This website archives information about the Omar Khadr case with a focus on legal aspects. If you would like to learn about the advocacy campaign to repatriate Omar Khadr to Canada and/or wish to get involved, we encourage you to visit the Omar Khadr Project, www.omarkhadrproject.com (Currently archived at the Internet Archive)

In 2002, Canadian Omar Khadr was captured by US forces in Afghanistan and transferred to Guantánamo Bay. He is alleged to have killed a US soldier during the battle that preceded his capture. He was fifteen years old when apprehended, and has now spent six years (a quarter of his life) in detention. The conditions of detention and the legal framework governing the treatment of detainees at Guantánamo Bay have been widely criticized inside and outside the United States as violations of international human rights, international humanitarian law, US military law, the US Constitution, and the rule of law. Omar Khadr is the only remaining citizen of a western state and NATO ally detained in Guantánamo Bay. The United Kingdom, France, Germany and Australia each successfully requested the return of their citizens and, in some cases, non-citizen permanent residents.

In March 2007, Professor Audrey Macklin hosted Omar Khadr's US defense team at the Law Faculty. Lt. Col. William Kuebler, Prof. Muneer Ahmad and Kristine Huskey addressed faculty and students about Omar Khadr's situation, then met with a group of local lawyers, graduate students, and NGO advocates to launch a Canadian campaign to raise awareness regarding the case of Omar Khadr and to advocate for his return to Canada. Since that strategy session, more individuals have become involved and we have undertaken several activities. In addition to publishing op-eds in Canadian newspapers, granting media interviews and holding press conferences, we have:

Delivered an open letter to Prime Minister Harper and then-Foreign Minister Peter Mackay, calling for Omar Khadr's repatriation, signed by over twenty present and former parliamentarians, and over a hundred Canadian academics, individuals and organizations

Organized an address by Lt. Col. William Kuebler to the Canadian Bar Association at the 2007 annual conference

Submitted an amicus brief on behalf of 32 present or former Canadian parliamentarians and over 60 legal academics to the United States Supreme Court in an appeal by several Guantánamo detainees (including Omar Khadr) challenging the legality of the denial of habeas corpus (Prof. Craig Forcese and Scott Christenson, counsel of record)

Submitted to the Military Commission an amicus brief on behalf of Canadian parliamentarians, Canadian and international legal academics, national and international legal associations, arguing that the procedures under the Military Commissions Act fail to respect minimum international guarantees applicable to children (18 January 2008).

Represented interveners in Khadr v. Canada on the issue of Canada's duty to disclose information obtained through the interrogation by Canadian officials of Omar Khadr at Guantanamo Bay; appeal to be heard by Supreme Court of Canada, 26, March 2008.

This website contains the open letter, the amicus brief, as well as background documents that provide context and legal analysis of relevant issues.

Background Information

Compiled by Canadian and US lawyers and advocates.

Legal documents

Plea Agreement, 24 October 2010

Pre-trial Agreement

Diplomatic Notes between United States and Canada

“Ottawa Agrees to Repatriate Omar Khadr”, Globe and Mail 1 November 2010

Canada

Khadr v. Canada (Prime Minister): Repatriation of Omar Khadr to Canada

Motions, Applications and Decisions

Evidentiary Record in Canada (Attorney General) v Khadr, Supreme Court of Canada, 13 November 2009

Note: These PDF files are very large.

Evidentiary Record in Canada (Minister of Justice) v. Khadr, 2008 SCC 28, 23 May 2008

Consolidated Evidentiary Record

Fresh Evidence filed by Respondent, Omar Khadr

United States

UK and Australia

Advocacy

Media Coverage, Op-Eds and Other Documents