Evidence of meeting #11 for Subcommittee on International Human Rights in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was khadr.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Bernard Amyot  President, Canadian Bar Association
David Matas  Immigration Lawyer, As an Individual
Lorne Waldman  Executive Member, National Citizenship and Immigration Law Section, Canadian Bar Association

2 p.m.

Conservative

Jason Kenney Conservative Calgary Southeast, AB

That's exactly my point.

2 p.m.

Conservative

The Chair Conservative Scott Reid

We now come to Mr. Marston, who will be the last of our questioners.

There unfortunately will not be time for concluding remarks. I've already warned our witnesses about this. Technically speaking, we are actually past our finishing time, but we will nevertheless be generous in interpreting what “five minutes” means in Mr. Marston's case, thanks to his endless patience with us.

2 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

I started a few moments ago talking about the fact that the commission has ruled that they're not willing to look at Omar Khadr as a child combatant. I don't want to point at the Prime Minister or anybody as an individual in this case, but if the government of today doesn't intercede and doesn't ask for him to come back, would you agree or not agree that there's a reasonable chance this young man is going to spend life in prison for simply being a dutiful son and following his father?

2 p.m.

Executive Member, National Citizenship and Immigration Law Section, Canadian Bar Association

Lorne Waldman

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.

2 p.m.

Immigration Lawyer, As an Individual

David Matas

I hesitate about this idea of simply being a dutiful son and obeying his father. I wouldn't try to whitewash what Khadr did and I don't mean to judge him either, but one cannot step in just on the basis that he did nothing wrong. I think we have to step in on the basis that it doesn't really matter whether he did something wrong or not; even if he did something very wrong, his rights still need to be respected. They're not being respected now, and it's a Canadian responsibility to see they are respected, no matter how badly he personally behaved.

2:05 p.m.

Conservative

The Chair Conservative Scott Reid

You have lots of time.

2:05 p.m.

NDP

Wayne Marston NDP Hamilton East—Stoney Creek, ON

It's really not a question as much as wanting to say that's the precise reason, sirs, that I appreciate having your expertise here today for a person like me. I will look at this case as a more fundamental case, but hearing your expert advice has certainly been very helpful.

Thank you.

2:05 p.m.

Conservative

The Chair Conservative Scott Reid

Did you have anything further, Mr. Marston? No? All right.

In that case, are there any further comments any of the witnesses wish to make based on what they've heard, or is there anything they feel is unanswered?

2:05 p.m.

Immigration Lawyer, As an Individual

David Matas

Perhaps I could also echo what Mr. Amyot said. This is not a partisan issue, because human rights are not partisan principles; they're accepted by all parties in principle. I accept that all the parties are trying in their own ways to come to grips with respect for those principles. Obviously I believe the Khadr case should be resolved, if at all possible, in the way we've suggested, but hopefully unanimously as well, with all-party accord.

2:05 p.m.

Conservative

The Chair Conservative Scott Reid

In that case, I want to thank all our witnesses very much. You've been very informative, and we are all very grateful that you were able to come here. Thank you.

The meeting is adjourned.