Should Omar Khadr be charged with High Treason?

You forgot about section 48:
(1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

You can’t charge Khadr for treason because the statute of limitations has expired on the offense in question.

Also, note that section 46 does not include “allies of Canada” in its definition of treason. Khadr killed an American, not a Canadian.

You forgot about section 48:
(1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

You can’t charge Khadr for treason because the statute of limitations has expired on the offense in question.

Also, note that section 46 does not include “allies of Canada” in its definition of treason. Khadr killed an American, not a Canadian.

Wrong. That’s for (2)(a) which is Every one commits treason who, in Canada, uses force or violence for the purpose of overthrowing the government of Canada or a province;

That’s just straight treason. I’ve cited High Treason, which is in (1)

As for Khadr killing an American, this applies:

“assists an enemy at war with Canada”

Oh yes, he should be charged and that’s the only reason to bring him back to this country.
I’d go even further and charge his mother as an accomplice, she admitted she would be happy to have her offspring become martyrs. She also had to be fully aware of what her husband was up to when he took their young boys away from Canada.

Please don’t let’s hear any more bleating hearts say the Khadrs have a right to fight and plot against the country and our allies while partaking of our hospitality as a safe haven to spring from to fight against us.

omar is a traitor and should be charged.

I read somewhere on these blogs that the staute of limitations on treason had long since passed for Khadr. I don’t believe there is a government, or a court in Canada, who would have the stomach to charge anyone, let alone Khadr, with treason. The law remains on the books, but too many Canadians see treason as irrelevant these days. That is sad, but realistic.

Ditto what Liz J says.

Perhaps the only avenue left for the Government is the conditions of repatriation/parole.

Little Khadr should be tossed back in jail to serve out his 25 years if he has any contact with terrorist sympathizers, including his family.
Because to do so would make him a national security risk.

If treason is irrelevant in Canada what made it so? The Trudeau Charter perhaps?

Wow. No “re-instate the death penalty” cry yet. You gentle folk are the very models of restraint.

You’ve already heard the statute of limitations argument. Regardless, I think Harper himself closed the door to any follow-on Canadian prosecution by washing his hands of Khadr and leaving him to the gentle mercies of the US pretend-a-court.

The guy’s no more than a broken toy, now, anyway. Charging him with something else at this stage would not serve justice, and it would be one more provocation in the eyes of the militants.

What do I think should happen? If , at time of parole or sentence completion, there’s a real shot at rehabilitation, I think it’s worth the effort. Worse people have turned their life around after serving time. Otherwise, strip his citizenship and send him back to the Taliban, I guess…

I am more concerned with his $1o M lawsuit against Canada for breach of his charter rights. Will the government make dropping of the case part of any repatriation/parole conditions?

Why we don’t start a demand to keep Omar in jail if he return to Canada? can we put his family in jail too? can I sue the Kadhr’s for 10 million dollars, for send his son to Afganistan and fight against us?

I don’t think Canada can consider him a POW.

The US decided he was not a POW and they were the one’s who captured him so it would have been their determination to make, not ours.

I don’t think Canada can consider him a POW.

The US decided he was not a POW and they were the one’s who captured him so it would have been their determination to make, not ours.

So in your world a person charged with murder anywhere can get off if a certain amount of time passes. Every murderer would want to delay all court proceedings for as long as possible in that case, hell why even bother charging anyone with murder or terrorism or any criminal act.

The fact Khadr killed an “American”, a citizen of our closest ally, makes it less than important, an “American” life is of lesser value?

value

I would prefer we dress him up in American fatigues and sent back to Afghanistan to diffuse IED as part of his rehabilitation.

I don’t thin treason would be applicable but he should be charged with – Participation in activity of terrorist group

83.18 (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Omar Khadr fits the criteria to a T.

Off to prison he goes for life.

And, why not?

Well, I guess Omar’s spent enough time away from the haridans in his family to possibly not be affected by their anti-Canadian, pro-death-and-mayhem agenda. But, OTH, he’s been in Gitmo with fellow-terrorists, so scratch what I just said about the negative effects of les dames Khadr on “little” Omar.

I’m all for stripping him of his Canadian citizenship the minute he hits Canadian soil — when did he ever behave as a Canadian citizen? When did he ever benefit Canada and Canadians? — and sending him back to the country of his choice. His country of choice has never been Canada, except as a country of convenience.

I’m getting really tired of paying the bills of traitors and casual tourists to Canada who hide under the guise of Canadian citizenship.

Enough is enough.

why not?

The argument that it would be unjust is a non-starter with you, I know that. So I’ll take another tack:

Because it’s a waste of taxpayer dollars?

If a criminal can be rehabilitated, it’s in society’s interests to do so. I know this messes up your little revenge fantasies. Go kick a puppy, it might help.

Yes he should be charged with high treason.

I can’t believe I’m answering your asinine response. I don’t kick puppies — but I sure as hell wouldn’t mind kicking Khadr … hard.

You’re right about the waste of taxpayer dollars to keep this POS in jail for life. I’d be happy to contribute to the cost of airfare to send Khadr back to Pakistan or Afghanistan or to a country of his choosing — as long as it’s not Canada.

My Canada does not include Omar Khadr.

So in your world a person charged with murder anywhere can get off if a certain amount of time passes.

Hey genius, the conversation is about treason, as per Canadian law. He’s just been tried and sentenced for the murder.

But rest safe in your bed; there is no statute of limitations against a charge of murder in Canada.

So in your world a person charged with murder anywhere can get off if a certain amount of time passes.

Hey genius, the conversation is about treason, as per Canadian law. He’s just been tried and sentenced for the murder.

But rest safe in your bed; there is no statute of limitations against a charge of murder in Canada.

It won’t work, but I hope that he will spend 6-7 years in jail in Canada in a prison where there are few Moslems, no where near Toronto, and not in solitary. He should be put to work and should get an education.

There should be a lot of people showing up to convince the parole board that he is still a big danger to Canada until we know his mind has changed and he drops the lawsuit. After at least 6 years, he might be ready for a strictly-supervised half-way house.

Hope so.
Little Khadr may have to contend with his own lawsuit, as the wife of the soldier he murdered can sue him. And I don’t think Little Khadr saying ‘sorry’ is going to cut it.

It would be great if we could deport folks like this AND their families for the sole purpose of discouraging future punks. Let the family police them and rat them out.

I’ll go along with that ,High Treason for Little Omar. Now, about the comments of Jack Layton and Michael Ignatieff, did they commit HT,or merely “aiding and abetting the enemy” ?

Tabitha Speer has already won a shared $102 M US civil suit against Khadr Sr.’s estate. None of the money has been forthcoming. Winning a lawsuit in US court is simple enough, collecting in Canadian jurisdiction is not. Unless some deal has been made with the US as part of his plea bargain, he may be able to collect in Canada, and keep the money. This would be a nightmare scenario for justice and for Canada US relations.

Charge him with high treason and then send him on a no expenses paid trip to Pakistan

High Treason is my choice and if we are loud enough, perhaps our voices will be heard.
Barring that, criminals in the USA share the fact that they are incarcerated, be they,different crimes, massive or petty but another thing they share, is patriotism.
The wee terrorist, is not only, NOT patriotic to his country of convenient birth but he murdered an unarmed American medic. THAT’s going to be a big deal…
Now that just makes me think those good ol’ boys could make this easy on us PATRIOTIC Canadians, real easy…………

The murder he committed was the result of killing an ally, a medic in the battlefield, that murder was an act of treason, he was fighting for the enemy of his own country. Fighting is a loose term, he was a punk tossing grenades. This act reaches beyond murder.

Hello? McFly? The murder trial is over.

I don’t Twitter, Stephen.

What are you doing in Boston with 18 others?

‘Sounds like fun!

You’ve watched too many ‘B’ movies.

Her mother can’t be charged. Her as an accomplice (which is debatable) – would only net a charge of Treason rather than High Treason – which has a 3 year Statute of Limitations

Her mother can’t be charged. Her as an accomplice (which is debatable) – would only net a charge of Treason rather than High Treason – which has a 3 year Statute of Limitations

Great question – and great idea. The short answer is “yes, definitely he should be charged”. The longer answer is here:
http://canadiantory.regales.ca/2010/11/09/how-should-we-welcome-home-omar-khadr/

Great question – and great idea. The short answer is “yes, definitely he should be charged”. The longer answer is here:
http://canadiantory.regales.ca/2010/11/09/how-should-we-welcome-home-omar-khadr/

He was a child soldier. Print the document the government of Canada signed to rehabilitate and not try child soldiers.

Well it seems I’m not alone in thinking and posting in the National Post that Omar can sue Canada right after he be tried for High Treason (Sec46 sub (b)&(c)) upon his return to Canada.

If memory serves the Statute of limitations does not apply to serious crimes (IE: Treason, Murder, Rape etc) in Canada.