Department is appealing the judge's decision.

The military judge said he dropped the charges of murder and terrorism because Khadr was officially classified as an "enemy combatant," but the military courts in Guantanamo only have jurisdiction to try "unlawful enemy combatants."

Khadr, 20, is accused of throwing a grenade that killed an American medic, Sgt. First Class Christopher Speer.

Khadr was arrested in July 2002 during a firefight with American troops in Afghanistan that left the teenager badly injured, with two gunshot wounds to the chest.

He was held in Afghanistan for three months, then transferred to Cuba.