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5 High Ct. Q. Rev. 42 (2009)
Canada's Refusal to Repatriate a Canadian Citizen from Guantanamo Bay as a Violation of the Humanitarian Values Underlying the Principle of Non-Refoulement: A Reanalysis of Omar Ahmed Khadr v the Prime Minister of Canada

handle is hein.journals/hicoqur5 and id is 53 raw text is: HCQR (2009) Vol 5 No 2 CANADA'S REFUSAL TO REPATRIATE A CANADIAN CITIZEN FROM GUANTANAMO BAY AS A VIOLATION OF THE HUMANITARIAN VALUES UNDERLYING THE PRINCIPLE OF NON- REFOUILEMENT: A REANALYSIS OF OMAR AHMED KHADR V THE PRIME MINISTER OF CANADA Professor Sonja Grover Ph.D, Faculty of Education, Lakehead University Abstract: Omar Ahmed Khadr, a Canadian citizen charged with carrying out Al- Qaeda terrorist activities at age 15 in Afghanistan, is the only Westerner not yet repatriated from the U.S. detention facility at Guantanamo Bay. A recent 2009 Federal Court of Canada decision ordering the Canadian government to attempt to repatriate him has been lauded by human rights activists as a victory. However, the ruling ironically simultaneously undermines Canada's international human rights obligations. This by maintaining that but for the fact that agents from the Canadian Security and Intelligence Service (CSIS) interrogated Khadr at Guantanamo Bay, and were allegedly indirectly complicit in his purported torture, the positive obligation to respect Khadr's rights under international humanitarian and human rights law and the Canadian Charter would not have been engaged. Contrary to the Canadian Federal Court ruling, it is suggested that Canada's international humanitarian law obligations were alive irrespective of the involvement of CSIS in the case. Those obligations arose as a function of the jus cogens humanitarian ethic underlying the principle of non-refoulement which ethic underpins also the obligation to repatriate citizens to protect them against all significant maltreatment including torture by foreign authorities who have custody. 42 Grover

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