Tilted Forum Project Discussion Community  

Go Back   Tilted Forum Project Discussion Community > The Academy > Tilted Politics


 
 
LinkBack Thread Tools
Old 01-30-2010, 12:41 PM   #41 (permalink)
Sober
 
GreyWolf's Avatar
 
Location: Eastern Canada
Quote:
Originally Posted by Baraka_Guru View Post
GreyWolf: I don't understand your response. You don't agree with the Supreme Court decision that Khadr's rights were violated? You don't think CSIS et al are bound by the Charter in this case, dealing with a Canadian citizen?

....

There is no longer any reason why Khadr should remain in U.S. custody. He should be extradited to Canada and held accountable to our own justice system. Justice in American hands has failed...miserably.
No, I agree wholeheartedly that his rights were violated. I disagree completely with the cowardly, unacceptable, and poorly reasoned decision that the Supreme Court cannot order the government to live up to its duties to protect the rights of Canadian citizens, which is what the decision boils down to. They hid behind an illogical arguement that somehow that would be dictating or interfering with foreign policy.

The rationale is so weak as to be facetious, and is simply an abdication of responsibility on the part of the court.

The government and CSIS ARE indeed bound by the charter, and their violations thereof must be censured and corrected. The court chose to say the former, but not the latter.
__________________
The secret to great marksmanship is deciding what the target was AFTER you've shot.
GreyWolf is offline  
Old 01-30-2010, 02:27 PM   #42 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Quote:
Originally Posted by GreyWolf View Post
No, I agree wholeheartedly that his rights were violated. I disagree completely with the cowardly, unacceptable, and poorly reasoned decision that the Supreme Court cannot order the government to live up to its duties to protect the rights of Canadian citizens, which is what the decision boils down to. They hid behind an illogical arguement that somehow that would be dictating or interfering with foreign policy.

The rationale is so weak as to be facetious, and is simply an abdication of responsibility on the part of the court.

The government and CSIS ARE indeed bound by the charter, and their violations thereof must be censured and corrected. The court chose to say the former, but not the latter.
See, I think the issue is less to do with their cowardice or lack of logic and more to do with maintaining their role. I'm not sure the Supreme Court's jurisdiction is meant to go beyond interpreting the Constitution, the Charter of Rights and Freedoms, etc. To have them dictate the executive's actions in foreign policy, unless I'm mistaken, would be unprecedented. This ruling in itself is already unprecedented. It's a challenge to the executive to abide by their constitutional responsibility. To go against this ruling has far-reaching implications politically---domestically and internationally. (Harper is suffering already with the decision to prorogue parliament...the Liberals and the NDP have already gained in the polls.)

Going against the Constitution and the Charter of Rights and Freedoms isn't something a government does lightly, especially in the wake of a Supreme Court ruling. But what's not to say something further won't happen if the government ignores this ruling?
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
Old 01-31-2010, 08:00 AM   #43 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Do you really think that the liberals and the NDP would be so stupid as to make Omar Khadr and election issue? (Well, mabye the NDP, they might be that stupid.)

The vast majority of Canadians feel exactly as I do - Fuck him and his entire terrorist family. I am not a fan of Harper I can assure you. I think he's an arrogant controlling fucker. HOWEVER, if the liberals were to be so stupid as to make Omar Kahdr an elelction issue - I would vote for Harper in a nano second.

As far as I am concerned, the Kahdr family renounced their citizenship the second they took up arms against this country in this war. And we are at war folks. I know it might not seem like it while everyone seems to go about their regular lives uninterrupted, but we are at war. Don't forget that. And the Americans are taking this war far more seriously than we are. (BTW, there is discussion being carried on at the present time as whether or not Canadian law should be ammended to define instances in which an individual through his or her actions abroad effectively results in them losing their citizenship.)

At the very best, Omar Kahdr is no different than any number of common criminals on trial or being incarcerated in the United States at the current time. (There are lots of them and I don't see anyone crying about them.) And none of them took up arms as traitors against Canada.

At the end of the day, however, the Americans are not going to let him go. (Nor are they going to let any other of the Canadian common criminals in their justice system go.) They don't have to abide by our rules.

The American justice system is a fair justice system. It is not some kangaroo court. Omar Kahdr has skilled representation and he will be judged fairly by the American system. I truly have no doubt of that. If they decide to let him go - then he can go. If they decide that he is a murderer then that's what he is.

I don't weep for Omar Kahdr.

Last edited by james t kirk; 01-31-2010 at 08:07 AM..
james t kirk is offline  
Old 01-31-2010, 08:36 AM   #44 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
A vast majority? I don't think so. Canadians are split on whether Khadr should be brought here to face justice. The opposition doesn't even need to make this an election issue; there are enough Canadians who think this is getting ridiculous.

And despite what actions he took overseas, Khadr's still a Canadian citizen. You seem bent on keeping the perspective merely on him, but as I said this is not just about him; it's about how we conduct ourselves legally and morally. Those forty some odd percent of Canadians who want to see due process of the law aren't necessarily "weeping for Khadr." Many of them (myself included) are concerned about how our government upholds that which is important to us: basic human rights and the due process of the law.

Khadr is in a legal limbo. That's bullshit and Canada needs to do something about it because we are responsible to ensure he gets what is due him with regard to his rights and the due process of the law. It's that simple.

This isn't just about him. It's about us as well. Are we upholding our values or not? It's bad enough that we have allegations of torture or the accessory to torture in other cases; this is just yet another issue that we need to address. This is not only because of some kind of sympathy for Khadr. It has more to do with whether we abide by our own laws.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
Old 01-31-2010, 09:18 AM   #45 (permalink)
Sober
 
GreyWolf's Avatar
 
Location: Eastern Canada
Quote:
Originally Posted by Baraka_Guru View Post
Going against the Constitution and the Charter of Rights and Freedoms isn't something a government does lightly, especially in the wake of a Supreme Court ruling. But what's not to say something further won't happen if the government ignores this ruling?
If that were the case, then I'd agree with you on this point. But the Supreme Court has said "you've violated the Charter of Maybes & Freedoms... shame on you". There is NO SANCTION, NO ORDER TO ABIDE, NOTHING!!

Our government broke our laws and constitution (through its agents), abdicated its responsibility to correct that and protect Canadian citizens, and the Supreme Court said you shouldn't have done that. It's NOT foreign policy. It's a total failure of the executive function in Canada, aided and abetted by the judiciary.
__________________
The secret to great marksmanship is deciding what the target was AFTER you've shot.
GreyWolf is offline  
Old 01-31-2010, 09:54 AM   #46 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:39 AM..
silent_jay is offline  
Old 02-01-2010, 09:37 AM   #47 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
"Our brother is being held in Guantanamo Bay based on the lies told by both the American and Canadian governments," she stated. "(An) election is the perfect opportunity to tell those politicians that we are not going to be their bogeyman any longer."

Zaynab Khadr and her mother Maha Elsamnah were vilified in Canada following a March 2004 CBC documentary entitled Al Qaeda Family. The story profiled Khadr's older brother Abdurahman but featured interviews with his sister and mother where they spoke with ambivalence about the 9/11 attacks and criticized Canada's liberal laws. Elsamnah said she would rather raise her children to fight than live in Canada where they could become homosexuals or addicted to drugs


Link:

Khadr family views won't help Omar, lawyer says - thestar.com

I don't see any large protests in the streets of Canada crying for the release of Omar Khadr, or in support of his terrorist family. I would argue that that lack of support would indicate that the vast majority of Canadians are indifferent at best. One could conduct a survey I am sure and depending on how you worded the question - the answer could go either way. From my point of view, the Question would be "Do you think that the Canadian government should intercede against the United States on behalf of one Omar Khadr who is being held by the American government after he was captured by NATO troops fighting for Al Qaeda in Afghanistan in fire fight where NATO troops were killed by said terrorists?"

I wonder how the "vast majority" of Canadians would answer that question.

You guys can write your own question from the NDP point of view. (Just so long as my question gets read to the people surveyed at the same time as your question.)

I don't see any large protests in the streets of Canada crying for the release of Omar Khadr, or in support of his terrorist family.

As an aside,

Interestingly enough, I cannot find a link to the famous "Al Qaeda Family" on the CBC. Perhaps it has been censored by the good folks at the CBC.

I respect your right to have your position on the issue, however, I strongly disagree with it. I find your position extremely naive. You are both very tolerant of a group of people who are very intolerant of you and would love nothing more than to see this Country and everything it stands for go up in a mushroom cloud. I am far more concerned about the average tax paying Canadian citizens who abide by our laws and find themselves out of work, or fighting for economic survival while doing the right thing than I am about Omar Khadr or his entire family.

Last edited by james t kirk; 02-01-2010 at 09:41 AM..
james t kirk is offline  
Old 02-01-2010, 09:52 AM   #48 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
They've already done surveys. As many as 40% want him brought here to face justice. And a sizable chunk are indifferent, leaving fewer who actually just want him to stay where he is. It's generally a split situation. There is no "vast majority." There isn't a majority of any stripe.

And I find nothing naive about upholding this nation's Constitution and Charter of Rights. It is naive to think that doing so will result in the tolerance of terrorism----or, as you suggest, in merely supporting such an initiative.

Bullocks.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot

Last edited by Baraka_Guru; 02-01-2010 at 09:57 AM..
Baraka_Guru is offline  
Old 02-01-2010, 10:12 AM   #49 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:40 AM..
silent_jay is offline  
Old 02-01-2010, 11:23 AM   #50 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Quote:
Originally Posted by Baraka_Guru View Post
They've already done surveys. As many as 40% want him brought here to face justice. And a sizable chunk are indifferent, leaving fewer who actually just want him to stay where he is. It's generally a split situation. There is no "vast majority." There isn't a majority of any stripe.

And I find nothing naive about upholding this nation's Constitution and Charter of Rights. It is naive to think that doing so will result in the tolerance of terrorism----or, as you suggest, in merely supporting such an initiative.

Bullocks.
As I said, it depends on how you ask the question. If you phrase the question from the point of view of Canada coming to rescue of one of its citizens, or you phrase it from the point of view of Canada expending a great deal of time and energy to rescue a terrorist. It's all in how you spin the question. Surely you know that.

There are something in the order of 400 Canadian Nationals being held in various jails for various crimes around the world.

What makes this one so special?

---------- Post added at 02:14 PM ---------- Previous post was at 02:13 PM ----------

Quote:
Originally Posted by silent_jay View Post
There have been protests, but as you said 'large' another generic term like 'vast majority' I suspect you'll just say 'they weren't 'large' enough.

Ummm I can't write anything from an NDP point of view, never voted NDP in my life so sorry.

Now we'll go with the fear position, maybe we should get us a terror alert traffic light like the US had/has.

This has what to do with anything? Oh no I can't find a documentary they're censoring it, I hate CBC, they're the devil.. Watch it on PBS instead, it's quite easy to find.
frontline: son of al qaeda | PBS
Actually I like the CBC.

NDP bias and all.

Thanks for the link.

---------- Post added at 02:23 PM ---------- Previous post was at 02:14 PM ----------

Quote:
Originally Posted by Baraka_Guru View Post
They've already done surveys. As many as 40% want him brought here to face justice. And a sizable chunk are indifferent, leaving fewer who actually just want him to stay where he is. It's generally a split situation. There is no "vast majority." There isn't a majority of any stripe.

And I find nothing naive about upholding this nation's Constitution and Charter of Rights. It is naive to think that doing so will result in the tolerance of terrorism----or, as you suggest, in merely supporting such an initiative.

Bullocks.
Our Charter of Rights and Freedoms does not apply around the world. We have no jurisdiction over the Americans. This has nothing to to with upholding the Constitution and the Supreme Court would agree.

Omar Khadr is not worth it.

Last edited by james t kirk; 02-01-2010 at 11:28 AM..
james t kirk is offline  
Old 02-01-2010, 11:35 AM   #51 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Quote:
Originally Posted by james t kirk View Post
As I said, it depends on how you ask the question. If you phrase the question from the point of view of Canada coming to rescue of one of its citizens, or you phrase it from the point of view of Canada expending a great deal of time and energy to rescue a terrorist. It's all in how you spin the question. Surely you know that.
Here is an example of wording:

Quote:
Conducted by Angus Reid Strategies for the Toronto Star, the survey shows 42 per cent of Canadians believe Khadr should be brought back to face "due process under Canadian law." That's up from 37 per cent of Canadians more than a year ago.

Almost an equal amount, 40 per cent, think Khadr should be left to face trial by military commission at Guantanamo Bay. About 19 per cent are unsure what the best option is.
Canadians still split on Omar Khadr, poll shows - thestar.com

So what you have is basically an even split between Canadians who want "due process under Canadian law" vs. "left to face trial by military commission at Guantanamo Bay." And then you have a third group half the size of each who are uncertain.

Quote:
Originally Posted by james t kirk
There are something in the order of 400 Canadian Nationals being held in various jails for various crimes around the world.
Not all cases have the same weight. I admit much of the attention on Khadr is a result of media/political profile, but then you have this situation where both the American and Canadian authorities have been found to have violated Khadr's rights. The main focus should be the fact that he remains in legal limbo. There is no guarantee that he is set to receive his due process under the law, which is what a lot of people are concerned with. Despite what you or others think about Khadr, his family, or the situation, we are still responsible, as a nation, to provide him with due process. He is technically a citizen of Canada. It is our responsibility.

If there are 399 other cases where our citizens are not provided with this due process, then they too should be on our radar. However, I'm not sure how many of them have had their rights violated by their own nationals.

So, despite how criminal Khadr may or may not be, it reflects badly on us if we do not ensure he is given his most basic rights. He's not guilty until he's had a trial that's determined as much.

---------- Post added at 02:35 PM ---------- Previous post was at 02:28 PM ----------

Quote:
Originally Posted by james t kirk View Post
Our Charter of Rights and Freedoms does not apply around the world. We have no jurisdiction over the Americans. This has nothing to to with upholding the Constitution and the Supreme Court would agree.

Omar Khadr is not worth it.
It applies to Canadian citizens and how our government and authorities conduct themselves with those citizens, and this is where Canada failed to uphold them.

We don't have jurisdiction over Americans, but there is something called international/foreign relations. That's how other nations extradited their nationals out of the travesty of justice that was going on in Guantanamo and into their own court systems.

Omar Khadr isn't worth what? Demonstrating that we value and uphold due process of the law—especially in the wake of a ruling by our top court that states rights were violated? What are you saying? The Supreme Court of Canada has ruled unanimously that the Canadian government violated the Charter of Rights and Freedoms.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot

Last edited by Baraka_Guru; 02-01-2010 at 11:41 AM..
Baraka_Guru is offline  
Old 02-01-2010, 03:36 PM   #52 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Ok, are you going to jump on this guy's band wagon too? (I'm not.)


Thai court jails pedophile arrested after INTERPOL global appeal

When you do, I'll take your protestations about poor Omar much more seriously. Omar is in the headlines because the left views him as some innocent victim of the George Bush Doctrine and have made him their poster boy. (I just don't happen to care about Omar. Which when you think about it is pretty friendly because "in the good ole days" Omar just would have been shot as the treasonous dirt bag that he is.)

Omar will get his day in court. I trust the Americans to do this much. If he's found "Not Guilty" then he's free to go where he wants or can. (Just hopefully not back to Canada.)

---------- Post added at 06:36 PM ---------- Previous post was at 06:28 PM ----------

Quote:
Originally Posted by Baraka_Guru View Post
Here is an example of wording:

Canadians still split on Omar Khadr, poll shows - thestar.com

So what you have is basically an even split between Canadians who want "due process under Canadian law" vs. "left to face trial by military commission at Guantanamo Bay." And then you have a third group half the size of each who are uncertain. .
See I read that article and I see that despite the NDP wording of the Question, 58% of Canadians don't want Omar back in Canada and only 42% do.

I guarantee you if you change your wording to something along the lines of my question, the numbers against repatriating Omar would tip to well into the high 60 percents or even higher.

I've travelled far and wide in Canada and I can assure you that Toronto is not the rest of the country (save Vancouver and Montreal). Go into the railway towns, the mining towns, the farming communities, the blue collar towns (you know, the places the Toronto Star doesn't call) and ask them about Omar Khadr and his terrorist family. I guarantee you that you will find no sympathy for him.

Last edited by james t kirk; 02-01-2010 at 03:44 PM..
james t kirk is offline  
Old 02-01-2010, 04:17 PM   #53 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Quote:
Originally Posted by james t kirk View Post
Ok, are you going to jump on this guy's band wagon too? (I'm not.)

Thai court jails pedophile arrested after INTERPOL global appeal
You mean the guy pursued by INTERPOL based on photographic evidence? The guy tried in a Bangkok court who pleaded guilty and received a reduced sentence? I'm not sure what the concern is here. He received his due process in a court system and now he's paying for the crime he committed. I'm not sure what you're getting at here; it seems like a bit of a red herring.

Quote:
When you do, I'll take your protestations about poor Omar much more seriously. Omar is in the headlines because the left views him as some innocent victim of the George Bush Doctrine and have made him their poster boy. (I just don't happen to care about Omar. Which when you think about it is pretty friendly because "in the good ole days" Omar just would have been shot as the treasonous dirt bag that he is.)
As I mentioned above, the case you linked isn't the same situation by a long shot. Khadr is in the headlines for a number of reasons, including but not limited to:
  • He was a minor at the time of his apprehension in a combat zone.
  • He was and is a subject of the deplorable operations of the Guantanamo Bay facilities and the American commission operating there.
  • The Canadian and American governments have both been found guilty of violating his rights by the Supreme Court of Canada. In Canada's case, specifically, his rights as protected by the Charter of Rights and Freedoms.
  • It has been 8 years, and there is yet to be any semblance of adequate due process of the law.
  • There is no indication whether he will face trial or a commission in a timely manner.

Quote:
Omar will get his day in court. I trust the Americans to do this much. If he's found "Not Guilty" then he's free to go where he wants or can. (Just hopefully not back to Canada.)
We don't know when or how, or whether it will be done so according to internationally acceptable legal processes. And I'm saying it's already too late for that; they fucked it up. Considering Canada's culpability in the inadequate handling of his capture, "interrogation," and now trial, I'm arguing that Canada has waited too long to take over just as virtually every other NATO/G8 nation has when it comes to those brought to Guantanamo.

Quote:
See I read that article and I see that despite the NDP wording of the Question, 58% of Canadians don't want Omar back in Canada and only 42% do.

I guarantee you if you change your wording to something along the lines of my question, the numbers against repatriating Omar would tip to well into the high 60 percents or even higher.
Where are you getting that 58% number? Because 42% want him processed here and 19% are unsure how it should be handled.

Quote:
"Do you think that the Canadian government should intercede against the United States on behalf of one Omar Khadr who is being held by the American government after he was captured by NATO troops fighting for Al Qaeda in Afghanistan in fire fight where NATO troops were killed by said terrorists?"
This question would introduce bias into any survey, btw. That's why they don't ask questions like that. If you like to call bias-neutral questioning "NDP questioning," then so be it. I just think that would be a misnomer; the NDP are far more socially progressive and activist than that.

Quote:
I've travelled far and wide in Canada and I can assure you that Toronto is not the rest of the country (save Vancouver and Montreal). Go into the railway towns, the mining towns, the farming communities, the blue collar towns (you know, the places the Toronto Star doesn't call) and ask them about Omar Khadr and his terrorist family. I guarantee you that you will find no sympathy for him.
Speaking of bias, I'm sure that going into white bread, blue collar towns to pick a sample would yield great results. In case you don't know, Angus Reid, though not at all perfect in their methods, chooses random samples and makes statistical adjustments to reflect the population of Canada when it comes to surveys like these. It's a common thing in statistics. This wasn't a survey of Torontonians.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot

Last edited by Baraka_Guru; 02-01-2010 at 04:20 PM..
Baraka_Guru is offline  
Old 02-01-2010, 05:04 PM   #54 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
One cannot expect the Canadian Gov't to ride to your rescue if you've committed an offense in a foreign jurisdiction. The Canadian Charter of Rights and Freedoms does not extend outside of Canadian boarders. The Supreme Court basically said exactly that. (Wouldn't it be grand if it did though.)

Most Canadian govts over the years have been consistant, if you do a crime in a country that has a "western" justice systyem you are on your own , they will recomend a reasonable local lawyer they know and monitor the situation but you get what you deserve. Omar finds himself in that situation.

We have repatriation treaties with some countries where if BOTH countries approve a convicted criminal is set home to finish his sentence , in some cases the request is refused due to our parol standards being too leniant.

But I will ask a very simple question then......

Name me one instance of where a Canadian has been arrested under the American Justice system and External Affairs Canada has interceded on his behalf and brought him back to Canada?

Just one example.

Omar will get his day in court. The wheels are currently in motion on that front. He has been provided with skilled representation (which he has fired) and new representation after that. As far as i am aware, they are working on their case (though their client has not been very co-operative).

Last edited by james t kirk; 02-01-2010 at 05:07 PM..
james t kirk is offline  
Old 02-01-2010, 05:54 PM   #55 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
I can't think of a situation off of the top of my head. However, Khadr's case isn't exactly typical. I am reminded of a number of cases, though, where Western nations extradited their nationals out of Guantanamo.

The role of the Charter in situations like this indicate that if a right of a Canadian citizen is violated and it happens to be outside of our boarders, this could require an extradition request. Since our aim is to uphold the contents of the Charter where our citizens are concerned, a violation of rights should put the government in a position where they do what they can to rectify it. And that was a ruling made last year by a federal court when they ruled in favour of forcing the Harper government to extradite Khadr (which was subsequently appealed).

For the record, these were the sections of the Charter that were pertinent to the ruling:
Quote:
Originally Posted by Charter of Rights and Freedoms
Democratic Rights
Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Legal Rights

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

[...]

Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Enforcement

Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
And so in this ruling, the "remedy" was to have the federal government extradite Khadr so that he could face actual justice.

I'm not viewing this as a "rescue." I'm viewing this as the government upholding a very important aspect of our nation. I view as important such things as due process of the law, the rule of law, and ensuring that when these things fail to happen that it is rectified.

The failure of the government to continue to ignore this is a bit unnerving. When the Supreme Court of Canada rules unanimously that the governement has violated to Charter of Rights and Freedoms and the government ignores it, what are we supposed to think?

There is far more evidence of Omar Khadr's abuse than there is of his committing the crime he is accused of.

Shall we just draw this to a close right now? Correct me if I'm wrong....
  • You are more concerned with terrorism than you are with a lawful society.
  • I am more concerned with a lawful society than I am with terrorism.
Is this why we are reaching an impasse?

You are, at least, more concerned with keeping an accused child soldier out of our system of law than you are with our government's refusal to uphold the Charter of Rights and Freedoms. I find that interesting and at least a little bit disconcerting.

It might be oversimplified, but, as roachboy says, this is a forum.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot

Last edited by Baraka_Guru; 02-01-2010 at 06:02 PM..
Baraka_Guru is offline  
Old 02-02-2010, 07:03 AM   #56 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Quote:
Originally Posted by Baraka_Guru View Post

Shall we just draw this to a close right now? Correct me if I'm wrong....
  • You are more concerned with terrorism than you are with a lawful society.
  • I am more concerned with a lawful society than I am with terrorism.
Is this why we are reaching an impasse?

You are, at least, more concerned with keeping an accused child soldier out of our system of law than you are with our government's refusal to uphold the Charter of Rights and Freedoms. I find that interesting and at least a little bit disconcerting.

It might be oversimplified, but, as roachboy says, this is a forum.
Now you're being silly.

I would argue that I AM MORE CONCERNED about a lawful society than you are since I am deferring to the law. There simply is no law in Canada that says that External Affairs will ride to your rescue if you are arrested elsewhere in the Globe. The Supreme Court of Canada has acknowledged that and ruled as such.

I do not consider Omar a "Child Soldier" since Canada did not put him in that position. His own mother and father did. You want to blame someone - blame them. Better yet, deport them.

Unless you can site other examples of where Canada has forced the US to hand over Canadian Nationals facing trial in the United States for fear of facing a kangeroo court, your arguement is based strictly on your passion and not the rule of law.

But I agree, you are never going to change my mind on this issue, nor is anyone else who weeps for Omar Khadr and his terrorist family. The entire point of me posting in this forum was to demonstrate in no uncertain terms to you and Silent Jay and anyone else who weeps for Omar Khadr that there is a huge silent majority of Canadians (like myself) who are connected to what's going on in Canada and the world and we do not agree with your position. You are not going to move me in the least and I am not going to move you. But at least you will KNOW that not everyone in Toronto thinks along the same lines as you.

If given the choice of whom to weep for - Omar, or the Canadian Soldiers he and his ilk are trying to kill - I choose the latter.

Last edited by james t kirk; 02-02-2010 at 07:09 AM..
james t kirk is offline  
Old 02-02-2010, 08:15 AM   #57 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Quote:
Originally Posted by james t kirk View Post
Now you're being silly.

I would argue that I AM MORE CONCERNED about a lawful society than you are since I am deferring to the law. There simply is no law in Canada that says that External Affairs will ride to your rescue if you are arrested elsewhere in the Globe. The Supreme Court of Canada has acknowledged that and ruled as such.

I do not consider Omar a "Child Soldier" since Canada did not put him in that position. His own mother and father did. You want to blame someone - blame them. Better yet, deport them.

Unless you can site other examples of where Canada has forced the US to hand over Canadian Nationals facing trial in the United States for fear of facing a kangeroo court, your arguement is based strictly on your passion and not the rule of law.

But I agree, you are never going to change my mind on this issue, nor is anyone else who weeps for Omar Khadr and his terrorist family. The entire point of me posting in this forum was to demonstrate in no uncertain terms to you and Silent Jay and anyone else who weeps for Omar Khadr that there is a huge silent majority of Canadians (like myself) who are connected to what's going on in Canada and the world and we do not agree with your position. You are not going to move me in the least and I am not going to move you. But at least you will KNOW that not everyone in Toronto thinks along the same lines as you.

If given the choice of whom to weep for - Omar, or the Canadian Soldiers he and his ilk are trying to kill - I choose the latter.
Okay, I think I get it. You don't seem to value the Charter in the wake of your being swept up in the whole GWOT. Either that or you simply wish to ignore or severely downplay the implications of the Charter when it comes to these issues for a reason unknown to me.

And by the way, your continuance to ignore or otherwise misinterpret my position, your misleading assumptions about the reasons for my position, and your appeals to pity reveal more about your own position than they do mine.

I kindly ask you to stop making conjectures about me to satisfy your own feelings about the issue.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot

Last edited by Baraka_Guru; 02-02-2010 at 08:17 AM..
Baraka_Guru is offline  
Old 02-02-2010, 01:10 PM   #58 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:41 AM..
silent_jay is offline  
Old 02-02-2010, 05:10 PM   #59 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Here's the facts:

1. The Supreme Court of Canada ruled that Canada has no jurisdiction to bring Omar home.

2. The Charter of Rights and Freedoms does not extend outside of Canada's political boarders.

3. Canada has NEVER interceded in the USA to bring a Canadian citizen back to Canada from the US to face trial here rather than in the US. Not once. (Neither of you can provide a single example.)

4. Omar will get his day in court. In fact it is scheduled for this July.

5. Omar has competent legal representation (free of charge in fact).

6. Omar has fired his court appointed legal team in the past resulting in delays in his case proceeding

7. Omar is not facing a kangeroo court.

I'm sorry, I missed your fact based arguements in all of this fun.

Ah yes, the "Child Soldier" angle, and the big bad "War on Terror"
james t kirk is offline  
Old 02-02-2010, 09:07 PM   #60 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
You're missing some facts.

...including such things as: evidence was extracted from Khadr while his rights were being violated and this (illegal) evidence could still be used against him in court. This means his rights are still being violated. You also failed to mention that in refusing to do anything, the Canadian government is essentially breaking the law and getting away with it.

You seem to be choosing only facts that are convenient to you, and some of them are debatable.

In answer to your question of extraditions to Canada from the U.S., I don't have this information readily available. But can you cite many examples where U.S. & Canadian authorities violated the Charter of Rights and Freedoms, whereby a top court unanimously ruled that such rights were violated and continue to be violated now and possibly in the future, and said court acknowledged that repatriation would be the logical thing to do? This is an unprecedented case, which is why there isn't an Internet rife with examples (i.e. it's not that a lack of examples proves anything).

Places such as Britain, Australia, and France have already done such a thing. They've all repatriated their nationals to their own justice systems, and they aren't the only ones to do it. (How is that for examples?) Why is it so difficult for you to accept this as a possibility? This is something the government should be doing if it respects the rule of law.

If the government decides to follow the rule of law (fancy that), they will need to do something to rectify the fact that they have violated the law. If, instead, they are willing to gamble that they won't lose too many votes by ignoring it, they can technically do just that. That is unless they are forced to by a court order. It's just that that hasn't happened here.

And your suggestion that Khadr isn't facing a kangaroo court is debatable, especially if the authorities decide to use illegally obtained evidence. If they use any evidence obtained while his rights were violated and/or they don't give him his full due process, it would pretty much be a kangaroo court indeed.

Repatriation of Khadr in the wake of this Supreme Court ruling would be a reasonable decision for the government to make.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot

Last edited by Baraka_Guru; 02-02-2010 at 09:11 PM..
Baraka_Guru is offline  
Old 02-02-2010, 10:34 PM   #61 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:41 AM..
silent_jay is offline  
Old 02-03-2010, 12:32 PM   #62 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
The ONLY arguement you could EVER make for Omar is that he is an enemy combatant and as such, he is entitled to protection under the Geneva Convention. (And the Americans DO NOT want to do that.)

My personal opinion is that those who are actually fighting NATO troops in Afghanistan are soldiers for the other side.

I do not agree with them being labeled as criminals. As long as they are grabbing a machine gun, or a rocket launcher and fighting other soldiers, then they are soldiers.

The only problem for Omar is that then makes him a Traitor and there are penalties for that too. Stiff ones. Further he becomes a POW and doesn't get released until the war is over and that might never happen.

Either way, Omar doesn't get a pass.
james t kirk is offline  
Old 02-03-2010, 02:16 PM   #63 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:41 AM..
silent_jay is offline  
Old 02-05-2010, 02:38 PM   #64 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
Hardly.

Let me explain it to you because to me, it's crystal.

Canada did not send Omar off to Afghanistan to fight with and for the Taliban. As such, we do not bear the guilt of whether or not he is a "Child Soldier" or any other kind of soldier for that matter. He is either a Traitor or a Murderer depending on your definition of whether he was a soldier or terrorist. I don't care how old he was at the time. As a soldier he gets to ride out the rest of the war in a POW camp (where he currently is and would most likely be there for a very long time as I don't see this war ending anytime soon) or as a terrorist he gets to face a trial and if found guilty will be sentenced according to US law.

My statement was that those fighting the NATO armies for the so called Taliban are soldiers because they are taking up arms against other soldiers. I don't see the traditional distinction that soldiers have to wear uniforms in order to qualify as soldiers under the terms of the Geneva Convention. Those who strap bombs to themselves and blow themselves up in crowded market places killing 23 civilians are terrorists.

(In my opinion.)

Whether Omar was 10 years old, 15 years old, or 25 years old is irrelevant to me. He was fighting against NATO soldiers. His family put him there, not Canada. He is either a Traitor and should be tried as such, or he gets to face an American Military Commission charged with murder as a Terrorist. Roll the bones whichever way you want, but the fact of the matter is that Omar isn't getting a pass because he was only 15 at the time. It may mitigate any determination of sentencing, however, that's not Canada' s jurisdiction.

Both the Supreme Court and as of yesterday, the Canadian Gov't have said so.

The Americans caught him, and the Americans are going to deal with him. Good enough for me.
james t kirk is offline  
Old 02-05-2010, 04:30 PM   #65 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:42 AM..
silent_jay is offline  
Old 02-05-2010, 05:13 PM   #66 (permalink)
Currently sour but formerly Dlishs
 
dlish's Avatar
 
Super Moderator
Location: Australia/UAE
jamestkirk, its quite simple...

you both agree that he's a soldier, so no bones there.

but if you were going to shout omar a fun day out and take him to the movies, and admittance for an adult was +18, would you buy omar an adult ticket?

two words really. child. soldier. denial does not make it go away
__________________
An injustice anywhere, is an injustice everywhere

I always sign my facebook comments with ()()===========(}. Does that make me gay?
- Filthy
dlish is offline  
Old 02-05-2010, 05:40 PM   #67 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:42 AM..
silent_jay is offline  
Old 02-13-2010, 02:29 PM   #68 (permalink)
Addict
 
I heard Omar Khadr is sueing Canada for 10 million.

I think he would fit right in the Rosedale section of Toronto with that type of coin.

Unless he buys his bud Osama bin Laden a new sand resistant dialysis machine.

Maybe all those who support his return can pass the hat around. Or maybe he will take the money and turn the terrorist training camp he trained at into a tourist destination.

Maybe have a drive in theatre too. And a Timmy's.

But I digress.
percy is offline  
Old 02-14-2010, 01:16 PM   #69 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
I think that all those who are advocating so strongly for his return to Canada should pay for his legal bills, the cost to the system, his lawsuit, and then when he's back in Canada, they should let him live at their house.

No?
james t kirk is offline  
Old 02-14-2010, 02:06 PM   #70 (permalink)
Currently sour but formerly Dlishs
 
dlish's Avatar
 
Super Moderator
Location: Australia/UAE
james, you're missing the point here again bud

members here arent advocating for his return but rather advocating for the rule of law. there's a difference. you've got to take personal issues away from this.

if he has been denied justice, he should be compensated for this, and thats for a judge to decide. if he's found guilty, throw the book at him. just give him his day in court.
__________________
An injustice anywhere, is an injustice everywhere

I always sign my facebook comments with ()()===========(}. Does that make me gay?
- Filthy
dlish is offline  
Old 02-14-2010, 02:12 PM   #71 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Quote:
Originally Posted by dlish View Post
james, you're missing the point here again bud

members here arent advocating for his return but rather advocating for the rule of law. there's a difference. you've got to take personal issues away from this.

if he has been denied justice, he should be compensated for this, and thats for a judge to decide. if he's found guilty, throw the book at him. just give him his day in court.
Hear, hear.

Let's not get too emotionally involved.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
Old 02-14-2010, 02:54 PM   #72 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:42 AM..
silent_jay is offline  
Old 03-03-2010, 04:19 PM   #73 (permalink)
Upright
 
Location: lotus land 3rd igloo on the right
now this topic has been ticking me off
for coming up to near a decade
yeah i know
a few more years
you get the gist
cbc a number of years ago had a article
entitled
the rehabilitation of omar kadhar
no longer it appears accessible
anyone else happen to save it?
__________________
never stop questioning,curiosity has its own rewards
mrmacq is offline  
Old 07-12-2010, 09:34 AM   #74 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:43 AM..
silent_jay is offline  
Old 07-12-2010, 09:46 AM   #75 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Damn... admitting guilt to take 30 years down to 5? It's difficult getting into the mind of a man who was tortured as a child soldier.

And, of course, the Harper government has already dropped the ball on the chance to repatriate him in the wake of the Supreme Court hearing.

No matter which way this goes, it's a shameful travesty of justice and human rights. It will forever be a stinking stain on Canada's global reputation. But, hey, our relations with the U.S. are doing all right, eh?
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
Old 07-12-2010, 12:16 PM   #76 (permalink)
Her Jay
 
silent_jay's Avatar
 
Location: Ontario for now....
...

Last edited by silent_jay; 02-10-2011 at 11:43 AM..
silent_jay is offline  
Old 07-13-2010, 05:20 PM   #77 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
For 4 of the 8 years Omar has been in jail the liberals were in power in Ottawa.

They no more wanted the little darling back than the conservatives.



Here's a photo of the little darling in Terrorist bomb making school - learning how to make IEDs to blow up Canadian Soldiers.



And here's our little darling posing with his AK-47......every terrorist needs an AK 47

Last edited by james t kirk; 07-13-2010 at 05:26 PM..
james t kirk is offline  
Old 07-13-2010, 07:28 PM   #78 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
Hey, it's a good thing we changed that rule about posting photos of minors on TFP; otherwise, we wouldn't be able to see your little darling.

Regardless, the Tories are in power and the Supreme Court made its decision.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
Old 07-14-2010, 12:16 AM   #79 (permalink)
The Death Card
 
Ace_O_Spades's Avatar
 
Location: EH!?!?
I'm having a really hard time understanding the weird legal loopholes Harper is jumping through in order to not recognize Omar Khadr as a child soldier during the period in question. His status as a child soldier is invoked independent of any alleged activity during a conflict in which a child soldier is in the field. This is without even addressing the torture post-capture.
__________________
Feh.
Ace_O_Spades is offline  
Old 07-14-2010, 04:02 AM   #80 (permalink)
warrior bodhisattva
 
Baraka_Guru's Avatar
 
Super Moderator
Location: East-central Canada
You're not supposed to understand it; it's a disgrace.
__________________
Knowing that death is certain and that the time of death is uncertain, what's the most important thing?
—Bhikkhuni Pema Chödrön

Humankind cannot bear very much reality.
—From "Burnt Norton," Four Quartets (1936), T. S. Eliot
Baraka_Guru is offline  
 

Tags
bring, home, khadr, omar

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -8. The time now is 12:33 PM.

Tilted Forum Project

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0 PL2
© 2002-2012 Tilted Forum Project

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360