I believe that even as I write this, the Supreme Court of Canada is in session to hear the federal government's appeal of a lower court decision instructing the government to repatriate Omar Khadr. Meanwhile the Toronto Star reports an announcement by American authorities that Khadr will face a trial by military commission.
Oddly enough, though, in that same announcement by American authorities we're told that five of the detainees currently held at GTMO will face a trial in civil court where the U.S. Attorney General, Eric Holder, is confident that the "ultimate punishment" will be meted out. Why the different treatment for different prisoners?
"The only conceivable basis for prosecuting cases in the discredited military commission system is that the administration lacks the confidence that it can obtain a conviction in the legitimate courts," said the ACLU's Ben Wizner.
The phrase in common usage is "forum shopping." If the Obama administration isn't confident of the outcome in civil court, they're relying on the military commissions for a guilty verdict. And if a military commission won't guarantee the wanted outcome, there's always indefinite detention at Bagram.
It's almost as though the White House wanted to send a reminder at just the right time that the legal process to which our federal government wants to leave Omar Khadr's fate is a sham.
The level of deference shown by the Supreme Court to the American government and judiciary is deeply disturbing. To think that the PM is also forcing his authority over the SCC is mind-boggling (he's behaving as if he's PM for life). If the extraterritorial applicability of the Charter is disavowed where does that leave the rest of us? What was the quid pro quo between Harper and Obama?
They don't need a reminder, pogge. The government knows it's a sham. They just don't give a shit.
In fact, it would not surprise me (though I have no proof) that the Obama administration is sending Khadr on to a tribunal as a favor to Harper, so he doesn't have to ask for Khadr's return.