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David Smith

The Hon. David P. Smith, P.C., Q.C., B.A. LL.B. Appointed to the Senate by the Rt. Honourable Jean Chrétien, Senator David Smith represents Ontario, and has served in the Senate since June 25, 2002.

Not now or never, just now

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Published by Senator Mobina Jaffer on 14 September 2010

How often in life do we get second chances? Not very often. That’s why when one does come along, we rush to take it. In the case of Omar Khadr, it has not only been one chance that has come around, but several – and each time, those who have been in power have failed to seize the opportunity.

Khadr’s trial had begun in August of this year, but is currently on hiatus until October 18th, giving his lawyer time to recover from a medical emergency. While this delay prolongs the uncertainty of Khadr’s fate, it also has given the Canadian government one of the last chances it may ever receive to do the right thing: repatriate Khadr back to Canada. This call should have been made years ago, but governments past and present have been hesitant to make this move. As a result, it is not they who have suffered but Khadr, who has remained at Guantanamo Bay for eight years. Our lack of action has directly resulted in one the biggest injustices in Canadian history and this injustice still continues today.

It never had to be this way. The problem could have been solved years ago had we followed the already established international law on this matter which states that those under the age of 18 who are involved in armed conflict should not be punished for their actions, but rather should be rehabilitated and reintegrated back into society. Khadr’s case is no different. Rather than being punished for allegedly killing a US solider, he should have been brought back to Canada, his home and rehabilitated. This is the law and Canada has recognized this law – so why haven’t we exercised it?

If Khadr goes back to court in October and is convicted of the charges against him, what will we have proved? That we can ignore international law if it doesn’t suit us? That we can simply ignore a Canadian citizen when he is in distress? That we support the process of justice in a place like Guantanamo Bay? This is not the Canada I know. We are better than this; we are above this.

I plead with the Canadian government to ask the United States for Khadr’s return immediately. Our embarrassing track record on this matter must end. Someone needs to end this charade now and do what is right, do what is just. This two month grace period that has been given to us before Khadr’s trial once again resumes is the perfect opportunity to do the right thing. Please, let us not waste it.


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