Peter Kent

[Committees of the House, March 12th, 2009]

Yes.

[Committees of the House, March 12th, 2009]

Mr. Speaker, as I said in my remarks, this government, as with two previous Liberal governments, has sought and received assurances that Mr. Khadr was being treated humanely and has repeatedly inquired into his well-being when allegations arose that detainees at Guantanamo Bay had been mistreated or that his health was in any danger of being compromised.

Regular visits have been carried out, as I said, 15 or more at last count, and reports of these visits were made available to the Subcommittee on International Human Rights, and did result in some improvements in the conditions of Mr. Khadr's detention.

That said, I come back to the basic point that the Government of Canada is not interested in pre-empting the presidential task force directive to review Mr. Khadr's case and to decide, within the 120-day period designated, on the way that those charges will be addressed.

[Committees of the House, March 12th, 2009]

Mr. Speaker, this government's position on Mr. Khadr is the same as that of the two previous Liberal governments. It is the same policy as that of former prime ministers Chrétien and Martin. It is the same policy of former ministers Graham and Pettigrew. It is the same policy of the member for Mount Royal when he was minister of justice.

[Committees of the House, March 12th, 2009]

Mr. Speaker, Canada does indeed believe in due process. There are no charges against Mr. Khadr in Canada but there are in fact outstanding charges and his case is before a U.S. court. We will await the decision of the presidential task force on how to proceed.

[Committees of the House, March 12th, 2009]

Mr. Speaker, indeed it is. I was referring to the opposition's attempt to mischaracterize and portray the innocence or guilt of Mr. Khadr. Indeed he does deserve his day in court.

I would remind the hon. member that of the almost 300 prisoners still in detention at Guantanamo Bay, only six are charged with serious crimes, five of them in connection with terrorist activities on 9/11, and one of them, Omar Khadr, charged with the list of offences I presented here today, of murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying.

The Government of Canada awaits the decision of the presidential task force on how or where the charges against Mr. Khadr should be addressed.

[Committees of the House, March 12th, 2009]

Mr. Speaker, the opposition's attempt to portray Omar Khadr as a cherubic innocent is both premature and misdirected. The opposition deliberately ignores the reality that around the world and indeed here in Canada, individuals defined as children are capable of horrendous acts that deserve prosecution in adult courts.

With regard to the decision by the President of the United States to appoint a high-level task force of officials to consider the case, in the 120 days designated for that ruling, the Government of Canada will await its decision.

[Committees of the House, March 12th, 2009]

Mr. Speaker, it is well known that Omar Khadr was captured on July 27, 2002 by U.S. special forces in Afghanistan in hostilities in which he allegedly threw a grenade, killing a U.S. soldier. He is also alleged to have been active as an al-Qaeda fighter, including by laying anti-personnel mines on roads known to be used by U.S. forces. On October 28, 2002 he was arrested by U.S. forces and transferred to Guantanamo Bay.

As a result of his alleged activities in Afghanistan, Omar Khadr was charged before a U.S. military commission with murder in violation of the law of war, with attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying.

These are serious charges under any legal system and they are before a U.S. court. We cannot prejudge the outcome of these charges. Nor can we prejudge the outcome of the review of Mr. Khadr's case in the context of the review of all Guantanamo Bay detainee cases. That was required by U.S. President Obama in his executive order of January 22, 2009.

These reviews will determine, among other things, whether detainees should be released or transferred from Guantanamo, or whether they should face prosecution and under which court system. These are matters for the U.S. administration to determine, in whose custody and under whose control Mr. Khadr currently finds himself.

That said, this government has always maintained that all proceedings against persons suspected of terrorist activities must be carried out in accordance with established standards of human rights and due process. The Department of Foreign Affairs has sent observers to all proceedings against Mr. Khadr in Guantanamo Bay and at the Court of Military Commission Review in Washington. We facilitated the appointment of Mr. Khadr's Canadian lawyers as foreign attorney consultants in these proceedings and have consistently pressed for their access to their client.

Officials maintain a regular dialogue on all legal issues pertaining to Mr. Khadr's case, including with his defence team, with the prosecution and with U.S. authorities. Officials from the Department of Foreign Affairs are currently following up on claims that Mr. Khadr's lead defence counsel has been prevented from meeting with his client.

Finally, Mr. Khadr's case has been discussed by the Minister of Foreign Affairs and the Minister of National Defence with their respective counterparts.

The government, as did previous governments, has sought and received assurances that Mr. Khadr was being treated humanely and has repeatedly inquired into his well-being when allegations surfaced that detainees at Guantanamo Bay had been mistreated or that his health was in any danger of being compromised.

Officials from the Department of Foreign Affairs have carried out regular welfare visits with Mr. Khadr, 15 or more at last count, and they will continue to do so. Reports from these visits were made available by Mr. Khadr's lawyers to the Subcommittee on International Human Rights after he waived his right to privacy on them. Members will be familiar with their contents.

The interventions of government officials have resulted, for example, in Mr. Khadr's move from a maximum security facility to a communal minimum security facility within Guantanamo Bay, in improved medical treatment, as well as in phone calls with his family. He is being provided regularly with reading material, as well as with items for his personal care and comfort. There is no doubt that the visits have been of assistance to him. Those visits will continue.

The government did not agree with the recommendations of the subcommittee's report when it was issued and it does not agree with them now. As the government members of the committee stated in their dissenting opinion to the report, our government believes that the opposition is approaching the case of Mr. Khadr in a way that downplays Mr. Khadr's alleged crimes and ties to terrorism, while framing the fact that the government has not repatriated him as a violation of Canadian laws.

As was also mentioned in the dissenting opinion, the government has serious concerns which were left unaddressed by the committee, especially with regard to the one-dimensional approach to the study and the limited scope of testimonies that upheld an interpretation of Mr. Khadr as victim.

We continue to believe that the allegations against Mr. Khadr are serious and should be treated as such. Undeniably, however, is the fact that the situation has changed considerably since the report of the committee was issued. As mentioned, there is now a review process in place pursuant to President Obama's stated intention to close the detention facilities at Guantanamo Bay. This process will determine whether or not the serious charges against Mr. Khadr will proceed before the military commission or another court, or how his case may be disposed of.

The trial of Mr. Khadr on those charges is at present stayed for 120 days, until May 20, 2009. The charges have not been dropped by the U.S. government. Mr. Khadr's case remains under the jurisdiction of the United States of America.

Government officials will follow the review process closely, and as is and has been the practice in cases involving Canadians detained abroad, will be in contact with U.S. authorities on the matter as necessary or as requested by them. However, this government will not second-guess, let alone dictate, the outcome of this case.

[Softwood Lumber, March 6th, 2009]

Mr. Speaker, we are still in favour of the softwood lumber agreement, which put an end to a longstanding dispute. The agreement provides stable conditions for the forest industry.

It has allowed the reimbursement $4.5 billion to the softwood forest industry.

This agreement has the support of the provinces and of Canadian industry.

[Justice, March 6th, 2009]

Mr. Speaker, that question is not worthy of a response.

[Justice, March 6th, 2009]

The hon. member must have been out of the House when I gave my previous answer, Mr. Speaker. The government is currently reviewing the court's decision and it would be inappropriate to comment further at this time.