Tuesday, August 14, 2012

Crime and Punishment and Rob Nicholson

"Everyone has moved very quickly to respond. Why? Because our client has nothing to hide. Neither do the Americans," Brydie Bethell, one of Khadr's lawyers, said Monday.

"Why didn't the minister bring this request to our attention before? This could have been dealt with over a year ago."

U.S. will release Omar Khadr tapes for Toews' review
Public Safety minister says he wants to see sealed interviews before decision on return
CBC News

Moreover, the remedy of a stay of extradition proceedings did not, as the Attorney General submits, allow “an admitted terrorist collaborator to walk free”. Khadr is liable to prosecution in Canada for his alleged terrorist crimes.  The stay granted by the extradition judge does not impair the Attorney General’s ability to exercise his lawful powers to commence a prosecution in Canada. 
Court of Appeal for Ontario
United States of America v. Khadr, 2011 ONCA 358

This was Omar's brother, Abdullah, of course, but the same argument applies.  If Omar Khadr committed a crime, the Attorney General of Canada is free to try him, given that his Guantanamo "trial" did not conform to either American domestic or international criminal law, as stated by the Supreme Court of Canada.  On the other hand, if the Charter applies (as the Supreme Court says it does), Omar can't be tried twice for the same alleged offence.  Also, if he hasn't committed a crime defined by Canadian or international law at the time of the offence, he walks.  That would leave Nicholson "twisting slowly, slowly in the wind."