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Subcommittee on International Human Rights committee In terms of transits and the like, I don't believe we have the data. That data might be on the public record, but we don't have it in our report, nor is it fresh in our memory.
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee These are factual questions that really you have to pose to the U.S. authorities, who apparently are in possession of all sorts of information that we don't have. Our information is dependent entirely on the public record. That public record is relatively thin and comes from jou
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Again, that's not a question we can answer definitively. That's a question to ask the Public Prosecution Service of Canada. Keep in mind that the Anti-terrorism Act came into force in December of 2001. Any act that would be prosecutable under that Anti-terrorism Act would have
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee We know that he was recruited. We suspect from certain video information that's been released that he was involved in the development of improvised explosive devices. There have been allegations made by the United States about the level of involvement. There's a charge sheet that
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee As I explained before, there is no contradiction. There is a definition of “state” in the Foreign Enlistment Act that's extremely broad. It covers off entities that purport to be the governing authority not of a country but of a particular region. It's an extremely broad definiti
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Maybe I could make one other observation. The first thing is that we agree with you completely that repatriation doesn't equal impunity. It's not that Mr. Khadr will be repatriated and there will be no prospect of criminal charges or other measures being taken against him. I kn
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Do you want to deal with that, Andrew?
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Just to reiterate, the definitions vary. The definitions under the Foreign Enlistment Act are a much broader definition of state than the more intuitive meaning we find under the Criminal Code. So we're four-square with the law. It may not make a lot of sense in terms of logic, b
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Can I circle back to complexity and then address the comparative child soldier issue? Just on complexity, if your standard of complexity is that the prosecution in Canada would be complex because of all these variables my team has been describing versus what goes on in a militar
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee I don't purport to have any privileged insight into what animates the Government of Canada. I can say that there's a certain investment in the current policy. There's been inertia for a number of years now, and that inertia tends to continue just by nature of consistency. I wil
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee I have no doubt that the notoriety of the family has tainted the case, to the extent that he has been an extremely unpopular figure who is very divisive. The level of vitriol that one sees, for example, when Omar Khadr stories appear in The Globe and Mail in those commentaries th
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee I'd be prepared and content to go to court and argue that the omission--that is, the failure to intervene in these circumstances--would violate the Charter of Rights.
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Do you mind if I respond in English?
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Sean, would you like to take a shot?
May 26th, 2008Committee meeting
Prof. Craig Forcese
Subcommittee on International Human Rights committee Let me take a stab at it. The first thing to note is from the juxtaposition of the Canadian response to the incarceration of a citizen at Guantanamo with those of our allies. Omar Khadr is the only western national still in custody in Guantanamo Bay, as you know. In the first hal
May 26th, 2008Committee meeting
Prof. Craig Forcese