Should Omar Khadr be charged with High Treason?

According to the Criminal Code of Canada:

46.

(1) Every one commits high treason who, in Canada,
(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

(3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,
(a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1);

47.

(1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

Omar Khadr questions for Jack Layton, Stephen Harper and Michael Ignatieff

Mr. Layton, now that Omar Khadr is a convicted and sentenced murderer, do you believe that a future Canadian government will owe an official apology to him? And since you’re running to be Prime Minister, will you take the initiative to do so should you lead a future government?

Mr. Harper, your government acted in concert with opposition parties to expedite legislative reform on pardons earlier this year. Given Khadr’s sentence and reported plea deal, what is your government going to do on judicial reform to delay his repatriation? What was your government’s role (if any) in the plea negotiation? If the government had a role, what were its objectives and how probable was an alternative less desirable outcome?

Mr. Ignatieff, which is the travesty of justice in your view? The detention, trial, conviction and incarceration of Omar Khadr? Or that Omar Khadr will only serve what is projected by some to be two years of a 40 year sentence for murder that was handed down by a jury in a US military tribunal today?

UPDATE: The NDP’s justice critic Joe Comartin is on the record regarding his party’s position (pre-conviction and sentencing),

“The thing they should do is (give him) a whole chunk of money, much as they had to (with) Maher Arar, because there is nobody who believes Omar Khadr has any chance of being acquitted in a military tribunal and he will probably be sentenced to a lengthy period of time inprison in the U.S.,” he said. “They could compensate him for all those years that he is going to lose.”

Ironic press release of the day

The Liberal Party put out this release today:

OTTAWA –The Harper government must stop their ongoing complicity in human rights abuses against Omar Khadr by bringing him back to Canada, Liberal MPs said today.

“An independent report has just found that Canada’s spy agency failed to take human rights concerns into account when interrogating Mr. Khadr,” said Liberal Consular Affairs Critic Dan McTeague. “This finding strengthens the case for bringing Mr. Khadr home and calls for stronger government oversight on how CSIS conducts its business.”

SIRC, which is the oversight body that monitors the work of CSIS on behalf of Parliament, reported this week that CSIS ignored human rights concerns when interrogating Omar Khadr at Guantanamo Bay prison.

Ah yes, who was the minister responsible for CSIS at the time of Omar Khadr’s interrogation? Khadr was interrogated and filmed by CSIS during February 2003. Wayne Easter was solicitor general of the Liberal government at the time.

Here’s CP:

OTTAWA — Canada’s spy watchdog says the Canadian Security Intelligence Service may need major changes after finding it ignored concerns about human rights and Omar Khadr’s young age in deciding to interview the Toronto-born teen at a U.S. military prison.

By Liberal logic, if the “Harper government” is complicit to human rights abuses by not bringing Khadr home, the Liberals are most complicit for having ministerial oversight over CSIS when the alleged abuse took place.

And then, the Liberals go on to lecture the Conservatives (their leader is a human rights expert, so I’m told):

Liberal Foreign Affairs Critic Bob Rae said the Harper government’s record on standing up for Canadian citizens abroad shows that they either don’t care about the expectations of a “contemporary democratic society,” or they don’t understand them.

“Whatever the case, it is unacceptable, and their complicity in human rights violations around the world must stop,” said Mr. Rae, adding that Public Safety Minister Peter Van Loan’s response to the report was highly inadequate. “Our laws make it very clear how Mr. Khadr should have been treated. Clearly, there needs to be better oversight on how CSIS conducts its business overseas. And clearly he must be brought home.”