Mr. Speaker, in response to (a), the Government of Canada became aware in August 2002 that Omar Khadr, who had been captured by U.S. forces following a firefight in July 2002, was a person under control, PUC, at Bagram Airbase in Afghanistan and facing serious charges. On October 30, 2002, the government was informed by the United States, U.S., that Omar Khadr had been transferred to Guantanamo Bay, Cuba.
In response to (b), the Canadian government has consistently acknowledged that Mr. Khadr was a minor at the time of his alleged offences and arrest. Accordingly, Canada has continuously demanded that the U.S. government take this into account in all aspects of his detention, treatment, prosecution, and potential sentencing. Based on a motion brought by Mr. Khadr’s defence team, the military commission judge is currently considering the impact Mr. Khadr’s apparently unlawful recruitment by al-Qaeda should have on the proceedings.
In response to (c), Mr. Khadr’s case is subject to multiple and complex litigation, both in Canada and the U.S. It would not be appropriate to speculate on the potential outcome of cases currently before the courts. As such, discussions about Mr. Khadr’s return to Canada are premature until such time as the legal process, and the appeals process, have been exhausted.
In response to (d), Mr. Khadr’s case has been raised on several occasions at the ministerial level. Canadian officials have conducted seven welfare visits to Mr. Khadr since his arrival at Guantanamo Bay and it is the government’s intention to continue these visits. The goal of these visits has been to assess his condition and provide a measure of support during his ongoing incarceration. Through these visits, officials have sought to have Mr. Khadr’s detention conditions improved and have made requests for medical treatment and educational support. Officials have also facilitated telephone calls with his family in Canada and access by his Canadian defence lawyers, and have requested repeatedly that Mr. Khadr be given an independent medical and psychological assessment.
In response to (e), Canadian officials have been present as observers at all proceedings against Mr. Khadr in Guantanamo Bay, as well as to the hearing at the Court of Military Commission Review in Washington.
In response to (f), there are no charges outstanding against Omar Khadr in Canada that could be a basis for an extradition request.
In response to (g), the government has received unequivocal assurances from U.S. authorities that Mr. Khadr will not be subject to the death penalty. Charges against Mr. Khadr were referred on a non-capital basis.
In response to (h) and (i), the government has sought and received assurances that Mr. Khadr is being treated humanely, and has repeatedly inquired into his well-being when allegations were made of mistreatment of detainees at Guantanamo Bay. Canadian officials have carried out regular welfare visits with Mr. Khadr, resulting in, among other things, a transfer into a minimal security, communal detention facility. Government officials will continue to conduct these visits.