Omar Khadr, shown at a U.S. military hearing in Guantanamo Bay, Cuba, in January 2009. 
Omar Khadr, shown at a U.S. military hearing in Guantanamo Bay, Cuba, in January 2009. (Canadian Press)

Ottawa wants assurances that the United States will not use evidence obtained by Canadian officials in their interviews with accused terrorist Omar Khadr in any future prosecution against him.

The official request was made in a diplomatic note to the U.S. government Tuesday, Justice Minister Rob Nicholson said in a statement.

It refers to interviews that Canadian agents and officials conducted with Khadr in 2003 and 2004 in Guantanamo Bay, knowing he had been repeatedly deprived of sleep, and passed the information on to U.S. officials.

The statement is the federal government's first response to a Jan. 29 Supreme Court of Canada ruling on Khadr's repatriation to Canada.

The top court agreed Canadian officials violated Khadr's human rights in their participation in his U.S. detention and that he continues to be threatened by the effect of those violations.

However, the ruling stopped short of ordering the Conservative government to repatriate Khadr, saying it would not interfere with the government's jurisdiction over foreign relations.

"In its ruling, the Supreme Court recognized the constitutional responsibility of the executive to make decisions on matters of foreign affairs, given the complex and ever-changing circumstances of diplomacy, and the need to take into account Canada's broader interests," Nicholson said.

Khadr, 23, has been imprisoned at Guantanamo Bay, Cuba, since he was arrested in Afghanistan at age 15, accused of throwing a grenade that killed a U.S. soldier. He is scheduled to be tried in July by a U.S. military court on charges of murder, conspiracy and support of terrorism.