Khadr willing to be tried in Canada, lawyer says
Last Updated: Tuesday, February 10, 2009 | 7:51 PM ET
The Canadian Press
Canadian Omar Khadr is accused of killing a U.S. soldier with a grenade during a battle in Afghanistan in 2002. (Janet Hamlin/Pool/CBC)Guantanamo Bay detainee Omar Khadr would be willing to face prosecution in Canada and undergo a period of transition under the guidance of an expert team if the United States sent him home, the Canadian Press has learned.
Khadr's lawyers planned to make their case for repatriating the Toronto-born Khadr by presenting a plan for his reintegration on Wednesday, a week before new U.S. President Barack Obama visits Canada.
"Omar has no objection to a trial," his lawyer, Dennis Edney, said in an interview. "We're not running, we're not hiding."
Prime Minister Stephen Harper, who has refused to get involved and has rejected suggestions that Khadr should be considered a child soldier, has already been given the proposed "transition plan," Edney said.
Khadr would be placed with a family
Mindful of those who believe Khadr, 22, is a potentially dangerous terrorist, the plan entails having him live away from his family, with either a respectable Muslim or well-established Anglo-Saxon family who have offered to take him in.
A transition committee, including prominent Toronto psychiatrist and torture expert Donald Payne, would oversee his progress.
Khadr's family, most of whom live in east-end Toronto, were once associates of al-Qaeda leader, Osama bin Laden.
His mother, Maha Elsamnah, said Tuesday she would happily forego having her son live with her and his younger brother if it meant he would get the help he needed integrating back into Canadian society.
"If it's healthy for Omar and if it would give him time to rehab, that's good," Elsamnah said.
"I only need to see him once and hug him a big, big hug for five or 10 minutes, and then maybe he can take his time to recover."
Edney was adamant he would not agree to severe restrictions on Khadr's freedoms.
"I want to bring this boy back and give him a chance. I don't want him hobbled like some [threat to national security]," he said. "He needs to heal."
Canadian laws could apply
While Canadian law does not recognize the war-crimes charges Khadr was facing before the U.S. military commission in Guantanamo Bay, several Criminal Code provisions could apply. They include new anti-terrorism laws as well as older statutes barring Canadians from enlisting in a hostile foreign army, or even high treason.
However, experts agree that prosecuting Khadr would be difficult because much of the evidence against him was obtained under torture or other coercive methods, and he was a juvenile at the time of his alleged offences.
Khadr was badly injured when he was captured after a fierce firefight in Afghanistan in July 2002 when he was 15. He has been at Guantanamo Bay for more than six years charged with war crimes.
The most serious allegation is that he threw a hand grenade that killed U.S. Sgt. Chris Speer following the firefight.
Last month, Obama called a halt to the much-maligned military-commission proceedings and ordered Guantanamo closed by early next year. Ever since, pressure has been mounting on the Harper government to press the U.S. to return Khadr, the only westerner still held at the infamous prison in Cuba.
Edney and co-counsel Nate Whitling said Obama's visit Feb. 19 "offers a clear chance" for Canada to secure the Khadr's repatriation.
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