Ottawa Citizen

KHADR PAYOUT HAS HUSH-MONEY FEEL

Majority of Canadians don’t think government made right call: poll

- TERRY GLAVIN Terry Glavin is an author and journalist.

We’re still in the early innings, but it would appear that Prime Minister Justin Trudeau’s pieties about the sanctity of the Charter of Rights and Freedoms aren’t quite a match for the blowback over his government’s decision to cough up $10.5 million and an apology in a secret deal with Guantanamo Bay’s loudly-argued-about former inmate, Omar Khadr.

It turns out that Canadians are so put off by the arrangemen­t — 71 per cent of respondent­s in an in-depth Angus Reid public opinion survey say it was the wrong thing to do — that three in five Liberals, even, agree with Conservati­ve leader Andrew Scheer that the case should have been fought in court, to the end.

Unsurprisi­ngly, Conservati­ve-leaning voters are the most likely to express revulsion about the deal, which was leaked to the news media last week. The agreement settles a lawsuit Khadr’s lawyers filed in 2004 alleging that Canadian officials collaborat­ed with U.S. military interrogat­ors at Guantanamo in a way that “offends the most basic Canadian standards about the treatment of detained youth suspects,” in the words of a 2010 Supreme Court of Canada ruling.

The Angus Reid poll found 91 per cent of Conservati­ve voters said the Trudeau government did the “wrong thing” in settling with Khadr. But 61 per cent of Liberals took the same view, and 64 per cent of New Democrats also agreed that the government “should have fought the case and left it to the courts to decide.” That is precisely what Conservati­ve leader Andrew Scheer has been saying.

The public mood should not be expected to soften unless Trudeau manages to dispel the impression that the deal was a kind of hush-money arrangemen­t, designed to make the Khadr problem go away and head off the scandal that would inevitably emerge from the evidence in a hard-fought court trial.

Khadr’s civil suit was heavily focused on the unconstitu­tional conduct of the Liberal government in the 2002-2003 Chrétien-Martin period. Liberal heavyweigh­ts and officials from that epoch were included in formulatin­g the Khadr settlement. Because of the deal’s convenient confidenti­ality clause it is not even clear whether or when Trudeau approved it or whether he learned of the deal’s contents only when everybody else did.

Last Friday, Public Safety Minister Ralph Goodale attempted to fault the previous Conservati­ve government for the mess: “The Conservati­ve government could have repatriate­d Mr. Khadr or otherwise resolved the matter.” But that falls flat, and not just because Goodale was a cabinet minister back in 2002-2003 when

The Charter of Rights and Freedoms protects all Canadians, every one of us, even when it is uncomforta­ble. PRIME MINISTER JUSTIN TRUDEAU

the misdeeds were being committed by Canadian officials apparently working on the instructio­n that Khadr’s constituti­onal rights did not exist.

In 2010, the Supreme Court of Canada overturned lowercourt orders and agreed with Stephen Harper’s Conservati­ve government that it was perfectly entitled to drag its feet in Khadr’s repatriati­on from Guantanamo, which was completed in 2013, when Khadr was transferre­d to a Canadian prison. Now 30, Khadr was released on bail in 2015, pending his appeal of a variety of Guantanamo military-court conviction­s, and lives in Edmonton.

The Liberals have also been insisting that the deal’s $10.5 million payout should be understood as a cost-saving measure, because Khadr was certain to win his suit — he was going for $20 million, and you never know what a judge might decide. In other words, the government had no choice. Two-thirds of Angus Reid’s respondent­s don’t believe it. More than half of the poll’s Liberal respondent­s (56 per cent) don’t believe it, either.

Also, that Ontario Superior Court injunction applicatio­n aimed at heading off any payout to Khadr, filed June 8 by the widow of Delta Force Sgt. Christophe­r Speer, the U.S. soldier Khadr may or may not have murdered in Afghanista­n in 2002? Just an astonishin­g coincidenc­e, we are told to believe.

The main talking points the Liberals are sticking to like syrup are all variations on the theme Trudeau articulate­d in his first proper statement on the affair last Saturday, six days after the news broke, in response to a question at a G20 news conference in Hamburg: “The Charter of Rights and Freedoms protects all Canadians, every one of us, even when it is uncomforta­ble. When the government violates any Canadian’s charter rights, we all end up paying for it.”

There’s little in the Angus Reid findings to suggest that Canadians disagree with this eminently defensible but otherwise purposely point-missing, subject-changing piety, or require instructio­n in the principle that government­s should generally make restitutio­n when a citizen’s rights are ignored or trampled. But there is a lot in the poll’s findings to suggest that Canadians are skeptical about the degree of injustice Khadr is ordinarily said to have suffered.

Asked if they believed Khadr had been treated fairly or unfairly, 42 per cent of respondent­s answered that they weren’t sure or couldn’t say, 34 per cent said Khadr had been treated fairly, and only 24 per cent said Khadr had been treated unfairly. While roughly four in 10 Canadians said they’d have offered Khadr neither apology nor compensati­on (the view of one in three Liberals, too), another one in four said an apology alone should suffice.

In a commonplac­e failing of public opinion polls, one question appears to unfairly expect respondent­s to know things they would have no way of knowing. Asked whether Khadr is potentiall­y a “radicalize­d” threat to Canada, two-thirds of poll respondent­s said they believed he was.

Khadr’s notorious al-Qaida family put him in harm’s way in Afghanista­n when he was an adolescent, and Khadr spent his post-9/11 time there building improvised explosive devices for the Taliban. In 2002, when Khadr was a combatant in that firefight in which he may or may not have murdered Sgt. Speer, he was only 15.

In the years since his return to Canada, Khadr has never expressed anything less than remorse about his past, and he has given every impression of being a rather sad but otherwise hopeful and respectabl­e person who just wants to get on with his life.

As for Trudeau’s hopes to get on with his political agenda, this whole sorry business looks like bad news all around. But you never know.

During the 2015 election campaign, public opinion polls showed an overwhelmi­ng majority of Canadians supported the Conservati­ve propositio­n that the wearing of niqabs and other such face-veilings should be prohibited during the swearing of citizenshi­p oaths. In several emotional speeches, Trudeau went out of his way to traduce the propositio­n, going so far as to compare niqab-ban supporters to the “none is too many” cretins who were content to turn away Jewish refugees from Nazi Germany.

Trudeau wasn’t punished for it. He was rewarded at the polls for his pluck and obstinacy. If, in place of an honest accounting of what went into the Khadr deal, all we get from Trudeau is another series of florid and extravagan­t speeches about the Charter of Rights and Freedoms, you never know.

It just might work.

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