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UNCLAS SECTION 01 OF 02 OTTAWA 000828 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER PGOV CA
SUBJECT: CONSERVATIVES AGAINST RETURN OF DETAINEE 
 
¶1. (U) Summary: Conservative MPs on June 17 defended the 
government's refusal to press for the repatriation of Canadian 
citizen detainee Omar Khadr from Guantanamo Bay, emphasizing that he 
posed a risk, that prosecuting him in Canada was unlikely to result 
in a conviction, and that he would inevitably re-establish ties with 
his extremist family.  Their arguments appeared in a minority 
dissenting appendix to a Commons Foreign Affairs Committee report 
which had advised the government to press the United States to agree 
to the repatriation of Khadr.  End summary. 
 
 
¶2.  (U) The House of Commons Foreign Affairs and International 
Development Committee on June 17 reported the findings of a study by 
its Sub-committee on Human Rights on the detention and prosecution 
of Omar Khadr.  The Sub-committee began the study in March and held 
six hearings, which included testimony from human rights groups and 
Khadr's Canadian and U.S. lawyers.  The Sub-Committee and the main 
Committee split along party lines.  Opposition MPs hold a majority 
on both Committees, and overruled the minority Conservatives, who 
objected to the study.  Conservative members refused to endorse the 
Committee report and attached a dissenting report setting out one of 
the most detailed public explanations to-date of the government's 
position on Omar Khadr.  Meanwhile, On June 18, the Senate passed a 
separate, non-binding motion that urged the government to negotiate 
Khadr's immediate repatriation and develop a plan for his 
rehabilitation. 
 
Committee Calls for Return of Khadr 
----------------------------------- 
 
¶3.  (U) The main Committee report concluded that Omar Khadr should 
have been considered a "child involved in armed conflict," and 
afforded the special protection outlined in the relevant UN 
Conventions and Canadian policies on child soldiers.  The 
non-binding report made numerous demands on the government: to call 
for the immediate termination of U.S. Military Commission 
proceedings against Khadr; to express its objection to the United 
States of the latter's claim to the right to detain him as an enemy 
combatant; to demand Khadr's repatriation to Canada; to consider the 
possibility of prosecuting him in Canada; and to develop appropriate 
security and rehabilitation measures to re-integrate Khadr into 
society, including placing any "judicially enforceable conditions" 
on his conduct. 
 
Conservative Dissent 
-------------------- 
 
¶4.  (U) In their dissenting report, Conservative members accused 
opposition parties of downplaying Khadr's alleged crimes and 
pursuing a "one-dimensional" approach that portrayed Khadr as a 
"victim."  They argued that it was hard to differentiate between the 
present government's position and that of the previous Liberal 
government, attributing the new-found interest of Liberal members in 
Khadr's well-being to "the potential for political gain." 
Conservative MPs said the government had "serious concerns" about 
Khadr, that the risk he posed as an alleged terrorist was unknown, 
that trying him in Canada would pose serious and "unprecedented" 
issues, and that it was unlikely he would ever be convicted in 
Canada.  They also noted that if he returned to Canada, Khadr would 
have "no recourse" other than to reestablish ties with his extremist 
family. 
 
¶5.  (U) Government members argued further that Canada should strike 
the right balance between individual rights and national security, 
Qthe right balance between individual rights and national security, 
and fulfill its obligation to contribute to the international 
struggle against terrorism.  They warned that the Khadr case could 
be perceived by other countries as a "litmus test" of Canada's 
commitment to impeding global terrorism.  They also emphasized that 
witnesses had shown there was nothing in international law, U.S. 
law, or Canadian law, that barred the prosecution of a minor for war 
crimes, and stated that, of 1351 Canadians repatriated to Canada 
since 1978 under Transfer of Offenders Treaties, all had first been 
tried and convicted abroad. 
 
Comment 
------- 
 
¶6. (SBU) Like the Senate resolution, the House Committee report and 
the Conservative dissenting report constitute non-binding advice to 
the government.  The House Committee will most likely forward its 
report to the Commons floor for further debate in the fall sitting 
of Parliament.  This, in turn, will probably result in a "sense of 
the House" non-binding resolution.  End comment. 
 
¶7.  (U) The entire report is available on the Internet at: 
 
OTTAWA 00000828  002 OF 002 
 
 
http://cmte.parl.gc.ca/cmte/CommitteePublicat ion.aspx? 
SourceId=244375 
To use the above web address remove the space between the ? and 
Source and paste the address into your web browser. 
 
 
WILKINS