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HeywoodFloyd Token Right-Wing Mascot
Joined: 11 Apr 2006 Posts: 1198
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Posted: Wed Nov 19, 2008 5:06 pm Post subject: |
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| Diane Demorney wrote: | For the record, I'm backing TS. on this. I've been very busy at work lately, and have acquired a new family via Heywood Floyd... long story. The girls are doing very well, btw, Heywood. R. has decided that behind my flat-screen monitor is the bestest place in the world for a snooze. And M. thinks my bed is her's. ALL my bed. |
AARGH! I missed this post. R would love that spot. She used to sleep on top of my receiver because of the heat. |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Wed Nov 19, 2008 5:33 pm Post subject: |
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| Senor Magoo wrote: | | Certainly it looks more sensible, to the average person, than simply repatriating him so that the Khadrs can be reunited as one big happy "Al Qaeda family" again. |
It all went right over your head again, didn't it? _________________ Man! I hate them fancy-lads! |
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Senor Magoo He's got a big one

Joined: 11 Apr 2006 Posts: 8700
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Posted: Wed Nov 19, 2008 5:58 pm Post subject: |
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No, I just ignored your transparent attempt to make a li'l hay. _________________ ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Wed Nov 19, 2008 6:17 pm Post subject: |
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| Senor Magoo wrote: | | No, I just ignored your transparent attempt to make a li'l hay. |
?
Pot calling kettle?
Whatever. _________________ Man! I hate them fancy-lads! |
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The Evil Twin Stoned Immaculate

Joined: 11 Apr 2006 Posts: 3746 Location: Toronto
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Posted: Thu Nov 20, 2008 12:33 am Post subject: |
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| Quote: | | said Thomas Quiggin, Islamic radicalization expert and former Canadian intelligence officer. |
I'd like to know what the fuck an "Islamic radicalization expert" is and how one goes about getting such a gig? I recall that rightwingers like Rush Limpballs and Stun Media columnists in Canada looove to poke fun at how "the undeserving" (read - "leftwing minorities" or "women") get "affirmitive action" jobs like "multicultural diversity officer" (Limpballs always pronounces the jobs with such contempt in his voice too). Why aren't these idiots wondering about the terrorism paranoia that has gripped North America creating ridiculous sounding job descriptions for retired white intelligence officers named "Thomas Quiggen"?  _________________ I can't support bike lanes. Roads are built for buses, cars, and trucks. My heart bleeds when someone gets killed, but it's their own fault at the end of the day. - Assclown Rob Ford |
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sparqui Dog tired

Joined: 30 Apr 2006 Posts: 5152 Location: Winnipeg
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Posted: Thu Nov 20, 2008 12:51 am Post subject: |
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^^^ Right on ET.  _________________ “If my grandmother had wheels, she'd be a tractor.”
-- Gilles Duceppe |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Thu Nov 20, 2008 4:07 am Post subject: |
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| The Evil Twin wrote: | | Quote: | | said Thomas Quiggin, Islamic radicalization expert and former Canadian intelligence officer. |
I'd like to know what the fuck an "Islamic radicalization expert" is and how one goes about getting such a gig? I recall that rightwingers like Rush Limpballs and Stun Media columnists in Canada looove to poke fun at how "the undeserving" (read - "leftwing minorities" or "women") get "affirmitive action" jobs like "multicultural diversity officer" (Limpballs always pronounces the jobs with such contempt in his voice too). Why aren't these idiots wondering about the terrorism paranoia that has gripped North America creating ridiculous sounding job descriptions for retired white intelligence officers named "Thomas Quiggen"?  |
Reading about the mouth-breathers who sent Maher Arar, Abdulla Almalki, and several other Canadians to torture in Syria, based on imaginary ties to Al Qaeda, I'd guess that "Islamic Radicalization Experts" know exactly sweet fuck all about ANYTHING. _________________ Man! I hate them fancy-lads! |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Tue Jan 13, 2009 3:58 am Post subject: |
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Romeo Dallaire has headed to Washington to lobby for Khadr's release on the grounds that he was in effect a child soldier. He says he's not getting anywhere with the Harper government. I know people round here have been up and down on Dallaire, but good for him, he's really taken on this issue and is pushing it.
| Quote: | ... "The reason I'm down here is because I've gotten nowhere with the Canadian government," said Dallaire.
... "If we take Omar Khadr back, we take one of [Obama's] problems away. I mean, we alleviate the situation for him where he doesn't have to look at a case of a Canadian child soldier being prosecuted in a process that is considered to be inappropriate," said Dallaire.
... At a news conference, Dallaire said he has received no help from the Canadian government in his attempts to aid Khadr, and suggested Prime Minister Stephen Harper's lack of action in the case was "unstatesmanlike."
... The Toronto Star reported on Monday that documents obtained through access to information requests show a rift between the prime minister's public stance on the Khadr case and that of federal lawyers.
The newspaper said the documents showed that the lawyers repeatedly raised concerns about Khadr's prosecution in the U.S. because he was only 15 years old when captured.
Dallaire noted that Canada has ratified the Optional Protocol to the Convention on the Rights of the Child, an international law saying children under 18 years old involved in armed conflict should be rehabilitated rather than prosecuted. |
CBC. |
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Who's Your Daggy? Banned sock-puppet
Joined: 12 Dec 2008 Posts: 94 Location: Vancouver
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sparqui Dog tired

Joined: 30 Apr 2006 Posts: 5152 Location: Winnipeg
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Posted: Tue Jan 20, 2009 1:11 am Post subject: |
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So when a frightened and seriously injured 15 year old gets tortured you actually believe that what he says is the truth? Give your head a shake. _________________ “If my grandmother had wheels, she'd be a tractor.”
-- Gilles Duceppe |
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Who's Your Daggy? Banned sock-puppet
Joined: 12 Dec 2008 Posts: 94 Location: Vancouver
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Posted: Tue Jan 20, 2009 3:38 am Post subject: |
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| I guess not... I'm just kind of wondering... you're probably right, though. Probably not worth giving a second thought. |
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transplant Starting Over Again
Joined: 11 Apr 2006 Posts: 1710 Location: somewhere between here and there
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Posted: Tue Jan 20, 2009 2:09 pm Post subject: |
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Good point made this am on CBC Radio 1 by an author who has been following the Arar and Khadr stories:
Since Obama has said he will close down Gitmo and bring the detainees to US soil and into the US justice system he will almost certainly suspend the military commissions as well, and very likely that he will ask Stevie to take Khadr off his hands as well. With the inauguration today, this was their last chance to use Khadr to get this smear of Arar into the record and into the public mind. |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Tue Jan 20, 2009 3:09 pm Post subject: |
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OMFG: If somebody was wrongly accused of child molestation, was famously sent to prison and infamously beaten there for being a disgusting child molester, and then turned out to be completely innocent and successfully sued their former accusers for wrongful imprisonment and the resulting pain and suffering, ... would it be responsible to, years later, print the unfounded allegations of, say, a homeless schizophrenic person, that the person in question did, in fact, molest children?
Of course not.
So where the fuck does the CBC get off repeating the words of an obviously delusional and incompetent CIA agent (delusional because he imagines that his revolting lies mean anything to sane people) saying that Omar Khadr picked Maher Arar from a group of photographs stating that he saw him at a terrorist training camp in Afghanistan?
Arar's life was first destroyed when he was identified by another innocent Canadian who was being tortured in Syria at the behest of Canadian "intelligence" agencies for having an out-of-date tourist map of Ottawa in the glove compartment of his delivery truck. Under pressure from Arar's magnificent wife Monia Mazigh and several other fine people who make this a country worth living in, Arar's case was investigated by the Honourable Justice, Dennis O'Connor, who determined unequivacably that Arar was an innocent man whose rights were cruelly violated and he was awarded $10.5 million in compensation for those outrages.
For some reason, the CBC and other media outlets still saw fit to publish the information that Omar Khadr identified him from a photograph while being interrogated in Camp X-Ray at Guantanamo Bay. This, in spite of the fact that it is known beyond a shadow of a doubt that Khadr has been tortured. In spite of the fact that it is known that evidence obtained under torture is worthless because people will say anything to stop the torture.
Perhaps I should call up the CBC and tell them there's still people talking about the Jews staying home on 9-11 2001, and they could put on the top of their website. Talk about it on the evening news. Shit, why don't I just torture somebody in my basement until they admit that Stephen Harper raped them, and then I'll call their Ottawa correspondent with the "news"?
In short, how completely stupid and/or callous do you have to be to publish garbage like that? How ignorant of journalistic standards do you have to be? Shame on everyone in the mainstream media who has been a party to this travesty!
For an indication of how loathsomely stupid these "journalists" and "editors" are to have relayed this information, let's note that the imbecilic Ezra Levant has also taken this story and waddled with it. In a sick sort of way, it's actually laughable that Levant believes this ridiculous garbage "vindicates" his failed line of toilet-paper, The Western Standard
Canadian Cynic mentions that even a really stupid, non-practicing lawyer should know better than to libel someone as a "liar" and hopes that Arar will sue Levant for having done just that in the title of his post. Indeed. I would like to see Arar sue every corporate media outlet that published this slander and reopened old wounds.
ETA: Dr. Dawg says what I've said and more, and also links to the Toronto Star speaking intelligently on the subject. Finally, Khadr's "information" was given out at Bagram Base in Afghanistan, not at Guantanamo. Both sites are notorious for torture. _________________ Man! I hate them fancy-lads! |
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swirrlygrrl Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 321
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Posted: Tue Jan 20, 2009 5:19 pm Post subject: |
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The Globe was at least good enough to point out that Khadr would have been 6 or 7 years old when he supposedly saw Arar at the safe house. So, now you've got torture and a memory that is 8 or 9 years years old. So close to convincing me!!  |
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Rufus Polson Purple Library Guy
Joined: 11 Apr 2006 Posts: 3483 Location: SFU and/or the college of Riddlemastery at Caithnard
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Posted: Wed Jan 21, 2009 12:36 am Post subject: |
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Since when do you respect the "average person" when they disagree with you, Magoo?
I'm not quite clear what the legal basis for all this stuff is supposed to be. He hasn't been convicted of any crime, he's just been held in illegal detention. He's a Canadian citizen and no longer a minor. If we get him back, under law I don't see what we can do to him against his will. Oh, wait, I see--
| Quote: | | One option would be to use a so-called "control order" under Canada's anti-terrorism law, which is a form of house arrest that places restrictions on suspects' movements and requires them to report daily to a police station. |
So, OK, there's a *legal* basis. Unconstitutional as hell, I suspect and strongly hope, but legal yes.
Now, I do think the kid probably needs a lot of counselling and some time with psychologists because he's gonna be dealing with a wicked case of PTSD and then some from having been imprisoned and tortured since he was fifteen.
And, he needs an education, with maybe an emphasis on critical thinking skills, philosophy and other arts-ish stuff. He needs the tools to come to grips with his situation.
But the last thing he needs is for any of that stuff to be imposed on him against his will, and I don't see what the hell business anyone has doing so.
On a side note--Khadr's mother strikes me as a foolish wingnut. But I gotta say I agree with her fundamentally about one thing:
| Quote: | | "It's a war. What do you expect [Omar] to do — put his hand up in the air and surrender? They killed three of his friends. He killed one. Big deal," Zaynab Khadr |
Assuming he did kill the guy, which seems to be in doubt, that's always been pretty much my take. Go in somewhere shootin' and it's not murder when someone tries to kill you back. |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Wed Jan 21, 2009 1:18 am Post subject: |
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I typed a comment to Ezra Levant's site, wherein he called Arar a "liar" (and made pathetic attempts to celebrate The Western Standard's past "reporting"), I said: "I can't decide whether you're more sleazy than you are stupid."
It hasn't been posted yet. _________________ Man! I hate them fancy-lads! |
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Diane Demorney Bazinga!

Joined: 11 Apr 2006 Posts: 4746 Location: Calgary
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Posted: Wed Jan 21, 2009 5:35 am Post subject: |
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| thwap wrote: | I typed a comment to Ezra Levant's site, wherein he called Arar a "liar" (and made pathetic attempts to celebrate The Western Standard's past "reporting"), I said: "I can't decide whether you're more sleazy than you are stupid."
It hasn't been posted yet. |
As I know Ezra, I don't think it's an either/or situation. _________________ Scissors cuts paper. Paper covers rock. Rock crushes lizard. Lizard poisons Spock. Spock smashes scissors. Scissors decapitates lizard. Lizard eats paper. Paper disproves Spock. Spock vaporizes rock. And as it always has, rock crushes scissors. |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Wed Jan 21, 2009 5:52 am Post subject: |
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But which afflicts the horribly stupid dude worse? I think it's an open question. _________________ Man! I hate them fancy-lads! |
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Hephaestion Deeply Shallow

Joined: 11 Apr 2006 Posts: 24243 Location: Where the Wild Things Are...
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Posted: Wed Jan 21, 2009 11:12 am Post subject: |
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| thwap wrote: | | But which afflicts the horribly stupid dude worse? |
Don't you mean which afflicts US worse? _________________ "The dignity of an animal is measured by his capacity to revolt in the face of oppression." -- Mikhail Bakunin |
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Hephaestion Deeply Shallow

Joined: 11 Apr 2006 Posts: 24243 Location: Where the Wild Things Are...
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Posted: Wed Jan 21, 2009 9:00 pm Post subject: |
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Calls to bring Khadr home grow louder as Gitmo trial halts
| Quote: | Ottawa was reconsidering its long-standing reluctance to bring Omar Khadr home Wednesday as a military judge called a 120-day halt to the Guantanamo Bay prisoner's war-crimes trial at the behest of U.S. President Barack Obama.
Obama, his presidency just hours old, ordered prosecutors to request the hiatus late Tuesday in order to allow for time to review the case of Khadr and 244 other detainees held at this infamous prison, according to prosecution documents.
That move prompted signals from Defence Minister Peter MacKay that the federal Conservatives would take Obama's cue and re-examine the oft-repeated position that due process in the U.S. be allowed to run its course.
"Everyone involved in these cases will be reassessing their positions," MacKay said in Ottawa.
"As everyone knows, the charges that Mr. Khadr has been facing have been very serious charges ... regardless of where this happened and when it happened, that type of behaviour that has resulted in the charges is something Canadians would take a very dim view of."
Khadr's defence, which had earlier pushed hard for the charges to be stayed, did not oppose Wednesday's motion.
"The practical effect of this ruling is to pronounce this military process dead," Lt.-Cmdr. Bill Kuebler, Khadr's lawyer, said minutes after the judge, Col. Patrick Parrish, granted the continuance in a single-sentence ruling. |
_________________ "The dignity of an animal is measured by his capacity to revolt in the face of oppression." -- Mikhail Bakunin |
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TS. Delicious schadenfreude

Joined: 11 Apr 2006 Posts: 14585 Location: Toronto, ON
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Posted: Wed Jan 21, 2009 10:12 pm Post subject: |
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It seems that the testimony about Omar Khadr and Maher Arar is not so true:
| Quote: | The Globe and Mail An FBI agent's testimony that Omar Khadr said he saw Maher Arar in Afghanistan appeared significantly weaker yesterday than it did the day before - and, in the case of at least one key detail, at odds with reality.
Robert Fuller, a prosecution witness in the Pentagon's Guantanamo Bay case against Mr. Khadr, testified on Monday that Mr. Khadr, during a 2002 interrogation at Bagram Air Base in Afghanistan, identified a photo of Mr. Arar and said he had seen him in a Kabul safe house run by an alleged terrorist. But defence lawyers yesterday produced a report written by Mr. Fuller in which he states that Mr. Khadr told him he saw Mr. Arar in Afghanistan in September or October of 2001.
The problem is, Mr. Arar was in Canada in October, 2001, as the Arar commission's findings clearly show. U.S. authorities also know he was in California the previous month.
Under cross-examination yesterday by Mr. Khadr's U.S. military defence lawyers, Mr. Fuller admitted that Mr. Khadr could not immediately name Mr. Arar, but that agents gave him "a couple of minutes maybe" to think about it.
Mr. Khadr's interrogation at the hands of Mr. Fuller began on Oct. 7, the day before U.S. authorities transferred Mr. Arar to the Middle East. It appears that the entire Oct. 7 interrogation was focused on Mr. Arar, and that Mr. Khadr's information became one of the "multiple sources" of intelligence the U.S. Department of Justice used to defend its claim that Mr. Arar is a member of al-Qaeda, and its decision to send him to Syria in October of 2002.
It was almost exactly one year earlier - when Mr. Fuller said Mr. Khadr told him he saw Mr. Arar in Afghanistan - that the Mounties were running surveillance on an Ottawa exporter, Abdullah Almalki, who was spotted meeting Mr. Arar at a restaurant that Oct. 12. The RCMP spent the next month digging into Mr. Arar's life, including running periodic surveillance on him and his house.
But after a month's investigation they "observed nothing unusual" and moved on. No criminal allegations arose in Canada. Regardless, through a remarkable set of circumstances, both Mr. Arar and Mr. Almalki were jailed the next year in Syria, where they were interrogated by the same military squads. |
More at the link. _________________ "Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear." - Thomas Jefferson |
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Rufus Polson Purple Library Guy
Joined: 11 Apr 2006 Posts: 3483 Location: SFU and/or the college of Riddlemastery at Caithnard
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Posted: Thu Jan 22, 2009 4:31 am Post subject: |
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| Sounds an awful lot like one of those "Yes, I'll identify whoever you want just stop hitting me" kinds of "identifications". |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Sat Apr 04, 2009 1:46 pm Post subject: |
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Ah, hell, the Pentagon has fired Omar Khadr's lawyer, William Kuebler. Who knows what the ins and out of this really are, but Kuebler was very vocal in pushing for a proper trial for Khadr, for the Canadian government to take any responsibility for him, and to get real evidence introduced in the military trial.
| Quote: | He had become the most vocal opponent of Omar Khadr's trial, taking a position more akin to politician than lawyer and launching a two-year campaign that landed him on the front pages of newspapers and inside magazines.
But U.S. Navy lawyer Lt.-Cmdr. William Kuebler's role as the Pentagon-appointed defender of 22-year-old Khadr came to an end yesterday when he was fired from the case.
An internal investigation by Guantanamo's Chief Defence lawyer, Col. Peter Masciola, had been launched into Kuebler's conduct in February following months of backroom fighting among the Pentagon's defence team. Kuebler had accused Masciola of a "conflict of interest."
An email sent last night by Guantanamo's deputy chief defence lawyer, Michael Berrigan, said Kuebler was dismissed for the improper supervision and management of Khadr's defence team.
... Reached at his office yesterday, Kuebler said he could not comment. A press release, issued on his behalf, lashed out at Masciola, saying he was acting "to support the agenda of military prosecutors." |
Toronto Star. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Wed Apr 08, 2009 2:03 am Post subject: |
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Oho! And the judge in the tribunal has reinstated Kuebler. Seems Hizzoner feels the Pentagon had no authority to fire him.
Quite the soap opera going on. Remind me when Guantanamo is supposed to be shut down?
| Quote: | A Guantanamo judge has reinstated Omar Khadr's chief military lawyer, Navy Lt.-Cmdr. Bill Kuebler, ruling that his superior did not have the power to fire him.
... Air Force Col. Peter Masciola, Guantanamo's chief defence lawyer, said he plans to appeal the decision.
"We believe the military judge has erred as a matter of law," stated an email sent from Guantanamo by deputy chief defence lawyer Michael Berrigan.
Berrigan said the one-page ruling issued yesterday by Army Col. Patrick Parrish "did not review or make any determination concerning the underlying merits of Colonel Masciola's removal of Lt.-Cmdr. Kuebler for good cause" but stated that only "the military judge may authorize the removal of a detailed counsel." |
Toronto Star |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Thu Apr 23, 2009 9:58 pm Post subject: |
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Wonder if Stephen Harper is going to ignore the federal court, too. Because they've just told him to request that Khadr be returned to Canada asap.
Harper's going to "study the decision." Yeah, right. Because he went on to say that he was "obviously" going to seek an appeal.
| Quote: | ... Federal Court Justice James O'Reilly ruled toay that Ottawa must request that the "United States return Mr. Khadr to Canada as soon as practicable."
O'Reilly wrote that Canada's "ongoing refusal" to request that Khadr be sent home "offends a principle of fundamental justice" and violates his constitutional rights.
Prime Minister Stephen Harper, questioned in the Commons this afternoon on whether he will finally seek Khadr's return, said his government will study the decision.
He reminded the Opposition his government took the same position as the previous Liberal government when it came to Khadr's legal situation.
"In fact, the facts in our judgment have not changed. We will be looking at the judgment very carefully and obviously considering an appeal," Harper said. |
Toronto Star. |
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bshmr Fulltime enMasse Member
Joined: 22 Aug 2006 Posts: 4004 Location: Central USA, Earth
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Posted: Thu Apr 23, 2009 10:11 pm Post subject: |
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| Well, I can imagine the diatribe if an South American President had said that under similar circumstances, or Carribian head-of-state. Don't y'all regret electing Harper dictator? |
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Cartman Beyond cuddly

Joined: 11 Apr 2006 Posts: 8635 Location: OMG! They killed Jason Kenney!
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Posted: Thu Apr 23, 2009 10:15 pm Post subject: |
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| I think Harper might be making history here. Have the courts ever had to waste money telling the PM to do his job before? Conservatives are fundamentally lazy and they waste money. |
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thwap Fulltime enMasse Member

Joined: 12 Apr 2006 Posts: 4564 Location: Hamilton
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Posted: Thu Apr 23, 2009 10:45 pm Post subject: |
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"lazy money-wasters" ... that about says it. Such contemptible scum. _________________ Man! I hate them fancy-lads! |
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Sifo-Dyas Fulltime enMasse Member

Joined: 14 Apr 2006 Posts: 390
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Posted: Fri Apr 24, 2009 12:24 am Post subject: |
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If Omar Khadr is repatriated, I assume that he and his family will then sue the Government of Canada for damages, monetary compensation, etc.
When Maher Arar sued, the Government of Canada settled for $10 million (given their track record at losing in the courts, Harper must have concluded that the government lawyers in the Department of Justice would not be able to win at trial).
If they sue, I wonder how much the Khadr family will get? |
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TS. Delicious schadenfreude

Joined: 11 Apr 2006 Posts: 14585 Location: Toronto, ON
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Posted: Fri Apr 24, 2009 1:13 am Post subject: |
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| Sifo-Dyas wrote: | If Omar Khadr is repatriated, I assume that he and his family will then sue the Government of Canada for damages, monetary compensation, etc.
When Maher Arar sued, the Government of Canada settled for $10 million (given their track record at losing in the courts, Harper must have concluded that the government lawyers in the Department of Justice would not be able to win at trial).
If they sue, I wonder how much the Khadr family will get? |
They would be entitled to a substantial judgement, and the behaviour of the Canadian government in this case might be found sufficiently egregious to justify punitive damages. The non-pecuniary damages would be astronomical. _________________ "Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear." - Thomas Jefferson |
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sam Fulltime enMasse Member
Joined: 21 Jun 2006 Posts: 465
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Posted: Fri Apr 24, 2009 3:05 am Post subject: |
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| TS. wrote: | | Sifo-Dyas wrote: | If Omar Khadr is repatriated, I assume that he and his family will then sue the Government of Canada for damages, monetary compensation, etc.
When Maher Arar sued, the Government of Canada settled for $10 million (given their track record at losing in the courts, Harper must have concluded that the government lawyers in the Department of Justice would not be able to win at trial).
If they sue, I wonder how much the Khadr family will get? |
They would be entitled to a substantial judgement, and the behaviour of the Canadian government in this case might be found sufficiently egregious to justify punitive damages. The non-pecuniary damages would be astronomical. |
There isn't much of a precedent for courts awarding substantial monetary awards for Charter violations. So this could be a precedent-setting case if it got that far. I'm not sure about the Crown's liability in private law terms - it's possible, of course, but tricky to establish. |
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Cartman Beyond cuddly

Joined: 11 Apr 2006 Posts: 8635 Location: OMG! They killed Jason Kenney!
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Posted: Fri Apr 24, 2009 4:02 am Post subject: |
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http://www.thestar.com/specialsections/article/623291
| Quote: | A Federal Court has ordered Stephen Harper to seek the immediate return of Omar Khadr from the cells of Guantanamo, but the Prime Minister has refused to comply.
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But when questioned in Commons Thursday about whether he will seek Khadr's return, Harper said his government's position remains the same.
"The facts in our judgment have not changed. We will be looking at the judgment very carefully and obviously considering an appeal," Harper said.
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Apparently, Harper will not accept the court's ruling and will appeal the decision. Is the dude cracked? Does he not see the polls showing he is losing considerable support? I don't get this. |
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TS. Delicious schadenfreude

Joined: 11 Apr 2006 Posts: 14585 Location: Toronto, ON
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Posted: Fri Apr 24, 2009 4:05 am Post subject: |
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I don't think it is the Charter violation that would attract the judgement so much as the various heads of civil liability. Just to start with, there is negligent misrepresenation, and more likely slander and defamation for the statements put about by government sources about him. The liability of the government could be established through vicarious liability on the Bazely v. Curry test, given that the spokespersons who spread this information were certainly acting in the course and scope of their employment.
There might also be a civil action for torture, given the role of the Canadian state in aiding and abetting his torture. Bouzari v. Iran seems to establish that there is likely a cause of action in torture, but simply that you have to sue the state you are claiming against in their own courts or the doctrine of sovereign immunity will quash the case. The cause of action isn't well enough developed yet, but if he sued the government in torture, it could go a long way toward elaborating that test. _________________ "Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear." - Thomas Jefferson |
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Sifo-Dyas Fulltime enMasse Member

Joined: 14 Apr 2006 Posts: 390
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Posted: Fri Apr 24, 2009 4:14 am Post subject: |
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| sam wrote: | | There isn't much of a precedent for courts awarding substantial monetary awards for Charter violations. So this could be a precedent-setting case if it got that far. I'm not sure about the Crown's liability in private law terms - it's possible, of course, but tricky to establish. |
Then why did Harper settle the Maher Arar case for $10 million?
Whether the case is based on a violation of the Charter or traditional tort law, isn't the basic concept the same: if a Canadian citizen is accused by a foreign government of being a terrorist and is imprisoned in the foreign country, the Government of Canada can be liable for monetary damages if it doesn't do enough to bring the Canadian citizen back to Canada?
If Arar was able to get $10 million from the Government of Canada for being falsely imprisoned as a terrorist by Syria, I don't know why William Sampson doesn't sue the Government of Canada for being falsely imprisoned as a terrorist by Saudi Arabia. |
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TS. Delicious schadenfreude

Joined: 11 Apr 2006 Posts: 14585 Location: Toronto, ON
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Posted: Fri Apr 24, 2009 4:22 am Post subject: |
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In the Arar case, the government of Canada was clearly complicit. From what I can tell, there is no allegation that the Canadian government was complicit in having Mr. Sampson falsely imprisoned or tortured. _________________ "Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blind-folded fear." - Thomas Jefferson |
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No Yards Glutton for Punishment

Joined: 11 Apr 2006 Posts: 2944 Location: Toronto Ontario
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Posted: Fri Apr 24, 2009 2:11 pm Post subject: |
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I'm betting "Canada's new government" will fight whatever case they are going to fight (be it to keep Khadr from returning to Canada, or to defend against a law suit) based on the "fact" that Khadr is a "liar", and that if he hadn't of "lied" under torture then none of this would have happened ... hell, I'll bet they even make the claim that Khadr's "lies" are responsible for Arar's predicament, and that Khadr should be responsible for paying back that $10M. _________________ I follow, but more importantly, respect the Golden Rule. I fully and completely respect your right to be 'done on to' as you would 'do on to' others. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Sat May 09, 2009 1:32 am Post subject: |
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And you would be right. Rather than actually doing what they should, the federal government has decided to appeal the judicial ruling that they should do the bare minimum that should be expected by every Canadian citizen, let alone one who was incarcerated at 15.
Why? What exactly are they afraid of?
| Quote: | The federal government has decided to file an appeal rather than abide by a judicial order to seek the return of Omar Khadr, jailed in a Guantanamo Bay prison, to Canada.
In an Ottawa courtroom, federal lawyer Elizabeth Richards made a casual reference to the Khadr appeal while presenting arguments in a completely separate application regarding the repatriation of Abousfian Abdelrazik, who has been living inside the Canadian embassy in Sudan for more than a year.
There was no formal announcement made publicly of the decision. The federal government had up to 30 days to file an appeal.
Canadian lawyer Nathan Whitling, acting for Khadr, confirmed the appeal was filed in an email to the Star. |
Toronto Star. |
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Hephaestion Deeply Shallow

Joined: 11 Apr 2006 Posts: 24243 Location: Where the Wild Things Are...
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Posted: Sat May 09, 2009 3:05 pm Post subject: |
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| Quote: | | Canadian lawyer Nathan Whitling, acting for Khadr, confirmed the appeal was filed in an email to the Star. |
You can file an appeal now by e-mailing the Toronto Star ?!
Tsk tsk tsk... sloppy writing... _________________ "The dignity of an animal is measured by his capacity to revolt in the face of oppression." -- Mikhail Bakunin |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Sun May 24, 2009 4:40 am Post subject: |
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Seems Harper hasn't bothered to check if Omar Khadr is one of the 50 detainees who are being cleared for release.
| Quote: | ... "I have no information to that," said Harper, who spoke to reporters following a funding announcement in Calgary.
The prime minister was asked about Khadr, a Canadian citizen, in the wake of U.S. President Barack Obama's announcement Thursday of his plans for the roughly 240 prisoners still being held at the American military base in Cuba.
Obama, who wants the prison closed by 2010, said his administration has reviewed the cases of 50 detainees who "can be transferred safely to another country."
... Lt.-Cmdr. William Kuebler, Khadr's military lawyer, said Thursday he doesn't believe Khadr is on the list. |
CBC. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Tue Jun 02, 2009 12:33 am Post subject: |
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Khadr tried to fire his American military lawyers, because it seems they're spending all their time fighting with each other. He wants his Canadian lawyers to represent him. The judge said no.
| Quote: | Canadian Guantanamo Bay detainee Omar Khadr asked a judge Monday to dismiss his U.S. military lawyers because he said he has lost trust in them after seeing their squabbling over his case.
"I can't trust these lawyers," said Khadr, 22, who had a full black beard and wore a white prison jumpsuit. "They've been accusing each other for the last four months and fighting in front of me."
The Toronto-born Khadr — who was 15 years old when he was detained in 2002 on allegations he killed a U.S. soldier in Afghanistan — said he trusts only his Canadian lawyers, and he wants them to choose who should defend him against war crimes charges that include murder and conspiracy.
... Masciola had replaced Kuebler with Cmdr. Walter Ruiz, a reservist recently called to active duty. Both Kuebler and Ruiz were in court Monday as Parrish refused Khadr's request to dismiss them, saying the detainee had to choose one of the attorneys before he could speak to Canadian lawyers Dennis Edney and Nathan Whitling. |
CBC. |
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Hephaestion Deeply Shallow

Joined: 11 Apr 2006 Posts: 24243 Location: Where the Wild Things Are...
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Posted: Tue Jun 23, 2009 4:36 pm Post subject: |
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Feds appeal court order to bring Khadr home
| Quote: | Federal lawyers are appealing a court ruling that ordered the government to seek Omar Khadr's return from Guantanamo Bay.
The federal government has filed an appeal of a Federal Court ruling that it seek the return of Khadr, 22, from the U.S. military prison in Cuba. Judge James O'Reilly ruled in April that the Conservative government's refusal to demand repatriation of Khadr offends fundamental justice.
The judge ruled that the government must ask the United States "as soon as practicable" to send Khadr home.
Opposition parties have demanded that Khadr be brought home and tried in Canada, if necessary, in light of the court decision.
[...]
Government lawyers were in court appealing the Khadr ruling days after Ottawa reversed its position on another Canadian jailed abroad.
The government said last week it would follow the Federal Court's order to let Abousfian Abdelrazik, a Montreal man jailed in Sudan, return to Canada. |
_________________ "The dignity of an animal is measured by his capacity to revolt in the face of oppression." -- Mikhail Bakunin |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Fri Jul 17, 2009 5:28 pm Post subject: |
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CSIS has just had their collective wrists slapped. Doubt that it'll amount to anything but it will probably help bolster the case that Khadr should be assisted by our government.
| Quote: | ... In a report tabled with the government this morning, the Security Intelligence Review Committee said CSIS had "operational interests" to interview Khadr. But the service was criticized for not having special guidelines for dealing with youths and ignored widespread reports of abuse of Guantanamo's detainees.
"The time may have come for CSIS to undertake a fundamental reassessment of how it carries out its work, and to shift its operational culture to keep pace with recent political and legal developments," wrote Gary Filmon, Chair of the Security Intelligence Review Committee in a statement.
... Their [SIRC] investigation disclosed for the first time quotes from a post-interrogation report written by a CSIS agent. He wrote that Khadr viewed the activities of his father "through the eyes of a child."
"It should be noted that (Khadr) was 15 years of age when captured, and most of the critical years in his father's association with Al Qaeda figures took place when he was merely a child," wrote the agent.
The SIRC report concluded: "In Canadian society, there is long-standing recognition that young people should be treated differently than adults because they have not attained certain decision-making skills and therefore require special protection and guidance."
A spokesperson for Public Safety Minister Peter Van Loan said that the government is "reviewing the SIRC report with interest."
"As you know, it deals with events that took place under the previous Liberal Government," noted spokesperson Chris McCluskey. |
Lots more at the Toronto Star. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Fri Aug 14, 2009 12:23 pm Post subject: |
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The Federal Appeal Court is going to rule today as to whether or not to uphold the order that the Conservatives must intervene in Khadr's case.
While I'm glad we have the courts to help out with this, it makes how many cases now that they have held the Conservatives to account over a case of a Canadian in trouble in another country? Three? Four? How long should we put up with a government that blatantly flouts the laws of Canada and the international human rights treaties that we have signed?
| Quote: | A Federal Appeal Court is to decide Friday whether to order the federal government to press for the return of Omar Khadr from a U.S. military detention centre in Guantanamo Bay, Cuba.
In April, Federal Court Justice James O'Reilly ruled in favour of Khadr's charter challenge of the Canadian government's decision not to request his repatriation from Guantanamo Bay.
The federal government appealed the decision and has long maintained that because of the seriousness of the charges, Khadr should face military proceedings in the United States.
In his 43-page decision, O'Reilly wrote that the federal government's ongoing refusal to request his repatriation to Canada "offends a principle of fundamental justice and violates Mr. Khadr's rights. |
CBC. |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Fri Aug 14, 2009 3:48 pm Post subject: |
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And the appeal court has upheld the ruling: The Cons must now get to work on getting Omar Khadr home.
About. Fucking. Time.
Want to bet the Conservatives take this to the Supreme Court?
| Quote: | ... The Federal Court of Appeal ruled today that the government offered no compelling reasons why it should not comply with an order to request that Khadr, 22, be repatriated to Canada.
"There is no legal or factual foundation upon which this Court can conclude that the decision not to request Mr. Khadr's repatriation is justified," the court ruled.
... The Tory government has refused to ask that Khadr be returned to Canadian custody, both because of his age — he was captured after a firefight in Afghanistan at age 15 and has been held in Cuba for seven years — and because of the treatment he has received while in U.S. custody.
... One of the government's most pressing arguments in refusing to comply with the Federal Court decision has been the assertion that the federal cabinet alone has responsibility for making foreign policy decisions, a jurisdiction that no court should be able to limit or sway.
"There is no factual basis" for that claim in Khadr's case, the appeal court ruled.
"In the unusual circumstances of this case, it was reasonable ... to conclude that being ordered to make such a request of a close ally is a relatively small intrusion into the conduct of international relations." |
Toronto Star. |
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Cartman Beyond cuddly

Joined: 11 Apr 2006 Posts: 8635 Location: OMG! They killed Jason Kenney!
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Posted: Tue Aug 25, 2009 3:15 am Post subject: |
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| Quote: | | Want to bet the Conservatives take this to the Supreme Court? |
Yup.
http://www.cbc.ca/canada/story/2009/08/24/conservatives-khadr.html
I don't understand this. Why not just get him here and deal with him? Is this because we don't have laws dealing with this sort of thing? Or, are they trying to avoid the use of law entirely?
I am not sure Harper really wants to win this one. It seems to have rather negative long-term consequences. |
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Maestro Fulltime enMasse Member
Joined: 11 Apr 2006 Posts: 2356 Location: Vancouver
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Posted: Tue Aug 25, 2009 4:56 am Post subject: |
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Well, the Harper government is going to lose this one. There is no way any court in this land could allow the rights of citizenship to be subject to the whims of a foreign country.
The first duty of a national government is to the citizens of the nation. All other considerations come after that. They're going to lose this one, and they're going to look like shit while they do. _________________ On the wilds of the Drive |
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Tehanu More or less, more or less

Joined: 12 Apr 2006 Posts: 17640 Location: Seceded from the Ford Nation
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Posted: Tue Aug 25, 2009 3:44 pm Post subject: |
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| That is so embarrassing. A government that has courts telling it to take care of its citizens, and appealing that. Again. Do they think this issue is just going to go away? |
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thorin_bane Member

Joined: 29 Jul 2006 Posts: 51
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Posted: Fri Aug 28, 2009 1:54 am Post subject: |
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Funny how the party of Law and Order hates it when they don't agree with the LAW. I think they are just trying to wait till he gets a trial in the states or outright dies(accidentally). 7 Years and no trial. Longer than the americans were in WWI WWII and Korea all combined.
Don't we have rules about a speedy trial. If he comes home he will be free and the government both lib and con will be looking very bad on this file. They don't know what to do with it hence the reason they aren't acting. Besides even if he had been charged and some how found guilty(even as an adult) of murder(even in war as a soldier) he would have been through almost 1/3 of his imprisonment by now and eligible for parole. And by all accounts was a model inmate with no likely hood to re-offend.
He would be paroled next year. The law suit that will come from this will be huge. This is the problem they face, better to take the flak from outside the country where he doesn't have a voice than going through a civil trial while having an election to remind people how awful and vile your attitude is.
Funny they got that white chic out of mexico in a hurry though. Also got the guy from newsweek out pretty fast, once someone pointed out his occupation that is. _________________ Ready for the revolution. |
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Rufus Polson Purple Library Guy
Joined: 11 Apr 2006 Posts: 3483 Location: SFU and/or the college of Riddlemastery at Caithnard
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Posted: Fri Aug 28, 2009 5:12 pm Post subject: |
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| thorin_bane wrote: | | Longer than the americans were in WWI WWII and Korea all combined. |
Oh, that makes it sound so long, but it's only true because the Americans were such wimp-outs with no stomach to stand up to Hitler or the Kaiser. |
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anne cameron Fulltime enMasse Member
Joined: 12 Apr 2006 Posts: 3079 Location: tahsis, british columbia
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Posted: Sat Aug 29, 2009 6:34 am Post subject: |
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But very quick to invade Panama...or any other little place with no hope in hell of defending itself.
Bullies are like that though, I find. |
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