Omar Khadr's Bail Hearing

Today a 28 year old man is in court seeking bail. He is asking to be released while he appeals his conviction in an USA court of killing a soldier when he was 15 years old. I do not know if he was guilty or not. I have no way of knowing if his guilty plea to that charge was the result of overwhelming pressure, exhaustion at being in Guantanamo Bay for so long or just a realization that pleading guilty was the least painful alternative. But what seems clear to me is that he has been treated in a fashion that under almost any other circumstance would have been deemed cruel, unusual and counter-productive. Our Canadian government, at the highest level, are continuing to do all that they can to insure that he remains incarcerated for the maximum time. I am not too sure why.

Even if it is assumed that Khadr did throw that grenade with a clear knowledge that it would kill someone, and that at age 15 he fully understood the consequences of that act - in any court in Canada, he would not have been tried as an adult. He would never have receieved a life sentence, in an adult prison. Canadian legislation ensures that children (as defined by law) are treated differently than adults. The law accepts and understands that a child's must be held to a different standard than adults, and that when they commit a crime that the "punishment" they receive must be focused of rehabilitation as opposed to simple incarceration. Furthermore, Canada along with many other nations, have accepted the possibility that children who are exposed to passionate rhetoric and who are faced with limited life choices, do engage in war-like activities. And that these "child soldiers" should not be treated as adults and punished, but should be treated with care and therapeutic interventions. For Omar Khadr, Canada has not followed these rules.

Regardless of whether Omar Khadr intentionally killed someone, he has been in jail long enough. There is a family who are prepared to accept him into their home and treat him as a family member. He has a plan of what to do with his life and it seems reasonable. There is no suggestion that he plans on escaping to another country or that he is a committed and hardcore member of al-Qaeda. It is time, regardless of what the US appeals process says - to let him live in the community. With supervision and support, but free to start to experience what life in Canada can be like.

The consequences if he is not released on bail could be considerable. Not only is his incarceration costing a minimum of $100,000 a year, but it seems to me that if the US court overturns his conviction, then the possibility of him suing the Canadian government for inappropriate incarceration is quite likely. Personally if I were him I would also consider suing the Canadian Government for their abysmal support of a Canadian citizen when he was first placed in Guantanamo Bay.

Canadian Government - admit you may have made a mistake, stop fighting the bail hearing and get on to some things that might give us better value for our money - such as dealing with climate change, lack of safe water in northern First Nation communities, number of Canadian children who go to bed hungry each night etc. etc.