Law Students Demand Repatriation of Omar Khadr

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Posted By: Lawrence Gridin January 15, 2009

Hundreds of law students from across the country have added their names to the growing list of people calling for the repatriation and fair trial of Omar Khadr, as well as the closure of the Guantanamo Bay detention facility where he is currently held.

Canadian law students created the Omar Khadr Project last fall, pursuing the goal of repatriation and fair treatment  for Omar  Khadr.  The organization is composed of law students and young lawyers  from across the country who believe that respect for human rights is a fundamental  Canadian value.

In May 2008,  the  Supreme  Court  of  Canada  unanimously  found  that  the  conditions  under  which Omar  Khadr was  being  detained  “constituted  a  clear  violation  of  fundamental  human  rights protected by  international  law” (Canada (Justice) v. Khadr, 2008 SCC 28, at para 24.)

The Court found that Canada’s participation in Khadr’s case breached our own obligations under the Canadian Charter  of Rights and Freedoms and the Geneva Conventions.

Below is a press release (abridged) sent to us by the Omar Khadr Project discussing the strategies that the group has been pursuing.

Canadian Law Students Take Actions Calling on Harper, Obama to Ensure Repatriation of Omar Khadr, Closure of Guantanamo Bay

This week,  the Omar  Khadr  Project  launches  a  series of actions calling on Prime Minister Stephen Harper and President-elect Barack Obama to ensure Khadr’s  repatriation  as  a  key  step  in  the  closure  of  the  illegal Guantanamo  Bay  detention centre.

It  is  expected  that  one  of  President-elect Obama’s  first  executive  actions  will  be  to  begin shutting  down Guantanamo  Bay.    But,  “the  looming  questions  for Omar  Khadr,”  explains Project member  Kate Oja,  “are whether  the  new  President will  act  in  time  to  stop Omar’s deeply  flawed  ‘trial’,  and whether  Prime Minister Harper will  agree  to  bring Omar  back  to Canada.”

This week,  the Omar Khadr Project  joins with groups across Canada,  the U.S. and beyond  to put  pressure  on  both  Canadian  and  American  governments  to  act  quickly  in  the  spirit  of justice. We are launching 4 actions:

  1. Hundreds  of  law  and articling students signed a petition calling on the Canadian government  to  repatriate Omar Khadr and protect his human rights. The petition will  be  officially presented to Parliament once it resumes.
  2. A letter was written to President-elect Obama to draw his attention  to  the urgency and injustice of Khadr’s case.
  3. As a Christmas present, and in honour of the 60th  anniversary of  the UN Declaration on Human Rights, the Omar Khadr Project sent Prime Minister Harper,  the Minister of Foreign Affairs and  the Minister of Justice copies of a children’s picture  book on basic human  rights,  emphasizing sections on fair trial rights and the rights of the child.
  4. On Saturday 17  January 2009, a rally is being held outside the U.S. Consulate in Toronto, along with Amnesty International,  the Coalition to Repatriate Omar Khadr, and other
    supporters.

Omar Khadr,  a Canadian  citizen detained at age 15, remains the only national of a Western country to be held at Guantanamo.   His trial before the internationally-condemned military commission system is scheduled to begin on January 26th,  just 6 days after Obama’s inauguration.

Note: Law students interested in assisting Khadr’s legal defence team can contact us for more information.

About the Author

Lawrence Gridin
Lawrence Gridin is currently a law student at the University of Western Ontario, graduating in the class of 2010. He completed his Bachelor of Science at the University of Toronto, majoring in Psychology and History. Lawrence volunteers at Western's Community Legal Services and has participated in the clinic's outreach program. His diverse interests include social justice, 20th century history, photography, boxing, and politics.

2 Comments on "Law Students Demand Repatriation of Omar Khadr"

  1. KC | January 16, 2009 at 4:14 pm |

    Shouldnt it be “repatriation OR fair trial” as opposed to “repatriation AND fair trial”. The travesty of Khadr’s case is that he hasnt been treated in a manner consistent with the US constitution or its obligations under international law; not that he hasnt been repatriated to Canada. Foreign governments do have the right to try Canadian citizens after all. If the U.S. can make a case against him (which I presume they cant) while respecting his due process rights then there is no injustice in not repatriating him.

    If I were the Government of Canada I would say ‘try him in accordance with the rule of law in front of a real court with full due process rights OR return him’.

    Law is Cool: No, part of the travesty is that every other industrialized country has repatriated their citizens. Harper hasn’t even tried. See some of our previous posts on the subject.
    Earlier today counsel for Khadr said that a single phone call could have him back in Canada,

    People see what we stand for through the actions of our government. Omar’s story is about how we define ourselves as a society.

  2. Lawrence Gridin | January 16, 2009 at 8:50 pm |

    KC: I see your point. I think I would be fine with Omar Khadr being tried anywhere if I could believe that his trial was fair.

    However, I’m not certain that Omar Khadr can receive a fair trial by the United States, whether it happens in Cuba or on American soil. This is because his case has been too politicized already. The US Justice Department calls his charges “sexy.”

    There is also evidence that the murder for which he is being tried could have been the result of a friendly-fire incident. I think that the Americans that are still “fighting terror” overseas are going to be reluctant to hold their own accountable, when it’s so easy to throw the book at this “extremist.”

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