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Omar Khadr's war crimes sentence is finished, Alberta judge rules

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Former Guantanamo Bay prisoner was released on bail in May 2015

Former Guantanamo Bay prisoner Omar Khadr with his lawyer, Nate Whitling, outside the Edmonton courthouse on Monday. (Terry Reith/CBC)

Former Guantanamo Bay prisoner Omar Khadr has completed his sentence, an Alberta judge ruled Monday.

Court of Queen's Bench Chief Justice Mary Moreau counted the time Khadr spent on conditional release for nearly four years as counting toward his eight-year sentence.

Moreau declared his sentence over. After the judge left the courtroom, a beaming Khadr embraced his lawyer, Nate Whitling.

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Outside court, Khadr said he is pleased with the decision.

"I think it's been a while but I'm happy it's here, and right now I'm going to just try to focus on recovering and not worrying about having to go back to prison, or, you know, just struggling," Khadr told reporters.

Whitling said efforts to overturn Khadr's U.S. convictions will continue. But the completion of his sentence will mean more freedom for his client, Whitling said.

The lawyer also noted that under the Youth Criminal Justice Act, there is no right to appeal Monday's decision.

"So it's a final decision," Whitling said. "So we do expect this is the end of the road in terms of having to deal with Mr. Khadr's sentence."

Restrictions on his liberty 'gone'

"All those conditions that were restricting his liberty up to this point are now gone, so for example he can apply for a passport, he can talk to his sister, he can travel around the world or around Canada without having to seek permission," Whitling said.

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Khadr and his lawyer will now focus on a dismissal of his U.S. military commission conviction for killing an American soldier in Afghanistan. His eight-year sentence, which was imposed in 2010, would have expired last year if he had remained in custody.

"We think that these convictions will eventually be overturned," Whitling said. "And I think it will be determined there was never any jurisdiction to try Mr. Khadr for these offences."

Khadr has been free on bail with conditions since 2015.

Moreau found those conditions mirrored those that would have been imposed under the Youth Criminal Justice Act if he had been serving his sentence in the community.

In her 23-page decision, Moreau wrote: "Keeping in mind the YCJA principles emphasizing that young persons are entitled to both timely and prompt intervention and to effective rehabilitation and reintegration, I credit Mr. Khadr for the time spent under the bail conditions."

'I'm glad it's over for him'

After the judge left the courtroom, Janice Williamson made her way over to shake Khadr's hand. The University of Alberta professor is the editor of Omar Khadr, Oh Canada and has been a long-time member of the Free Omar support group.

Williamson hoped Monday's court decision would pave the way for more normalcy in Khadr's life.

Omar Khadr supporter, Janice Williamson. (Peter Evans/CBC )

"I think he wants to live an ordinary Canadian life, and I think this will allow him to do so," Williamson said. "I hope it's a signal to his detractors that the rule of law and the justice system supports him in embarking on that ordinary life."

Those sentiments were echoed by University of Toronto law professor Audrey Macklin.

"I'm glad it's over for him," Macklin said. "He has, when given the opportunity, demonstrated that he is not a danger. That he is somebody who wishes only to live a life in peace and make a positive contribution."

'Omar Khadr is a lightning rod for Islamophobia'

Social media was quick to erupt Monday with messages for and against Khadr.

"Social media has a tendency to disseminate misinformation and hatred," Williamson said. "Omar Khadr is a lightning rod for Islamophobia."

In Ottawa, federal Conservative leader Andrew Scheer suggested Khadr should turn over millions in federal compensation money he received to the American soldier's widow.

Williamson called that comment "a bit of a dog whistle."

"It's him alerting people who think that somehow Omar Khadr was unfairly compensated, or that somehow think Canadian citizens are hard done by because the justice system is treating him with the rule of law," Williamson said. "That to me is a bit of a dog whistle, and it's simply wrong."

Macklin noted Khadr has been forced to deal with political attacks for years.

University of Toronto law professor Audrey Macklin. (John Lesavage/CBC)

"I think Mr. Khadr has had to find a way of getting past this for a very long time," Macklin said. "There are and will continue to be political leaders who opportunistically exploit Mr. Khadr for their own political gain. This is not the beginning of that. I hope it is nearing the end."

When asked for comment on Monday's court decision, Prime Minister Justin Trudeau said, "We are a country that respects the rule of law, and very much respects the judicial process."

Khadr spent several years in U.S. custody at Guantanamo Bay, Cuba, after he was captured in 2002 and accused of tossing a grenade that killed special forces soldier Christopher Speer in Afghanistan. Khadr was 15 at the time.

He was later transferred to Canada, where the Supreme Court ruled Khadr's punishment was to be served as a youth sentence. Khadr was released on bail in May 2015 pending an appeal of his war crime convictions in the United States. Since then, he has lived in Edmonton and Red Deer without incident.

Last month, Whitling told the court Khadr's U.S appeal hasn't advanced "even an inch."

Khadr received a $10.5-million legal settlement and an official apology from the Canadian government in 2017. Whitling said Khadr wants to move past the sentence and "get on with his life."

Read the full decision

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With files from Terry Reith, Janice Johnston and The Canadian Press</s>Eight-year sentence imposed in 2010 would have ended last October had Khadr remained in custody

Omar Khadr speaks outside court in Edmonton on Thursday, December 13, 2018. An Alberta judge is expected to rule today on whether a war crimes sentence for former Guantanamo Bay prisoner Khadr should be declared expired.THE CANADIAN PRESS/Jason Franson

An Alberta judge has ruled that a war crimes sentence for former Guantanamo Bay prisoner Omar Khadr has expired.

An eight-year sentence imposed in 2010 would have ended last October had Khadr remained in custody.

But the clock stopped ticking when a judge freed him on bail in 2015 pending Khadr’s appeal of his military conviction in the United States.

Chief Justice Mary Moreau says the Youth Criminal Justice Act gives judges flexibility to consider bail conditions as part of a sentence.

With that in mind, she ruled that Khadr has served his time.

Khadr’s lawyer Nathan Whitling had argued in an Edmonton court that Khadr had served more than seven years in custody and on bail.</s>An Edmonton judge has ruled that a war crimes sentence for former Guantanamo Bay prisoner Omar Khadr has expired, according to The Canadian Press.

Khadr’s eight-year sentence would have ended last October but the clock topped ticking when a judge freed him on bail in 2015 pending his appeal of his military conviction in the United States.

Khadr spent several years in U.S. detention at Guantanamo Bay after he was captured and accused of tossing a grenade that killed a special forces soldier in Afghanistan in 2001.

The Supreme Court of Canada had previously said the punishment handed to Khadr for alleged acts committed in Afghanistan when he was 15 years old was to be a youth sentence.

Alberta judge Chief Justice Mary Moreau says the Youth Criminal Justice Act gives judges flexibility to consider bail conditions as part of a sentence. The Canadian Press says she told an Edmonton court Monday that, with that in mind, she ruled Khadr has served his time.</s>EDMONTON — An Alberta judge has ruled that a war crimes sentence for former Guantanamo Bay prisoner Omar Khadr has expired.

An eight-year sentence imposed in 2010 would have ended last October had Khadr remained in custody.

But the clock stopped ticking when a judge freed him on bail in 2015 pending Khadr's appeal of his military conviction in the United States.

Chief Justice Mary Moreau says the Youth Criminal Justice Act gives judges flexibility to consider bail conditions as part of a sentence.

The Canadian Press Former Guantanamo Bay prisoner Omar Khadr and his lawyer Nate Whitling walk out the courthouse in Edmonton on Feb. 26, 2019.

She told an Edmonton court Monday that, with that in mind, she ruled Khadr has served his time.

The Supreme Court of Canada had already said the punishment handed Khadr for alleged acts committed in Afghanistan when he was 15 years old was to be a youth sentence.

Khadr's lawyer Nathan Whitling had argued earlier this year that Khadr had served more than seven years in custody and on bail.

The Crown had argued Khadr should serve the remainder of his sentence in the community.

Whitling said the appeal of the sentence in the U.S. hadn't moved forward at all and it would be unfair to use that against his client.

Whitling also argued that the military commission that sentenced Khadr has been widely discredited by legal experts.

Khadr spent years in U.S. detention at Guantanamo Bay after he was captured and accused of tossing a grenade that killed special forces soldier Christopher Speer at a militant compound in Afghanistan in 2001.

Since his release on bail, Khadr has lived in Edmonton and Red Deer, Alta., without incident. The court had eased some of his initial bail conditions, but several remained in place.

Khadr could not have access to a Canadian passport and was banned from unsupervised communication with his sister, who lives in the former Soviet republic of Georgia. He also had to notify his bail supervisor before leaving Alberta.

Moreau said all the conditions are lifted.

Khadr's case has ignited divisive debate among Canadians over terrorism, human rights and the rule of law since it was revealed in 2017 that the federal government settled a lawsuit filed by him for a reported $10.5 million.

The payout followed a 2010 ruling by Canada's Supreme Court that Khadr's charter rights were violated at Guantanamo and that Canadian officials contributed to that violation.</s>An Alberta judge has ruled that a war crimes sentence for former Guantanamo Bay prisoner Omar Khadr has expired.</s>A judge has ruled that former Guantanamo Bay prisoner Omar Khadr has completed his sentence and is now a free man.

Khadr, a Canadian, was held in U.S. custody under harsh conditions after his capture in Afghanistan in 2002. He was 15 years old at the time he was accused of throwing a grenade which killed a U.S. soldier.

He was sentenced to eight years in prison in 2010 and in 2012 was transferred to Canada to serve his time. Canada’s Supreme Court ruled that it should be considered a youth sentence and Khadr was released on bail in May 2015 under certain conditions including passport and travel restrictions, and not being allowed to visit his sister.

Today Justice Mary Moreau counted the time spent under his conditional release and ruled he had served the full sentence.

Khadr got millions for violation of his charter rights

In 2017, Khadr received a $10;5-million legal settlement and an official apology from the Canadian government because his charter rights were violated while he was held at Guantanamo Bay.

The court ruled: “The interrogation of a youth detained without access to counsel, to elicit statements about serious criminal charges while knowing that the youth had been subjected to sleep deprivation and while knowing that the fruits of the interrogations would be shared with the prosecutors, offends the most basic Canadian standards about the treatment of detained youth suspects.” The court ruled that Canada was complicit in Khadr’s treatment.

News of the settlement caused considerable controversy in Canada.

The legal battles in the Khadr case were very long and complicated. A timeline is available here.</s>Former Guantanamo Bay prisoner Omar Khadr has completed his sentence, an Alberta judge ruled Monday.

Court of Queen's Bench Chief Justice Mary Moreau counted the time Khadr spent on conditional release for nearly four years as counting toward his eight-year sentence.

Outside court, Khadr said he is pleased with the decision.

"I think it's been a while but I'm happy it's here, and right now I'm going to just try to focus on recovering and not worrying about having to go back to prison, or, you know, just struggling," Khadr told reporters.

His lawyer, Nate Whitling, said efforts to overturn Khadr's U.S. convictions will continue. But the completion of his sentence will mean more freedom for his client, Whitling said.

Restrictions on his liberty 'gone'

"All those conditions that were restricting his liberty up to this point are now gone, so for example he can apply for a passport, he can talk to his sister, he can travel around the world or around Canada without having to seek permission."

Khadr had sought a dismissal of his U.S. military commission conviction for killing an American soldier in Afghanistan. His eight-year sentence, which was imposed in 2010, would have expired last year if he had remained in custody.

Khadr has been out on bail since 2015.
• None Decision next month: Omar Khadr wants court to rule war crimes sentence expired

Whitling told CBC News earlier that "our position is that the court does have the authority to effectively end Mr. Khadr's sentence now, even though technically there's still three years and five months remaining to be served."

The prosecution argues Canada has international obligations to see that Khadr serves his full sentence.

Khadr spent several years in U.S. custody at Guantanamo Bay, Cuba, after he was captured in 2002 and accused of tossing a grenade that killed special forces soldier Christopher Speer in Afghanistan. Khadr was 15 at the time.

He was later transferred to Canada, where the Supreme Court ruled Khadr's punishment was to be served as a youth sentence. Khadr was released on bail in May 2015 pending an appeal of his war crime convictions in the United States. Since then, he has lived in Edmonton and Red Deer without incident.

Last month, Whitling told the court Khadr's U.S appeal hasn't advanced "even an inch."

Khadr received a $10.5-million legal settlement and an official apology from the Canadian government in 2017. Whitling said Khadr wants to move past the sentence and "get on with his life."</s>Canada’s top court ruled punishment handed Khadr for alleged acts committed in Afghanistan when he was 15 was to be a youth sentence

Omar Khadr speaks outside court in Edmonton on Thursday, December 13, 2018. An Alberta judge is expected to rule today on whether a war crimes sentence for former Guantanamo Bay prisoner Khadr should be declared expired.THE CANADIAN PRESS/Jason Franson

An Alberta judge is expected to rule today on whether a war crimes sentence for former Guantanamo Bay prisoner Omar Khadr should be declared expired.

The eight-year sentence imposed in 2010 would have ended last October had Khadr remained in custody.

But the clock stopped ticking when a judge freed him on bail in 2015 pending Khadr’s appeal of his military conviction.

Khadr’s lawyer Nathan Whitling has told an Edmonton court that Khadr has served more than seven years in custody and on bail.

His application asks the judge to place Khadr under conditional supervision for one day then declare his sentence served.

The Crown has argued Khadr should serve the remainder of his sentence in the community.

Whitling says the appeal of the sentence in the United States hasn’t moved forward at all and it would be unfair to use that against him.

Whitling has also argued that the military commission that sentenced Khadr has been widely discredited by legal experts.

The Supreme Court of Canada ruled the punishment handed Khadr for alleged acts committed in Afghanistan when he was 15 years old was to be a youth sentence.

One hurdle Khadr must overcome is proving that the Alberta court has jurisdiction.

The international treaty under which he was transferred to Canada from Guantanamo Bay could be interpreted as precluding such a review. If that view prevails, his application asks the judge to declare that part of the treaty unconstitutional.

Khadr spent years in U.S. detention at Guantanamo Bay after he was captured and accused of tossing a grenade that killed special forces soldier Christopher Speer at a militant compound in Afghanistan in 2001.

Since his release on bail, Khadr has lived in Edmonton and Red Deer, Alta., without incident. The court has eased some of his initial bail conditions, but several remain in place.

Those conditions include not having access to a Canadian passport, a ban on unsupervised communication with his sister who lives in the former Soviet republic of Georgia, and a requirement to notify his bail supervisor before leaving Alberta.

Khadr’s case has ignited divisive debate among Canadians over terrorism, human rights and the rule of law since it was revealed in 2017 that the federal government settled a lawsuit filed by him for a reported $10.5 million.

The payout followed a 2010 ruling by Canada’s Supreme Court that Khadr’s charter rights were violated at Guantanamo and that Canadian officials contributed to that violation.</s>15 years and nearly $5 million in legal costs later, Ottawa apologizes to Omar Khadr

Omar Khadr in his own words

Omar Khadr fact check paints a clearer picture of the case and the incident underlying it

One hurdle Khadr must overcome is proving that the Alberta court has jurisdiction.

The international treaty under which he was transferred to Canada from Guantanamo Bay could be interpreted as precluding such a review. If that view prevails, his application asks the judge to declare that part of the treaty unconstitutional.

Khadr spent years in U.S. detention at Guantanamo Bay after he was captured and accused of tossing a grenade that killed special forces soldier Christopher Speer at a militant compound in Afghanistan in 2001.

Since his release on bail, Khadr has lived in Edmonton and Red Deer, Alta., without incident. The court has eased some of his initial bail conditions, but several remain in place.

Those conditions include not having access to a Canadian passport, a ban on unsupervised communication with his sister who lives in the former Soviet republic of Georgia, and a requirement to notify his bail supervisor before leaving Alberta.

Khadr's case has ignited divisive debate among Canadians over terrorism, human rights and the rule of law since it was revealed in 2017 that the federal government settled a lawsuit filed by him for a reported $10.5 million.

The payout followed a 2010 ruling by Canada's Supreme Court that Khadr's charter rights were violated at Guantanamo and that Canadian officials contributed to that violation.</s>A judge has ruled Omar Khadr's war crimes sentence has been served.

An Edmonton judge handed down a decision on the former Guantanamo Bay prisoner Monday morning.

The eight-year sentence imposed in 2010 would have ended last October had Khadr remained in custody, but the clock stopped ticking when a judge freed him on bail in 2015 pending his appeal of his military conviction.

Khadr's lawyer told the court he had served more than seven years in custody and on bail. The application asked the judge to place Khadr under conditional supervision for one day, and then declare his sentence served.

The Crown argued Khadr should serve the remainder of his sentence in the community.

On Monday, Khadr was placed on conditional supervision for one day in addition to the judge declaring his sentence served.
A judge rules that former Guantanamo Bay prisoner Omar Khadr has completed his prison sentence.