Debates of Feb. 25th, 2009

[Deepak Obhrai, Conservative, Parliamentary Secretary to the Minister of Foreign Affairs]

Mr. Speaker, as we are well aware, in 2002, Omar Khadr was arrested by the U.S. forces in the context of his alleged involvement in the armed conflict in Afghanistan, following his alleged recruitment and use as a combatant by al-Qaeda.

Although there have been recent developments in the United States regarding Guantanamo Bay, Mr. Khadr continues to face serious charges pursuant to American decisions. As such, it is up to the U.S. authorities to make a determination regarding the administration of justice in the United States as related to individuals within their jurisdiction.

As Mr. Khadr was and remains in the U.S. control, it is up to the United States to make a determination regarding the disposition of his case.

The government is clearly aware that President Obama has issued executive orders related to Guantanamo Bay detainees. These orders are reflective of the fact that the U.S. administration is actively engaged in examining issues related to Guantanamo Bay and the cases of the individuals currently in detention.

The issuance of orders is indicative of the importance being given the possible ways forward in addressing related issues. It is, therefore, imperative that this process be allowed to run its course and that Canada not speculate on hypothetical scenarios.

We are closely monitoring all developments in Mr. Khadr's case and stand ready to receive information from the United States when a review of his file has been completed. Until such time as this has been done, it is simply premature and speculative to address requests for Mr. Khadr's repatriation.

It is important to be clear on the facts of the relevant executive order. It does not mean that Mr. Khadr is no longer subject to the U.S. criminal justice system. Although proceedings against Mr. Khadr before the military commission are presently halted, given the prosecution's request for adjournment for 120 days was granted by the military judge on January 21, a review must now be undertaken. This will determine how the United States authorities will review the case of each and every Guantanamo Bay detainee, including Mr. Khadr. We are not in a position to predict the outcome of this review.

The Canadian government was instrumental in ensuring that Mr. Khadr would not be subject to the death penalty. Indeed, charges were referred against him on a non-capital basis. Further, Mr. Khadr's case has been raised on several occasions at the ministerial level with U.S. authorities. As recently as yesterday, as the member has alluded, the Minister of Foreign Affairs had discussions with the U.S. secretary of state when he was in Washington.

Regular, ongoing welfare visits have been carried out by Canadian officials in Guantanamo Bay. Just because the military commission process has been halted does not mean that welfare visits will be halted.

The Canadian government is acting responsibly and prudently in allowing the United States to make decisions regarding the way forward vis-à-vis Guantanamo Bay detainees. The Government of Canada awaits the outcome of this process with interest, including decisions specifically affecting the disposition of Mr. Khadr's case.

[Paul Crête, Bloc, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Mr. Speaker, the question is very simple. Does Canada, the federal government, the Conservative government, believe that Mr. Khadr was a child soldier or not? If he was, the government is duty bound to ask for his return to Canada. If he was not a child soldier, that is another matter. Given that he fits the profile, Canada is currently not fulfilling its responsibilities, especially since we know Mr. Khadr was tortured.

Again yesterday, President Obama stated that the United States no longer carries out torture. It was banned when he became President. The Conservative Party should be interested in noting that there has been a change in practice in the United States. They want a right-leaning state but without punitive practices such as those that do not allow deserving individuals to be rehabilitated and to avail themselves of the appropriate legal process.

The Conservative government will have to face the serious consequences engendered by its attitude: it is not fulfilling its international commitments and has allowed a child soldier to be kept in prison for much longer than warranted. In addition, it is an illegal prison. The President of the United States has decided to close it.

I hope that the Conservative government will finally understand its responsibilities and take appropriate action. That is what all Canadians want.

[Deepak Obhrai, Conservative, Calgary East, AB]

Mr. Speaker, the mechanism that will be put in place to try detainees is a matter for the U.S. authorities. As I have stated and as the member has stated, President Obama wants to close Guantanamo Bay and he has given an executive order. I fail to understand why the member cannot wait to see what that executive order will do and wait for the review of that case by the American authorities.

Whether Mr. Khadr is found guilty or not guilty, we must remember that Mr. Khadr faces the serious charge of murdering an American medic.

We need to wait and see how this process works. On the one hand, that party says it agrees with Mr. Obama but, on the other hand, it does not want to wait for the mechanism that he has put in place.

We need to wait to see the mechanism, the decision and the disposition of Mr. Khadr's case. As such, the Government of Canada will act at that time.

[The Deputy Speaker, Andrew Scheer]

The motion to adjourn the House is now deemed to have been adopted. Accordingly, this House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 6:56 p.m.)