Mr. Speaker, with respect to Canadian citizens who are captured and detained abroad as “enemy combatants” by foreign authorities:
a) Issues pertaining to Canadian citizenship are not affected by the circumstances described in the question.
The rights of individuals in respect of Canadian citizenship are determined by the Citizenship Act.
b) This question can only be answered on a case by case basis and presumes that the Canadian detained abroad is accused of crimes prosecutable in Canada. Whether or not the necessity or possibility exists for a given individual to “face trial in Canada” is subject to the circumstances of each case. Any decision to prosecute would be determined by, inter alia, the nature and availability of evidence; whether such evidence discloses a criminal offence in Canada; jurisdiction over such alleged offences; the likelihood of a successful prosecution. In the event of extra-territorial offences, the consent of the Attorney-General may be required before a prosecution can be initiated.
c) The government seeks and obtains legal advice on individual cases from experts in the Departments of Foreign Affairs, National Defence, Justice and Public Safety, as appropriate. No private studies have been commissioned.
d) See response to c).
e) Not applicable.
f) Advice to the government from its legal counsel is subject to solicitor-client privilege.
g) See response to f).
h) One.
i) On September 17, 2004 a Combatant Status Review Tribunal convened by the United States of America at Guantanamo Bay, Cuba, determined Omar Khadr to be an “enemy combatant”.