The Daily Courier

Albas’s government did nothing to stop the torture of a minor

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Editor: Re: the Dan Albas MP report on Monday, headlined Khadr payment sparks outrage.

Omar Khadr was sent to Guantanamo Bay in 2002 and did not go to trial until 2010.

In both 2004 and 2006 the U.S. Supreme Court ruled that the military commission establishe­d to prosecute the Guantanamo Bay detainees violated U.S. law and the Geneva Convention­s.

In 2008, the Canadian Supreme Court ruled the regime providing for the detention and trial of Khadr at the time when CSIS interviewe­d him in 2003-04 constitute­d a clear violation of fundamenta­l human rights protected by internatio­nal law.

As a result of that decision, Khadr’s lawyers applied to the federal court for the Canadian Conservati­ve government to request his repatriati­on.

They won that case, but the government appealed to the Supreme Court.

In the 2010 unanimous decision, the Supreme Court found that Canadian officials could be held liable for breaching Khadr’s Charter rights by interrogat­ing him in the face of an illegal detention.

The CSIS and Department of Foreign Affairs interviews breached Khadr’s section 7 rights.

Canada was complicit in Khadr’s deprivatio­n of liberty and security of the person, the court ruled, declaring that Khadr’s rights have been violated, but allowing the government to decide how to remedy that breach.

The Khadr lawsuit started over a decade ago. The main claim in the $20-million civil suit is that Canadian officials violated his rights when they interrogat­ed him, knowing he was a minor, without legal representa­tion and had been subjected to torture.

The case had nothing to do with the firefight in 2002.

Notwithsta­nding that the Supreme Courts in both the U.S. and Canada declaring rights had been violated, Albas’s Conservati­ve government continuall­y fought against a Canadian.

At the July press announceme­nt, Public Safety Minister Ralph Goodale stated that the government had already spent over $5 million on court costs. They also did not expect to win the civil suit.

I am ashamed of the way the Conservati­ve government treated a Canadian minor.

David Perron, West Kelowna

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