Canada court backs government over Guantanamo detainee

Published on Saturday 30 January 2010 19:09

CANADA'S Supreme Court will not force the government to seek the repatriation of the youngest detainee held by the US at Guantanamo Bay.

Prime Minister Stephen Harper has steadfastly refused to request the return of Canadian-born Omar Khadr, the last Western detainee held at the prison at the US navy base in Cuba. Harper has said the legal process must be allowed to play itself out, and the government said it was pleased with the court's decision.

The Supreme Court's ruling, issued on Friday, overturns a lower court ruling that ordered the Canadian government to seek Khadr's return.

Khadr, who was born in Toronto, is now 23 but was only 15 when he was captured after allegedly killing an American soldier with a grenade in a 2002 battle in Afghanistan. Authorities say his family has close links to al-Qaeda.

Government lawyers argued that the courts did not have the right to order authorities to seek Khadr's repatriation because it put them in the realm of diplomacy.

The court agreed, saying in its written decision that "the proper remedy is to grant Mr Khadr a declaration that his… rights have been infringed, while leaving the government a measure of discretion in deciding how best to respond".

The top court said Canada breached Khadr's rights by sending intelligence agents to Guantanamo to interrogate him. The Canadian agents shared the results of their interrogations with United States authorities.

Justice Minister Rob Nicholson said the government was pleased the Supreme Court recognised the constitutional responsibility of the government to make decisions on matters of foreign affairs.

Nicholson said in a statement that Khadr faces very serious charges, including murder, attempted murder, conspiracy, material support for terrorism and spying. He added the government will review the court's ruling and determine what further action is required.