Foreign Affairs Minister Lawrence Cannon speaks in the House of Commons on Friday.Foreign Affairs Minister Lawrence Cannon speaks in the House of Commons on Friday. (Patrick Doyle/Canadian Press)

There were mixed messages from the government over whether the Tories will appeal a Federal Court judge's ruling that Canada must press the U.S. for the return of Omar Khadr from Guantanamo Bay.

During question period on Friday, Foreign Affairs Minister Lawrence Cannon told the House of Commons that the government will "probably appeal" Justice James O'Reilly's ruling that Canada must "present a request to the United States for Mr. Khadr's repatriation as soon as practicable."

Contacted later by CBC News, officials in Cannon's office said that the government was going ahead with the appeal.

When CBC News contacted the PMO, a spokesperson said that nothing had changed since Thursday, when Prime Minister Stephen Harper said the government would be reviewing the ruling and considering an appeal.

Khadr is accused of killing a U.S. soldier with a hand grenade during a gunfight in Afghanistan in 2002. Khadr, now 22, was 15 at the time he was detained in Afghanistan.

In Thursday's decision, the judge pointed out that Khadr is the last citizen of any Western country held at the Guantanamo Bay detention centre. Other countries have repatriated their citizens.

The U.S. and Canadian governments are signatories to a United Nations protocol that states fighters under age 18 are to be considered child soldiers and must be released and helped to reintegrate into society.

Like all Guantanamo prosecutions, Khadr's case is on hold pending a review by U.S. President Barack Obama's administration.