You may remember Omar Khadr, the Canadian who was captured by American soldiers in 2002 for reportedly throwing a grenade at an American soldier when he was 15 years old. Well, back in April a Canadian judge ordered the Canadian government to press for Khadr's release. This ruling was upheld by the Federal Court of Appeal. The Harper government appealed to the Supreme Court--and yesterday, the Court agreed to hear the appeal.
"As the matter is currently under litigation, we will provide no further comment at this time," said the statement released by Foreign Affairs Minister Lawrence Cannon's spokeswoman, Catherine Loubier.
The statement then went on to state the government's position that it was in Canada's "interest" to wait for the United States to make a decision on Khadr's case.
Oral arguments are due to begin on November 13--which means that more than likely, there won't be a decision until mid-January.
Harper's line is that the courts should defer to the government on foreign policy matters. It has also argued that since Khadr is charged with murder (among other things), he should be tried before an American tribunal. The courts, on the other hand, ruled that by not pressing for his return, the Canadian government is violating his rights under the Charter of Rights and Freedoms (the Canadian bill of rights). A pretty strong argument can be made that since Khadr was 15 at the time this happened, the UN Convention on the Rights of the Child requires Canada to repatriate him since child soldiers can't be tried.
Predictably, the opposition Liberals are up in arms.
At a news conference in Vancouver Friday, Liberal Leader Michael Ignatieff said he would press to bring Khadr home if his party wins a federal election that could come as early as October.
"We find it extraordinary that the Conservative government would take this right up to the Supreme Court when we're talking about a Canadian citizen," Ignatieff said.
The most recent opinion polls show the Conservatives and Liberals nearly tied--so if there is an election in October (a distinct possibility, since Ignatieff said on Tuesday that he intends to topple Harper at the earliest opportunity), the Khadr affair could be a major issue.