GUANTANAMO BAY, CUBA – The Canadian government is reassessing its position on the case of Omar Khadr now that the prosecution of the Toronto-born captive hangs in the balance and U.S. President Barack Obama has ordered the Cuban prison shut by next year.

Defence Minister Peter MacKay announced the possible shift in Ottawa's long-held policy to not interfere this afternoon.

Prime Minister Stephen Harper had come under renewed pressure to negotiate Khadr's return following the suspension earlier today of the Canadian's war crimes trial.

"There is now no excuse, no reason whatsoever, for the prime minister to do what really – in our view – has always been the right thing and intervene and get Omar Khadr, this Canadian citizen, back to Canada for the help and support that he needs," Navy Lt.-Cmdr. Bill Kuebler, Khadr's Pentagon-appointed lawyer said before MacKay's statement.

In the 6-½ years since Khadr was shot and captured in Afghanistan at the age of 15, he has faced three military judges, had three teams of U.S. lawyers represent him, had his charges dropped and then re-instated three times and undergone hundreds of hours of interrogation where he claims he was tortured.

Now 22, Khadr has spent a third of his life in U.S. custody.

The long legal saga here took what might be the final turn today with Obama's request to halt Khadr's trial – and all other trials under way here – for 120 days.

The newly sworn-in president asked prosecutors to request the delay so there is "time to review the process." Military judges presiding over Khadr's case and that of the alleged 9/11 conspirators agreed to the delay.

The Pentagon is currently pursuing 21 prosecutions under the Military Commissions Act, the Congress-endorsed legislation that was signed into law by former U.S. President George W. Bush in October 2006. Guantanamo's chief prosecutor said as many as 80 of the remaining 245 prisoners here could be charged with war crimes.

Khadr faced five offences, including "murder in violation of the laws of war" for the death of U.S. Delta soldier Christopher Speer.

Khadr's lawyers did not object and Army Col. Patrick Parrish, the military judge presiding over the case, issued a written ruling this morning that suspended the case until May.

"It is a major positive step in the right direction," said Jamil Dakwar, director of the human rights program at the American Civil Liberties Union.

"Over the next 120 days, we trust that the Obama administration will be studying and finalizing plans and a timeline for permanently closing Guantanamo, shuttering the military commissions, and ensuring justice is served in the best of American traditions.

"Omar Khadr should be either granted fair trial in federal court or sent back to Canada for rehabilitation and reintegration into society consistent with U.S. treaty obligations."

For now, however, his case is back in a legal limbo.

Harper had repeatedly said he will not interfere in the Americans' handling of the Khadr case or request his repatriation, as other governments have done for their citizens.

Last week, the prime minister said Guantanamo's closure did not automatically mean Khadr would be sent home. "He has been accused of very serious matters. And there is a legal process that has to be taken," Harper said.

Kuebler argued that in practical terms, that legal process was now over while "technically" it's true that the trial is only suspended.

"This really is a moment that Prime Minister Harper can seize to finally do the right thing after this young man has faced this ordeal for six and a half years," Kuebler said.

Scott Newark, a former Crown Prosecutor who has also served as a security advisor to both the Government of Ontario and former Public Safety Minister Stockwell Day, said in an interview with the Toronto Star said that he agreed now is the best time to exert influence over Khadr's fate.

Calling Khadr a "low level foot soldier with a high level pedigree," due to his late father's connections to Al Qaeda, he said a plan should be in place to slowly re-integrate Khadr back to Canada.

"The Canadian government better realize one way or another, the ball is coming back to our court and this government and Prime Minister Harper should be asked: `Are we prepared?' "

However, a senior Harper aide insisted the position of the federal government had not changed and refused to say whether the Conservatives were making contingency plans for Khadr's return to Canada.

"We are watching with interest developments in the United States but Mr. Khadr has been charged with serious crimes and the guilt or innocence of those crimes should be determined through a judicial process, not a political one," said Kory Teneycke, director of communications for the prime minister.

"We are just not going to get into hypotheticals around different scenarios. We'll simply wait and see what comes forward from the United States around this issue," he said. "We'll address other questions if and when they arise.

He reiterated the government line that Khadr is facing "very serious charges" while refusing to address comments from Khadr's lawyer that Ottawa should be negotiating the young man's return to Canada.

"We are watching with interest what happens in the United States. This is one of many delays in terms of the judicial process . . it is not for politicians in our system to determine the guilt or innocence of any individual. It's through a judicial process," he said.

Obama ordered the closure of Guantanamo's prison by the end of the year through a separate executive order filed today.

"In the view of the significant concerns raised by these detentions, both within the United States and internationally, prompt and appropriate disposition of these individuals currently detained at Guantanamo and closure of the facility would further the national security and foreign policy interests of the United States and interests of justice," the order stated.

Loading... Loading... Loading... Loading... Loading... Loading...

It's not clear where the prisoners who will be tried will be moved.

And it's not certain that Khadr's case will not be one recommended for prosecution in the United States.

Layne Morris, a Utah Special Forces soldier who was injured during the firefight where Khadr was captured, said he is eager for a trial.

"I think it's a grave error to just release that man. I think the security implications are huge and I don't think that's the thing to do. I also don't think it's the thing to do from a criminal justice stand point," Morris told the Star.

"I don't care if they shut down Guantanamo, it's just a place," he said. "To me, the issue is what do we do with these people and whether they're held in Guantanamo or some other prison, the issue is we don't need to cut them lose and say have a nice life and sorry for all the inconvenience."

Another hurdle concerns the notorious reputation of Khadr's family. There has not been overwhelming sympathy for Khadr's case in Canada, mainly due to his late father's admitted ties to Osama bin Laden and public comments made by his siblings and mother.

One rehabilitation program for Khadr, which was endorsed by Ottawa's foreign affairs parliamentary committee, suggested that Khadr sign a court-ordered peace bond that would stipulate he undergo psychiatric and religious counseling and have limited access to his family.

Khadr's sister Zaynab said yesterday in a telephone interview that she was disappointed by this suggestion but would abide by whatever conditions were imposed to get him home.

"I don't feel very happy about it, he's my brother," she said. "But at the end of the day, he is the one who has to make that decision."

Khadr's Canadian lawyer Dennis Edney arrived here yesterday to spend time with Khadr. A Canadian foreign affairs representative is also in Cuba to conduct what the U.S. military calls "welfare visits" with Khadr.

Hilary Homes of Amnesty International said she would like to see a clearer message from the Canadian government on the issue.

"We'd like to see a much clearer message from the Canadian government about the need for all governments to uphold their international obligations," said Homes, who campaigns on security and human rights for the organization.

She noted Obama has described water boarding as torture and has expressed his commitment to close the prison.

"We'd really like to see the Canadian government making stronger commitments themselves about respect for human rights in the context of security," Homes said. "These aren't opposing concepts. They're complementary concepts and we'd like to see a stronger position from the Canadian government on that."

She said she views suspending the military commissions as a positive step that will have implications for the Khadr case.

"I think it does provide a fresh opportunity to talk to the U.S. about what should happen in this case. . .I think one of the things that is clear is that the solution for closing Guantanamo will have to be an international solution and Canada needs to become part of that," she said.

With a files from Joanna Smith, Bruce Campion-Smith and Canadian Press

Read more about: