Mr. Speaker, thank you for your very wise ruling.
As I was saying when the interruption occurred, members will know that the foreign affairs and international development committee recently retabled the 2008 subcommittee report on the Omar Khadr case. In fact, we were previously debating concurrence in that particular report the very day the House was prorogued in the fall. It is the same conclusions and recommendations from that 2008 subcommittee report contained in this retabled report that I am seeking concurrence in today.
Prior to the subcommittee undertaking its look at the Omar Khadr case, there were few voices in Canada speaking out for justice for him. I am proud to say that of the few voices speaking out on this case, the most consistent were from the NDP. The members for Windsor—Tecumseh, Burnaby—Douglas and Ottawa Centre were there among those very few voices speaking out in this House, and good members of the Bloc also were raising concerns about the Omar Khadr case.
To be very clear, this was not a popular case because of the Khadr name. In the court of public opinion, Omar Khadr was not faring well. Canadians knew the Khadr name but in truth they had few facts and little idea of the boy's actual predicament. Once the facts started to become known, Canadians' sense of fairness started to show itself.
I began my first intervention at the subcommittee by stating the fact that Omar Khadr's government had not given him the help all Canadian citizens deserve and that this was absolutely deplorable. I truly expected that once informed of the facts of this case, Canadians would genuinely be moved by Omar's story. Once they heard that at the time of his capture, Omar Khadr was a boy, a child soldier of 15 years of age, and also when Canadians heard how he was shot twice in the back and nearly executed by American special forces, they would be moved. When television networks like the CBC decided to tell his story to Canadians and when they saw the wounds on television, they would be moved.
Once they learned the story, Canadians began to become very concerned about this case. As they learned the conditions he was held under as a prisoner at Guantanamo Bay, their concern increased. Finally, when Canadians saw those tapes last year clearly showing a boy of 16 anguished as he realized the people from Canada he had hoped would help him become free were there instead to interrogate him, as that boy cried out for help, that was when Canadians truly felt for Omar Khadr.
I believe the position repeatedly espoused by the Conservative government in this House is flawed. It is flawed because it hinges on one single point, that being the Conservative government will not accept that Omar Khadr was a child combatant at the time of his capture. If the Conservative government or the Liberal government before it ever accepted that premise, it would have been incumbent upon them to petition first the Bush, and now the Obama, administration to return him to Canada. Once returned to Canada, his case would proceed here under the Canadian judicial system.
That is why we heard over and over during question period in this House such a flat response from the government. I offer here today that the government's often repeated response was as passionless as its original view of Omar Khadr.
I will turn now to a few other facts in this case, some that came to light during the subcommittee's review.
While in custody, Omar Khadr had to cope with what the Americans called enhanced interrogation techniques. In addition, for over six years at Guantanamo Bay, Omar Khadr was held with adult detainees. Now he faces the very possibility of life in prison in Fort Leavenworth, Kansas, in the United States.
Witnesses before our committee offered compelling views of his case and its implications for Canada. One very passionate witness, Senator Roméo Dallaire, said that Canada is headed down a slippery slope by failing to obey the United Nations conventions on child soldiers to which it is a signatory.
Senator Dallaire said:
[T]he minute you start playing with human rights, with conventions, and with civil liberties in order to say you're doing it to protect yourself...you are no better than the guy who doesn't believe in them at all.
I agree. Case after case that we have heard of late offer evidence that Canada has indeed started down that slippery slope, even to the degree that Canada appears to have been complicit in torture by proxy.
This is certainly not how Canadians want their government to act.
Another witness before the human rights subcommittee, former United States special prosecutor for the UN war crimes trial in Sierra Leone, Mr. David Crane, testified that he believes Khadr should be treated as a child soldier. Mr. Crane gave testimony before the committee that, during the Sierra Leone war crimes trials, he refused to prosecute 8,000 child soldiers. Mr. Crane said he thought it was important to bring Khadr back and to have his case fairly and openly considered in Canada.
Mr. Crane went on to testify that no child has the requisite mental capability of this situation, regardless of whether they volunteer or not. I believe and many other better-informed professional Canadians agree with Mr. Crane's observations.
I have said before in this place that our democracy is a very fragile thing. I also believe that Canadians often fail to realize this point. Perhaps it is understandable because, to get our Constitution, all that Canadian governments had to do was write a nice letter to our Queen.
Canada's veterans of foreign wars will tell you very quickly the cost of protecting and sustaining our democracy. Today, Canadian Forces in Afghanistan are tasked with enhancing the conditions under which a democracy might flourish there. Is it not ironic that the very government that has Canadian troops fighting in Afghanistan to protect the rights of the Afghani people will not protect the rights of Canadian citizen Omar Khadr, rights guaranteed under United Nations covenants to which Canada is a signatory?
Internal reports released last year from Canadian officials who visited Khadr state that Omar Khadr is a “good kid” and that they believe he has not been radicalized. Also, according to the same reports, Mr. Khadr clearly understands that he is in Guantanamo because of his family. The government, along with accepting that Omar Khadr is a child soldier, would do well to also accept that he was in the area of combat solely due to his father leaving him with a group of fighters.
Our subcommittee, as well as supporters of Omar Khadr, whether it is community or legal representatives, took into account the concerns of Canadians as we moved forward with our report. We understood that evidence that Omar Khadr is not a threat was an opinion. Having recognized this, the subcommittee, beyond its own conclusions, decided on a series of recommendations to support Omar Khadr to address those important community concerns.
At this point, I would reiterate some of those conclusions.
They obviously recommended the termination of the military commissions, which has taken place under Mr. Obama. They object to the position stated by the United States that it reserves the right to detain Omar Khadr beyond the commissions. They recommend that the Government of Canada demand Omar's release from U.S. custody to the custody of Canadian law enforcement and that it call on the director of public prosecutions, and so on.
I will conclude, Mr. Speaker.
In particular, the subcommittee calls on the relevant Canadian authorities to ensure the appropriate rehabilitation of Omar Khadr. I submit to the House today that Omar Khadr is salvageable. All he wants from his country and government is another chance. Witness after witness before the Subcommittee on International Human Rights said that Canada must petition the U.S. to repatriate Omar Khadr.
The Supreme Court of Canada has said that Omar Khadr's rights have been violated. The Supreme Court of the United States has said that the rights of detainees in Guantanamo have been violated. As his first act, President Obama has moved to right the wrong that was Guantanamo and order the facility closed.
Canadian officials are saying that Omar Khadr is not a threat and instead is a victim of his upbringing. After six years and two successive governments failing Omar Khadr, it is time for the government to do the right thing.
I will close with the following question, asked so many times in various forms in this place. When will the Prime Minister listen—