Blindspot said:
I'm just imagining if Khadr was a white kid brought up by neo-nazis or Klan. I wonder how much sympathy he'd be getting right about now.
It
should must not matter that Mr. Khadr is white or brown or green. He is a Canadian. He is, therefore, entitled to
all the rights available to any other Canadian, including the support of the Government of Canada when he is in trouble abroad. Our rights and freedoms exist, for all of us, only to the degree that we are willing to defend them for the most wretched and despised amongst us. If we deny Mr. Khadr any right then we are saying that we expect that right to be denied to us all – and to our brothers and sisters, too. Neither the government nor thinking Canadians can ‘cherry pick’ rights, nor can we ‘cherry pick’ the people who are entitled to have their rights protected.
With specific regard to Mr. Khadr,
as I understand the situation – any my understanding may well be faulty, he, like any Canadian is entitled, by law, to consular access and the Government of Canada must do its best to ensure that Mr. Khadr is treated ‘properly’ and in accordance with the laws of the country with which he is involved. The Government of Canada is obliged to ensure that he is not treated unfairly – according to the laws of the country concerned – just because he is a Canadian.
In the case of the USA, the law is less than clear to Americans. The US courts are littered with challenges to ‘Gitmo’ and the military tribunals, and, and, and ... the rulings, to date, have been inconsistent which means that
some US judges
appear to have concluded that
some US officials have failed, in
some part, to
“support and defend the Constitution of the United States” as those officials have sworn an oath to do. Thus, the six years in question are understandable – the US law is in flux. Khadr is not being treated differently from any other detainees just because he is a Canadian.
As to the ‘child soldier’ issue: there are no binding agreements regarding what a child soldier is but the
UN says ” 18 [is] the minimum age for direct participation in hostilities, for recruitment into armed groups, and for compulsory recruitment by governments. States may accept volunteers from the age of 16 but must deposit a binding declaration at the time of ratification or accession, setting out their minimum voluntary recruitment age and outlining certain safeguards for such recruitment.” The
US says that it
”ratified the UN Optional Protocol on the Use of Children in Armed Conflict that makes the minimum compulsory recruitment age 18” so it
appears that Khadr ought to be considered a child soldier – probably would be considered a child soldier if he was being held in a US jail, anywhere inside the USA, proper, awaiting trial in front of almost any US court. But, once again, if Mr. Khadr is being mistreated it is not because he is a Canadian – his US lawyers will, eventually, have access to the US Constitution to deal with that issue.
Regarding the tapes: Khadr’s lawyers admit that they are trying to influence public opinion in order to challenge the current policy regarding Khadr’s detention; they want him brought back to Canada
before he can be required to answer any US charges. It is,
I guess about the best legal strategy available to them. They are being actively supported by a huge share of the Canadian
commentariat who, regardless of how they see young Mr. Khadr and his clan, view George W Bush as public enemy number one and Stephen Harper as his evil apprentice.
It is neither the right nor duty of the Government of Canada to challenge US law. It is the duty of the Government of Canada to ensure that all of Mr. Khard’s legal rights are provided and protected.