Canada’s courts won’t be a willing party to the United States or any other country abusing our citizens, even in the battle to thwart terror. That’s the welcome message Superior Court Justice Christopher Speyer has sent by refusing to extradite Abdullah Khadr to Boston for trial on terror charges.
American officials violated so many of Khadr’s constitutional rights in their dealings with him in Pakistan that extraditing him would have eroded confidence in our justice system, Speyer ruled last week in quashing the bid. He said he hoped to deter “similar abuse in the future” and to dissociate our courts from such misconduct. “In civilized democracies, the rule of law must prevail over intelligence objectives,” he noted.
Back in 2004, Pakistani security detained Khadr in Islamabad at the behest of the U.S., which planned to squeeze him for intelligence. He was held in an “arbitrary and illegal” manner for 14 months. He was beaten and otherwise abused, denied legal counsel and intimidated. This made his admissions of wrongdoing “manifestly unreliable,” Speyer ruled. His right to speedy consular access was denied. And the U.S. frustrated Canadian efforts to bring him home.
On his return to Canada in 2005, the Boston court indicted him for allegedly arming Al Qaeda in Afghanistan after 9/11, based on his admissions. Canadian police arrested him, and he has been battling extradition ever since. Now Khadr is a free man.
This is a stern but deserved rebuke not only to Washington but also to Ottawa, which supported the U.S. request.
Ironically, Speyer’s ruling comes as Omar Khadr, Abdullah’s younger brother, is about to stand trial before a discredited U.S. military tribunal for killing a U.S. soldier.
Granted, Abdullah Khadr did himself no favour on his return to Canada when he admitted to having ties with top Al Qaeda figures and to buying weapons. He now contends he told police what he thought they wanted to hear, for fear of being sent back to Pakistan.
Whatever the truth, the U.S. offences were so egregious that Speyer was right to quash the extradition.
Canadians should take comfort in knowing that our courts are prepared to stand up for elementary human rights even in the war on terror. That protects us all.
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