SERGEANT FIRST CLASS (SFC) CHRISTOPHER JAMES SPEERS IS GONE AND MOURNED BY THOSE WHO LOVED HIM, WHILE OMAR KHADR IS ALIVE AND WELL AND CRYING TO COME BACK TO THE COUNTRY HE REJECTED FOR HIS FAMILY JIHAD….AND SINCE WHEN HAS CANADA WORRIED ABOUT UPSETTING A U.S. PRESIDENT? IF OBAMA IS SO WORRIED ABOUT HIM LET HIM KEEP HIM AT HIS HOUSE….YOU CAN TAKE HIS TERRORIST FAMILY TOO!!!!
Canada has authority to refuse to take Khadr back
<— THIS MAN IS THE VICTIM HERE, NOT KHADR!
Move would likely widen diplomatic rift with U.S.
While they may have the legal ammunition to thwart Omar Khadr’s attempts to serve time in Canada if he reaches a plea bargain in the United States, the Harper Conservatives could further irritate a diplomatic rift between the two countries if they try to foil a U.S.-approved deal in the case.
Canada’s International Transfer of Offenders Act gives the government the discretion to deny U.S.-approved requests to transfer offenders if the Canadian government believes they pose “a threat to the security of Canada.”
The terms of the treaty dictate that offenders cannot apply for transfers to their country of citizenship until after they are convicted and sentenced and that both countries must concur on the repatriation.
“Technically speaking, the government of Canada has to agree to the transfer of somebody who is incarcerated in the United States, it’s as simple as that,” said Bob Rae, Liberal foreign affairs critic.
Postmedia News reported Thursday that Khadr has agreed to plead guilty to all war crimes charges he faces — including murder — and is ready to serve a total of eight years in prison, some of them in Canada.
Prime Minister Stephen Harper and Public Safety Minister Vic Toews refused on Friday to budge from the government’s often-stated position that Khadr faces serious charges and they should be dealt with in the United States.
Speaking in Toronto, Harper said he cannot comment on the “serious charges” facing Khadr but added Canada has “provided consistent consular service to Omar Khadr throughout his time in the United States.”
Rae, however, said it is an “unlikely proposition” that the U.S. government would enter into formal discussions with Khadr’s lawyers without any consultation with the Canadian government.
“It would be difficult to engage in that discussion, if it involves conditions that relate to the position of the government of Canada without involving the government of Canada,” he said.
A source confirmed no Canadian government lawyer was involved in formal negotiations for a plea bargain, which concluded this week.
The talks’ outcome still has not been approved by Khadr.
While Canada’s official role in Khadr returning to Canada would not kick in until after the fact, behind-the-scenes diplomatic talks are likely at play in determining whether the 24-year-old Canadian citizen could eventually serve part of his time in this country, say legal insiders.
Transfer of Offenders treaties permit offenders to serve their foreign-imposed sentence in their country of citizenship.
NDP justice critic Joe Comartin said that the Harper government has rebuffed quiet nudging from the United States for years to repatriate Khadr, but that an official request for a U.S.-approved prisoner transfer would be difficult to ignore.
“It’s pretty unusual if the state that is holding the prisoner says ‘yes, we’ll release them,’ for the other state not to accept them. If you do that on a regular basis, the other state is going to say at some point, ‘if you’re not going to take your people back, then we’re not going to take our people back.'”
The Toronto-born Khadr is accused of lobbing a grenade that killed a U.S. army medic in an Afghanistan battlefield in 2002. He has been detained at Guantanamo Bay for eight years, where he is the only remaining westerner.
The Khadr deal, which has not been made public, comes at a time when the Canadian government is retreating from approving prisoner transfers from the United States.
The government recently introduced a bill that would expand its latitude to deny transfers, which have been dramatically curtailed in the years since the Conservatives came to power in 2006.
The federal crackdown prompted the U.S. State Department last year to send a diplomatic note of protest to the Canadian embassy in Washington, according to documents obtained by Postmedia News.