Khadr not entitled to passport: lawyer

Not guaranteed under Charter of Rights and Freedoms Documents show that CSIS requested secrecy in case

The Charter of Rights and Freedoms doesn’t entitle any Canadian — including Abdurahman Khadr — to a passport, a government lawyer argued yesterday as the man with family ties to Al Qaeda fought for the right to have the travel document.

What’s more, the absence of a passport doesn’t limit Khadr’s ability to travel because it is up to individual countries to determine if visitors should be allowed entrance, said lawyer Michael Morris.

“ There is no authority suggesting such a right ( to a passport) exists in Canada,” said Morris. “ It doesn’t guarantee you a right to travel and it’s not necessary for it.” Khadr was denied a passport in April 2004 because of national security concerns and a potentially negative public reaction. Government lawyers admitted yesterday that former foreign affairs minister Bill Graham bungled the handling of Khadr’s failed application.

Court documents reveal that the passport office withheld information from Khadr and his lawyer related to the decision because the Canadian Security and Intelligence Service requested secrecy. The Khadrs are all Canadian citizens but have had a strained relationship with Canadian officials since it was revealed that the family’s patriarch, Ahmed Said, was a close associate of Osama Bin Laden. The senior Khadr was killed in a gun battle with U. S.- led coalition forces in Pakistan in October 2003. Khadr has said he grew up in an “ Al Qaeda family,” and participated in a training camp related to the terror group. He was previously detained in Guantanamo Bay as an American agent but later returned to Canada.

Morris and co- counsel Peter Southey recommended that the passport case be sent back to the foreign affairs minister for review rather than being argued on charter grounds. However, Khadr’s lawyer, Clayton Ruby, said any flaws in the record stem from the government’s mismanagement of the proceedings.

“ It seems contradictory for the government to be saying, ‘ You can’t try this case because the record’s inadequate,’ when the very reason the record’s inadequate is because they didn’t follow any of the procedures one would expect and which they now concede make the decision impossible to sustain,” Ruby said outside court. Ruby said denying Khadr the document infringes on his individual rights and “ personal autonomy.”

Meanwhile, Ruby said the government is “miles away from reaching a conclusion” in an ongoing investigation into whether the Khadrs pose a security

threat.

“Some of the members of that family

were terrorists, so I understand the government’s concern,” Ruby

said outside court.

However, he said

there’s no evidence that his client poses a threat.

“ I don’t understand why they’re not giving (Khadr) a passport.” Ruby shot down crown allegations that Khadr could use a passport for illegal purposes and potentially endanger the lives of troops in Afghanistan.

“ There’s not a hint he’s ever misused his passport,” Ruby said.

Justice Michael Phelan reserved judgment for a later date.