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Subcommittee on International Human Rights committee In terms of your question, that's precisely why I say that the approach set out in the Youth Criminal Justice Act is the appropriate one. First of all, that act distinguishes between children under the age of 12 and children between the ages of 12 and 18 and has different gradations of responsibility depending on their age.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee I agree with you.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee That's the information we have: based on the process that's available to him at Guantanamo and given all the shortcomings in the legal process there, if the matter ultimately goes to trial, the likelihood of a conviction is very high. That doesn't mean the case against him is overwhelming; it means that he doesn't have the opportunity of having a fair trial.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee There were other child soldiers, meaning people under the age of 18 at the time of their detention. They've been repatriated without being charged. Mr. Khadr is the only person I'm aware of under the age of 18 who's still in Guantanamo.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee In terms of the question with respect to the child soldier, it's not our intent to say that it would be a violation of the convention. I think it might be a violation of the spirit of the convention, which encourages rehabilitation. But there's no specific provision that precludes prosecution.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee I spoke to his counsel yesterday, and he believes they're down in Guantanamo now. The government is trying to seek a date for the hearing, which would be either later in the spring or in the summer. Given the unfairness of the process, he believes there's a very significant possibility Mr.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee To answer your second question...I'm sorry, I'm going to do it in English. I apologize. The Youth Criminal Justice Act would apply as it would in the case of any person under the age of 18 who was charged in Canada with an offence. It's interesting to look at the declaration of principles of the Youth Criminal Justice Act.
May 5th, 2008Committee meeting
Lorne Waldman
Subcommittee on International Human Rights committee The only other point one would add is that the defence counsel doesn't have the right to compel witnesses to come before the commission. So if they get disclosure, and it is double or triple hearsay evidence that's been sanitized through hearsay, they don't have the opportunity of compelling the person who was the originator of the information to come before the military commission so they can challenge the credibility of the evidence.
May 5th, 2008Committee meeting
Lorne Waldman