Stephen Harper and Omar Khadr were born in the same place -- Toronto -- 27 years apart.
Harper, partly by the happy accident of the kind of family he was born into, went on to become prime minister of his country. Khadr, partly by the unhappy accident of the kind of family he was born into, has been in captivity in Guantanamo Bay, Cuba for more than one-third of his life.
Many believe that both Harper and Khadr -- and anyone else born in Canada for that matter -- should always be able to count on the kind of justice system we have in this country. Indeed, Harper is availing himself of Canada's justice system. He has sued some Liberals for saying nasty things about him. Khadr, on the other hand, is accused of murder and war crimes allegedly committed when he was 15-years-old but Canada's justice system has never had a chance to adjudicate the merits of these charges. (Ironically, Khadr is suing Harper for the right to have his charges adjudicated here.)
Khadr, you'll remember, was arrested by U.S. troops when he was 15 on a battlefield in Afghanistan. Canada's government -- the government Harper now leads -- was the first country in the world to agree that 15-year-olds, no matter what they were doing on a battlefield and no matter whether they were part of a national army or not, are, by definition, victims of war crimes and not perpetrators of war crimes. This is the other great irony here: The first child - Khadr -- to be charged with a war crime is a citizen of the first country in the world to sign the UN "Protocol on the Involvement of Children in Armed Conflict", which, some legal beagles say, defines anyone under the age of 18 involve or recruited to particpiated in an armed conflict as a victim of a war crime.
This, I should note, is not a Conservative or Liberal thing. Neither prime ministers Harper, Chretien nor Martin ever asked Khadr's jailers and accusers -- the Americans -- if Canada could have him back so that Canada's justice system can examine the actions of one of their own citizens under the laws that govern all Canadian citizens.
The Khadr debate, it seems to me, is not a debate about the rightness or wrongness of an individual. The crimes he is accused of and may very well be guilty of are heinous and repugnant. To me, this is an issue about Canada's sovereignty. Is Canada willing to allow someone born in the same city as its prime minister to be tried and punished by a court in another country when Canada, through the United Nations and elsewhere, has signed international treaties claiming jurisdiction?
This is no longer an academic question of course. With President Barack Obama's decision to close the jail Khadr has spent one third of his life in, Harper and Canada must soon decide what to with Omar Khadr. The editorial writers at The Calgary Herald have something to say on this issue today.
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