RSS FeedFollow-up: Reply Letter from Foreign Affairs Minister regarding Omar Khadr
On July 15, I posted a letter that I had written to Prime Minister Stephen Harper regarding Omar Khadr’s continued detention at Guantanamo Bay, Cuba.
The letter was signed by myself and 10 other law students.
On September 16, 2008, I received a reply letter from the Prime Minister’s Office indicating that the letter would be passed along to the Minister of Foreign Affairs who would “certainly be interested in [our] views” regarding Omar Khadr.
I looked upon that letter as a Prime Ministerial brush off. I thought it would be the end of the matter.
To the government’s credit, I today received a follow-up letter from The Honorable David Emerson, Minister of Foreign Affairs.
The entire text of the letter is reproduced below:
September 24, 2008.
Dear Mr. Gridin and Co-signatories:
The office of the Right Honourable Stephen Harper, Prime Minister, has forwarded to me on September 16, 2008, a copy of your letter (Folder: 664583) concerning the case of Mr. Omar Khadr, Canadian citizen detained at the U.S. military prison at Guantanamo Bay, Cuba.
I understand your concerns and I can assure you that the Government of Canada has an interest in Mr. Khadr’s case and in his treatment. Canadian observers have been present at his hearings before the Military Commission in Guantanamo Bay and the Court of Military Commission Review in Washington D.C. Furthermore, officials of Foreign Affairs and International Trade Canada have carried out several visits with Mr. Khadr and will continue to do so. The visits allow access to Mr. Khadr to assess his welfare and treatment, and to obtain information about his mental and physical condition.
Although Mr. Khadr is no longer a juvenile, he was 15 years old when he was alleged to have committed crimes in Afhanistan. Canada has sought to ensure that the treatment of Mr. Khadr is consistent with internationally recognized norms and standards for the treatment of juvenile offenders, and that his age at the time the alleged events occurred is considered in all parts of the process. Canada has also consistently sought to ensure that Mr. Khadr receives the benefits of due process, including access to Canadian counsel of his choice. The Canadian government has received unequivocal assurances from U.S. authorities that Mr. Khadr will not be subject to the death penalty, and indeed the charges against him were referred to the Military Commission on a non-capital basis.
In keeping with Canada’s long-standing policy, the Canadian government strongly believes that the fight against terrorism must be carried out in compliance with international law, including established standards of human rights and due process.
With respect to Mr. Khard’s repatriation to Canada, it is premature to discuss this issue since his case is still before the courts.
Thank you for taking the time to write and share your concerns.
Sincerely,
[sgd]
The Honourable David L. Emerson, P.C., M.P.
While I do appreciate the reply from Mr. Emerson, I do not accept that the government is doing enough.
Omar Khadr has been in detention for 6 years. The “several visits” during this period to check up on his well being are virtually meaningless. He has been the victim of serious psychological and possibly physical abuse at the hands of his captors.
The extreme isolation of growing up inside a military prison is unimaginable. Omar Khadr’s development from a child to an adult has been stifled, and at this point, it is unlikely that he will ever be a normal, adjusted individual.
The assurances of due process are also hollow. Omar Khadr is being tried by a kangaroo court, in proceedings that have been the subject of problems and numerous complaints. Most recently, a military prosecutor at the Guantanamo Bay tribunals resigned over “ethical qualms.”
Lt. Col. Darrel Vandeveld quit, allegedly after the government withheld exculpatory evidence from the defence.
The U.S. government denies this allegation. But internal documents obtained by the Associated Press indicate that Col Vandeveld declared to the tribunal that that “potentially exculpatory evidence has not been provided.”
He is the fourth prosecutor to quit.
In the Khadr case specifically, there have been claims that the government “manufactured evidence” against the accused.
The culture of secrecy and political implications of this case are reasons why ultimately, the military tribunal is not the appropriate forum to hear Omar Khadr’s case. Mr. Khadr needs to be repatriated to Canada immediately to face trial at home. This should be a trial subject to Canadian legal protocols and consistent with the values that we hold dear, including those enshrined in the Charter of Rights and Freedoms.
Law students across the country are organizing to put further pressure on the government on this issue. Stay tuned for more.
Top Law Firm Hires Hillier
The former Chief of Defence Staff General Rick Hillier has been snatched up by one of the premiere law firms in Canada, Gowling Lafleur Henderson.
Julius Melnitzer of the National Post comments,
Gowling Lafleur Henderson has announced that the firm will be former Chief of Defence Staff General Rick Hillier’s “temporary home base.” The press release says that Hiller “will be stationed in the firm’s Ottawa office where he will be provided with a range of support and business services while he considers his future career in the private sector.”
Now, we know that the celebrity mentality has come to Canada’s law firms. We also know that the law firm model is evolving rapidly. But just what is a “temporary home base?” Sounds like a free office and assistant, but does that need a press release?
Wonder if the next thing will have our troops bearing law firm insignia on their uniforms?
Jane Taber of the Globe explains why high-profile individuals are hired for marketing purposes,
There is a trend developing among law firms to hire well-connected non-lawyers; former Newfoundland premier and former federal cabinet minister Brian Tobin became a senior business adviser to another big firm, Fraser Milner Casgrain LLP, and last January, former Alberta premier Ralph Klein joined Borden Ladner Gervais LLP.
But neither Hillier nor Gowlings seem to know exactly what he will do in his new position at the firm.
Scott Jolliffe, chairman and CEO of Gowlings explains the move as securing a Canadian icon,
who people immediately respect.
Really? Even these Canadian lawyers?
The public half expects industry to snatch up politicians for their connections in the world. But military figures is something new, and might be perceived with some unease. Especially in light of what is arguably Canada’s most controversial international armed conflict in its entire history.
The York Ad Hoc Committee Against the War stated,
The Canadian war in Afghanistan has been barely discussed in Parliament, with only the briefest debate in May 2006 on a motion extending the Canadian mission. A much deeper process of discussion, education, and mobilization needs to ensue across Canada.
Osgoode Prof. Michael Mandel heads Lawyers Against the War (LAW) and has issued a strong condemnation, saying the war is both illegal by international law and won’t accomplish its goals,
Legality matters. When governments start to ignore the rules against violence, we are in deep trouble. That’s what happened in the nineteen-twenties and thirties. They were followed by the forties, and after fifty million had died in World War II we sat down and wrote the Charter of the United Nations to try to put an end to war.
Of course Hillier has little or no blame in this issue, taking his marching orders from politicians. But the politicians never did give the public a chance to discuss this issue, and most Canadians are clearly against the war in Afghanistan.
Perhaps this move can best be interpreted as an indication of the increasing prominence of the military industry to the Canadian business economy, and the corresponding political changes we are likely to see ahead as a result.
And the most important lesson here for law students is that if you aspire to reach the top rungs of a Canadian law firm don’t even think about working your way up the hard way, where only 1 in 10 will make partner.
Join the Army instead.
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