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.