Toronto Star

Media argue for access to Khadr

Ban on interviewi­ng convict violates charter, lawyer says

- MANISHA KRISHNAN STAFF REPORTER

In barring journalist­s from interviewi­ng Omar Khadr, a federal prison is violating the Charter of Rights and Freedoms, argued a lawyer representi­ng the media at a judicial review Monday.

The warden at Bowden Institutio­n, where Khadr, 28, is currently being held, ignored the public’s right to know, the freedom of the press or Khadr’s freedom of expression when she quashed interview requests made by the Toronto Star, CBC and White Pine Pictures, lawyer John Phillips told a federal court.

“These reasons (for denial) fail. They are utterly insufficie­nt,” said Phillips. “In this entire set of reasons you will not see a single reference to charter rights.”

The hearing was prompted by a challenge filed by the media following two years of failed interview attempts. Correction­s Canada told Star reporter Michelle Shephard that an on-camera interview at Bowden would require unpreceden­ted security precaution­s, including a prison lockdown.

Justice Canada lawyer Sean Gaudet argued the warden’s decision took the charter into account, even if it wasn’t specifical­ly mentioned. He said the court shouldn’t secondgues­s the warden’s judgment. “She is the person who is best situated to determine what is likely to endanger the security of the institutio­n.”

Khadr has been in custody in Canada since 2012, when he was transferre­d from Guantanamo Bay after pleading guilty to war crimes committed in Afghanista­n in 2002; he later said he only made the plea deal to be released from Guantanamo. His current sentence will conclude in 2018 but he is awaiting a parole hearing slated for this summer.

At Monday’s proceeding­s, Phillips said it’s crucial for the Canadian public to hear about Khadr’s experience­s at Guantanamo prior to his release.

“This guy is going to be out and in the public . . . and we have a right to know who he is before that happens.”

The federal government, he added, has “openly and vociferous­ly” condemned Khadr, making it even more pertinent to get the other side of the story. Phillips also pointed to government interferen­ce in blocking media access to Khadr. A Canadian Press request to interview Khadr while he was at Millhaven Institutio­n was granted, only to be denied by the office of then-public safety minister Vic Toews within 90 minutes.

Gaudet argued that incident is “ancient history.”

“There is no evidence of political interferen­ce,” relating to the Bowden decision, he said.

He pointed to an op-ed by Khadr published in the Ottawa Citizen as evidence that Khadr is not incommunic­ado. But Phillips said the media has a right and duty to interview Khadr in person. The media “aren’t simply a recording device that plays back what Mr. Khadr wants to say,” Phillips told the court.

Justice Richard Mosley instructed both parties to read up on a U.K. case in which the BBC successful­ly fought a government ban on an interview with an incarcerat­ed terror suspect.

 ??  ?? Omar Khadr has been in custody in Canada since 2012. He has pleaded guilty to war crimes.
Omar Khadr has been in custody in Canada since 2012. He has pleaded guilty to war crimes.

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