Despite facing political heat here at home for his decision calling on Ottawa to demand the release or repatriation of Omar Khadr, Liberal Leader Stephane Dion is getting support from a U.S. military lawyer.
Lt.-Cmdr. William Kuebler, who represents Khadr, a Canadian who is being held at Guantanamo Bay, an American military base and prison in Cuba, told Canada AM he doesn't understand why Canada hasn't offered more support for one of its citizens.
Kuebler says that Britain and Australia have been able to repatriate three of their citizens in similar circumstances because political leaders in those countries went to bat for their fellow citizens.
"(Omar Khadr's) case differs principally right now because his government, unlike the governments of the Australian citizens held at Guantanamo and the British citizens held at Guantanamo, has not stepped up to intervene to protect his basic human rights."
Khadr, who turned 21 on Wednesday, was arrested in Afghanistan in 2002 for allegedly killing an American soldier during battle. He was only 15 at the time.
The Americans designated him as an "enemy combatant," and have kept him locked up despite a ruling by a military judge last year that dismissed his charges. He's the only Western prisoner still imprisoned at Guantanamo.
The ruling -- along with other rulings in similar cases -- was a blow to the Bush administration, but the U.S. still did not release Khadr. Prime Minister Stephen Harper has so far refused to ask the U.S. to release Khadr or have him tried in a court of law, whether here or in the U.S.
On Wednesday, Dion met with Khadr's American military lawyers. After the meeting, Dion released a statement saying that "Canada is alone among Western nations in not having secured the release from Guantanamo of one of its nationals. Prime Minister Harper must finally ensure Mr. Khadr receives the same consular support that any other Canadian -- detainee or not -- would receive."
Khadr's lawyer have said that they can't believe that the Canadian government has not asked for Khadr's release or even asked the Americans to follow due process in court.
"All we're asking for is a fair trial in a legitamate system," says Kuebler. "The U.S. federal courts could provide that. Certainly, the Canadian courts could provide that ... Guantanamo Bay and the military commissions will not provide that."
Kuebler has said that Dion's comments indicate that there is a growing movement to ensure Khadr's legal rights are protected.
"I'm hopeful, based on what we've seen recently from the Canadian Bar Association, which came out and called upon the prime minister to command Omar's repatriation last month, and the very courageous decision by Mr. Stephane Dion and his colleagues today, to call on the government to see that Omar is released from Guantanamo," he told Â鶹´«Ã½net.
"I think we're starting to turn a corner in Canada, similar to what happened in Australia and the U.K., when those countries finally got fed up by the treatment of their citizens by this process."
On Wednesday, while speaking at news conference, Dion continued to push for Khadr's rights as a Canadian citizen.
"Canadian consular officials must have appropriate access to him to povide consular services that the Canadian government would provide any other citizens," he said.
If the U.S. is unwilling to guarantee that Khadr will be fairly tried in a court of law, Canada should demand his repatriation, Dion said, echoing an earlier statement he made in August.
Maxime Bernier, the newly appointed federal affairs minister, was travelling and unavailable for comment on Wednesday. A spokesperson for the office, Neil Hrab, said it was too early to debate where the trial should take place.
Khadr's Canadian lawyers say they have been snubbed by their American counterparts, having been left out of the meeting.
