This is not surprising. Harper has been consistent in refusing to budge on this issue and thus in effect implying that the justice system at Guantanamo was just hunky dory. Maybe his reactionary consistency will pay off since it seems as if Obama may after all set up military tribunals himself. Now surely an Obama military tribunal must be acceptable to all good liberals and not an abomination!
Government will appeal Omar Khadr order TheStar.com - SpecialSections - Government will appeal Omar Khadr order
MICHELLE SHEPHARD/COPYRIGHT TORONTO STAR NEWSPAPERS LTD. 2009
Canadian detainee Omar Khadr at the Guantanamo Bay prison camp in December. His fate is now in the hands of the Obama administration.
Harper government seeks appeal of judicial order to seek the return of Omar Khadr from Gitmo
May 08, 2009 Joanna SmithTonda MacCharlesOttawa bureau
OTTAWA – The federal government has decided to file an appeal rather than abide by a judicial order to seek the return of Omar Khadr, jailed in a Guantanamo Bay prison, to Canada.
In an Ottawa courtroom, federal lawyer Elizabeth Richards made a casual reference to the Khadr appeal while presenting arguments in a completely separate application regarding the repatriation of Abousfian Abdelrazik, who has been living inside the Canadian embassy in Sudan for more than a year.
There was no formal announcement made publicly of the decision. The federal government had up to 30 days to file an appeal.
Canadian lawyer Nathan Whitling, acting for Khadr, confirmed the appeal was filed in an email to the Star.
"We're disappointed that Prime Minister Harper refuses to be part of the solution to the Guantanamo problem faced by President Obama," said Whitling. "This appeal is grounded upon the view that the Government of Canada may participate in the torture of a Canadian child without consequence."
The government decision comes just two weeks after a Federal Court judge ruled the Conservative government should seek the repatriation of the young man from Guantanamo Bay where he remains imprisoned on charges of murder and bomb-making, in connection with the death of a U.S. soldier in Afghanistan.
Foreign Affairs Minister Lawrence Cannon had signalled the government would take the appeal route, rather than abide by the judicial order.
Prime Minister Stephen Harper has repeatedly insisted the Toronto-born Khadr, 22, is facing "serious charges" and that the American justice process must play out.
Federal Court Justice James O'Reilly ruled Canada denied Khadr his constitutional right to a fair trial and violated international law that protects children captured in armed conflict. He concluded the government must request the "United States return Mr. Khadr to Canada as soon as practicable."
Khadr was shot and captured in Afghanistan in 2002. He was one of 20 charged with conspiring with Al Qaeda and throwing the grenade that killed a U.S. soldier.