View source for Omar Khadr

{{Short description|Canadian child soldier (born 1986)}}
{{Infobox War on Terror detainee
 | name        = Omar Khadr<br />{{lang|ar|عمر خضر}}
 | image       = Omar Khadr - PD-Family-released.jpg
 | image_size  = 225px
 | caption     = Khadr at the age of 14
 | birth_name  = Omar Ahmed Said Khadr
 | birth_date  = {{Birth date and age|mf=yes|1986|9|19}}<ref>{{cite web|url=https://int.nyt.com/data/documenttools/82457-isn-766-omar-ahmed-khadr-jtf-gtmo-detainee/b549ee713071bd30/full.pdf|title=Recommendation to Retain under DoD Control for Guantanamo Detainee, Omar Ahmed Khader, ISN:US9CA-000766DP|archive-url=https://web.archive.org/web/20220418160005/https://int.nyt.com/data/documenttools/82457-isn-766-omar-ahmed-khadr-jtf-gtmo-detainee/b549ee713071bd30/full.pdf|archive-date=April 18, 2022}}</ref>
 | birth_place = [[Toronto]], [[Ontario]], [[Canada]]
 | death_date  =
 | death_place =
 | detained_at = [[Bagram Airfield|Bagram Air Base]], (July 27, 2002 – October 29, 2002)<br />[[Guantanamo Bay detention camp|Guantanamo Bay]] (October 29, 2002 – September 28, 2012)<br />[[Millhaven Institution]] (September 28, 2012 – May 28, 2013)<br />[[Edmonton Institution]] (May 28, 2013 – February 11, 2014)<br />[[Bowden Institution]] (February 11, 2014 – May 7, 2015)
 | charge      = Five charges of war crimes under the [[Military Commissions Act of 2006]], including "murder in violation of the laws of war"
 | penalty     = Eight additional years confinement (no credit for eight years already served; parole eligibility in mid-2013)
 | status      = Pleaded guilty on October 25, 2010 (later retracted); released on bail May 7, 2015; completed conditions March 25, 2019
 | parents     = [[Ahmed Khadr]]<br />[[Maha el-Samnah]]
}}

'''Omar Ahmed Said Khadr''' ({{langx|ar|عمر أحمد سعيد خضر}}; born September 19, 1986) is a Canadian who, at the age of 15, was detained by the United States at [[Guantanamo Bay detention camp|Guantanamo Bay]] for ten years, during which he pleaded guilty to the murder of U.S. Army Sergeant 1st Class [[Christopher Speer]] and other charges.<ref>{{cite news|url=http://ca.reuters.com/article/domesticNews/idCATRE67847020100809|title=Omar Khadr's Confession Can Be Used at Guantanamo Trial|author=Jane Sutton|date=August 9, 2010|access-date=July 24, 2017|archive-url=https://web.archive.org/web/20180806024727/https://ca.reuters.com/article/domesticNews/idCATRE67847020100809|archive-date=August 6, 2018|url-status=dead|df=mdy-all}}</ref><ref>{{cite news|url=https://www.theglobeandmail.com/news/world/facts-about-khadr-and-the-charges/article1370591|title=Facts About the Khadr's Charges|publisher=The Globe and Mail|date=October 25, 2010|access-date=July 24, 2017|archive-url=https://web.archive.org/web/20181221181334/https://www.theglobeandmail.com/news/world/facts-about-khadr-and-the-charges/article1370591/|archive-date=December 21, 2018|url-status=live|df=mdy-all}}</ref> He later appealed his conviction, claiming that he falsely pleaded guilty so that he could return to Canada where he remained in custody for three additional years.<ref name="cbcbail"/><ref name="CBCpleasguilty">{{cite news|url=http://www.cbc.ca/news/canada/omar-khadr-explains-war-crimes-guilty-pleas-in-court-filing-1.2463558|title=Omar Khadr explains war-crimes guilty pleas in court filing|date=December 13, 2013|work=CBC News|access-date=December 19, 2013|archive-url=https://web.archive.org/web/20131215231439/http://www.cbc.ca/news/canada/omar-khadr-explains-war-crimes-guilty-pleas-in-court-filing-1.2463558|archive-date=December 15, 2013|url-status=live|df=mdy-all}}</ref><ref name="nomemory">{{cite news|url=https://www.thestar.com/news/canada/2013/12/13/omar_khadr_no_memory_of_firefight_in_afghanistan.html|title=Omar Khadr: No memory of firefight in Afghanistan|date=December 13, 2013|last=Shephard|first=Michelle|location=Toronto|work=Toronto Star|access-date=September 7, 2017|archive-url=https://web.archive.org/web/20170820173141/https://www.thestar.com/news/canada/2013/12/13/omar_khadr_no_memory_of_firefight_in_afghanistan.html|archive-date=August 20, 2017|url-status=live|df=mdy-all}}</ref> Khadr sued the Canadian government for infringing his rights under the ''[[Canadian Charter of Rights and Freedoms|Charter of Rights and Freedoms]]''; this lawsuit was settled in 2017 with a {{CAD|10.5|link=yes}} million payment and an apology by the federal government.<ref name="auto">{{cite news|last1=Tasker|first1=John Paul|title=Liberal government formally apologizes to Omar Khadr|url=http://www.cbc.ca/news/politics/cabinet-explain-omar-khadr-settlement-1.4194467|work=[[CBC News]]|date=July 7, 2017|access-date=July 7, 2017|archive-url=https://web.archive.org/web/20170707164953/http://www.cbc.ca/news/politics/cabinet-explain-omar-khadr-settlement-1.4194467|archive-date=July 7, 2017|url-status=live|df=mdy-all}}</ref>

Born in Canada, Khadr was taken to [[Afghanistan]] by [[Ahmed Khadr|his father]], who was affiliated with [[Al-Qaeda]] and other [[terrorist]] organizations. On July 27, 2002, at age 15, Khadr was severely wounded during fighting between U.S. soldiers and [[Taliban]] fighters in the village of [[Ayub Kheyl]]; Khadr is alleged to have thrown the grenade that killed Speer.<ref>{{cite web | url=https://www.thestar.com/news/canada/2008/02/04/khadr_secret_document_released_by_accident.html | author=Michelle Shepard | title=Khadr secret document released by accident | work=The Star | date=4 February 2008 | access-date=7 September 2017 | archive-url=https://web.archive.org/web/20170808145034/https://www.thestar.com/news/canada/2008/02/04/khadr_secret_document_released_by_accident.html | archive-date=8 August 2017 | url-status=live | df=dmy-all }}</ref> After he was captured and detained at the [[Bagram Airfield]], he was sent to the Guantanamo Bay detention camps in [[Cuba]]. During his detention, Khadr was interrogated by both Canadian and US intelligence officers.

After eight years in detention, Khadr pleaded guilty in October 2010 to "murder in violation of the laws of war" and four other charges at a hearing before a United States military commission.<ref name="Charges">{{cite web|url=http://www.defense.gov/news/Apr2007/Khadrreferral.pdf|title=Charges|date=April 24, 2007|access-date=November 15, 2010|archive-url=https://web.archive.org/web/20101109025614/http://www.defense.gov/news/Apr2007/Khadrreferral.pdf|archive-date=November 9, 2010|url-status=dead|df=mdy-all}}</ref><ref name=hurfirst>{{cite web|title=Omar Ahmed Khadr|url=http://www.humanrightsfirst.org/our-work/law-and-security/military-commissions/cases/omar-ahmed-khadr|publisher=Human Rights First|access-date=12 April 2014|archive-url=https://web.archive.org/web/20140413131700/http://www.humanrightsfirst.org/our-work/law-and-security/military-commissions/cases/omar-ahmed-khadr|archive-date=13 April 2014|url-status=live|df=dmy-all}}</ref><ref>[https://www.gq.com/news-politics/big-issues/200707/guantanamo-bay-military-rights Sean Flynn, "The Defense Will Not Rest"] {{Webarchive|url=https://web.archive.org/web/20141216190907/http://www.gq.com/news-politics/big-issues/200707/guantanamo-bay-military-rights |date=2014-12-16 }}, ''GQ Magazine'', August 2007, p. 1</ref><ref name=VictimsOfTorture>{{cite web|url=http://www.cvt.org/main.php/Advocacy/TortureisUn-American/FAQs:MilitaryCommissionsAct|title=FAQs about the Military Commissions Act|publisher=The Center for Victims of Torture|access-date=2007-12-17|url-status=dead|archive-url=https://web.archive.org/web/20071222071334/http://www.cvt.org/main.php/Advocacy/TortureisUn-American/FAQs%3AMilitaryCommissionsAct|archive-date=2007-12-22}}</ref><ref>{{cite news|url=https://www.nytimes.com/2010/10/26/us/26gitmo.html?ref=terrorism|work=The New York Times|first=Charlie|last=Savage|title=Deal Averts Trial of Guantánamo Prisoner, Omar Khadr|date=October 25, 2010|access-date=February 18, 2017|archive-url=https://web.archive.org/web/20170809212233/http://www.nytimes.com/2010/10/26/us/26gitmo.html?ref=terrorism|archive-date=August 9, 2017|url-status=live|df=mdy-all}}</ref> The charges were filed under the US [[Military Commission Act of 2006]] and considered under US law to be [[war crime]]s, although the act was not in place at the time the alleged offenses took place.<ref name="Rona2008">{{cite journal|last1=Rona|first1=Gabor|title=Legal Issues in the 'War on Terrorism' – Reflecting on the Conversation Between Silja N.U. Voneky and John Bellinger|journal=[[German Law Journal]]|date=May 2008|volume=9|issue=5|pages=711–36|doi=10.1017/S2071832200000079|s2cid=141720186|url=http://www.germanlawjournal.com/s/GLJ_Vol_09_No_05_Rona.pdf|access-date=11 July 2017|archive-url=https://wayback.archive-it.org/all/20160420154052/http://www.germanlawjournal.com/s/GLJ_Vol_09_No_05_Rona.pdf|archive-date=20 April 2016|url-status=dead}}</ref><ref name="Heller">{{cite web|last1=Heller|first1=Kevin John|title=The Non-Existent War Crime of "Murder in Violation of the Law of War"|url=http://opiniojuris.org/2008/08/05/the-non-existent-crime-of-murder-in-violation-of-the-law-of-war|website=[[Opinio Juris (blog)|Opinio Juris]]|access-date=July 11, 2017|date=August 5, 2008|archive-url=https://web.archive.org/web/20170809172116/http://opiniojuris.org/2008/08/05/the-non-existent-crime-of-murder-in-violation-of-the-law-of-war/|archive-date=August 9, 2017|url-status=live|df=mdy-all}}</ref><ref name="HRW2008">{{cite web|last1=Macklin|first1=Audrey|title=The Omar Khadr Case: Redefining War Crimes|url=https://www.hrw.org/news/2008/10/31/omar-khadr-case-redefining-war-crimes|publisher=[[Human Rights Watch]]|access-date=July 11, 2017|date=October 31, 2008|archive-url=https://web.archive.org/web/20160701050833/https://www.hrw.org/news/2008/10/31/omar-khadr-case-redefining-war-crimes|archive-date=July 1, 2016|url-status=live|df=mdy-all}}</ref><ref name="Shephard2017">{{cite news|last1=Shephard|first1=Michelle|title=Khadr to get apology, compensation over $10M as lawsuit settled|url=https://www.thestar.com/news/canada/2017/07/03/khadr-to-get-apology-compensation-over-10m-as-lawsuit-settled.html|access-date=July 11, 2017|work=[[The Toronto Star]]|date=July 3, 2017|archive-url=https://web.archive.org/web/20170710222620/https://www.thestar.com/news/canada/2017/07/03/khadr-to-get-apology-compensation-over-10m-as-lawsuit-settled.html|archive-date=July 10, 2017|url-status=live|df=mdy-all}}</ref><ref name="Ralph2010">{{cite news|last1=Ralph|first1=Jason|title=America rewrites the laws of war for Omar Khadr|url=https://www.theguardian.com/commentisfree/cifamerica/2010/nov/02/omar-khadr-al-qaida-canada|access-date=11 July 2017|work=[[The Guardian]]|date=November 2, 2010|archive-url=https://web.archive.org/web/20170809173446/https://www.theguardian.com/commentisfree/cifamerica/2010/nov/02/omar-khadr-al-qaida-canada|archive-date=9 August 2017|url-status=live|df=dmy-all}}</ref> Khadr agreed to an eight-year sentence with no credit for eight years already served and the possibility of a transfer to Canada after a minimum of one year and parole eligibility after three years.<ref name="Diplomatic Notes">{{cite web|url=http://www.defense.gov/news/Khadr%20Convening%20Authority%20Diplomatic%20Papers%20AE%20342%2013%20Oct%202010%20(redacted).pdf|title=Diplomatic Notes|date=October 24, 2010|access-date=November 13, 2010|archive-url=https://web.archive.org/web/20101101225712/http://www.defense.gov/news/Khadr%20Convening%20Authority%20Diplomatic%20Papers%20AE%20342%2013%20Oct%202010%20(redacted).pdf|archive-date=November 1, 2010|url-status=dead|df=mdy-all}}</ref>

According to the UN, Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were denounced by some civil rights groups and the [[United Nations]] Special Representative for Children and Armed Conflict.<ref name="isikoff">{{cite web |last1=Isikoff |first1=Michael |title=Landmark Gitmo trial puts White House in tight spot |url=http://www.nbcnews.com/id/38634007/ns/us_news-security/t/landmark-gitmo-trial-puts-white-house-tight-spot/#.XB2whlxKjIV |website=NBC NEWS |language=en |date=10 August 2010 |access-date=23 May 2015 |archive-url=https://web.archive.org/web/20160110183645/http://www.nbcnews.com/id/38634007/ns/us_news-security/t/landmark-gitmo-trial-puts-white-house-tight-spot/#.XB2whlxKjIV |archive-date=10 January 2016 |url-status=dead |df=dmy-all }}</ref><ref name="Reuters20201101GC">{{cite news|url=http://uk.reuters.com/article/idUKTRE69R01Q20101101|archive-url=https://archive.today/20130201043624/http://uk.reuters.com/article/idUKTRE69R01Q20101101|url-status=dead|archive-date=February 1, 2013|title=Guantanamo Canadian to serve 8 more years in prison|date=November 1, 2010|publisher=Reuters|author=Jane Sutton}}</ref>

Meanwhile, early in 2010, the [[Supreme Court of Canada]] had ruled that the [[Canadian government]]'s interrogation of Khadr at Guantanamo Bay "offend[ed] the most basic Canadian standards [of] the treatment of detained youth suspects",<ref name="canlii2010"/><ref name="scc2010"/> but stopped short of ordering Khadr's repatriation. However, on September 29, 2012, Khadr returned to Canada to serve the remainder of his sentence in Canadian custody.<ref>{{cite news|title=Omar Khadr returns to Canada|url=http://www.cbc.ca/news/canada/omar-khadr-returns-to-canada-1.937754|website=CBC News|access-date=January 29, 2016|date=September 29, 2012|archive-url=https://web.archive.org/web/20150506145812/http://www.cbc.ca/news/canada/omar-khadr-returns-to-canada-1.937754|archive-date=May 6, 2015|url-status=live|df=mdy-all}}</ref>

Khadr was released on bail in May 2015 (pending an appeal of his U.S. conviction) after the Alberta Court of Appeal refused to block his release as had been requested by the Canadian government.<ref name="cbcbail"/> In 2017, the Canadian government announced a {{CAD|10.5}} million settlement with Khadr to compensate for damages arising from its previous handling of the case.<ref>{{Cite news|url=https://nationalpost.com/news/canada/trudeau-tells-town-hall-heckler-that-he-too-is-angry-about-omar-khadrs-10-5m-settlement|title=Trudeau tells town hall heckler that he, too, is angry about Omar Khadr's $10.5M settlement|newspaper=[[National Post]]|accessdate=Dec 30, 2022}}</ref> Tabitha Speer, Christopher Speer's widow, filed an application to enforce a {{USD|134|link=yes}} million Utah default civil judgment in Canada.<ref name="millions and apology">{{cite news|last1=Gillies|first1=Rob|title=Widow goes after money Canada will give ex-Gitmo prisoner |url=https://www.apnews.com/2453c60094534406bd81d6ccf444c339/Widow-goes-after-money-Canada-will-give-ex-Gitmo-prisoner |work=Associated Press |date=July 5, 2017 |access-date=July 5, 2017 |archive-url=https://web.archive.org/web/20180124135739/https://www.apnews.com/2453c60094534406bd81d6ccf444c339/Widow-goes-after-money-Canada-will-give-ex-Gitmo-prisoner|archive-date=January 24, 2018|url-status=live|df=mdy-all}}</ref> On March 25, 2019, the Alberta Court of Queen's Bench ruled that Khadr's time on conditional release counted towards his sentence, which was declared completed.<ref name="sentencecomplete">{{cite news|title=Omar Khadr's war crimes sentence is finished, Alberta judge rules|url=https://www.cbc.ca/news/canada/edmonton/khadr-war-crimes-expired-1.5068610|work=[[CBC News]]|date=March 25, 2019|access-date=March 26, 2019|archive-date=March 26, 2019|archive-url=https://web.archive.org/web/20190326034846/https://www.cbc.ca/news/canada/edmonton/khadr-war-crimes-expired-1.5068610|url-status=live}}</ref>

==Early life==
[[Image:Khadr and Maha.png|thumb|Khadr and his mother]]Khadr was born in [[Toronto]]<ref>{{cite web|url=http://www.cbc.ca/news/politics/omar-khadr-s-legal-odyssey-from-guantanamo-bay-to-alberta-1.2987034|title=Omar Khadr's legal odyssey, from Guantanamo Bay to Alberta|publisher=CBC News|date=2015-03-09|access-date=2017-07-10|archive-url=https://web.archive.org/web/20160407152243/http://www.cbc.ca/news/politics/omar-khadr-s-legal-odyssey-from-guantanamo-bay-to-alberta-1.2987034|archive-date=2016-04-07|url-status=live}}</ref> on September 19, 1986, to [[Ahmed Khadr]] and [[Maha el-Samnah]], [[Egyptians|Egyptian]] and [[Palestinians|Palestinian]] immigrants who became Canadian citizens.<ref name=torontosun29>{{cite news|title=Omar Khadr: A timeline of events|url=http://www.torontosun.com/2012/09/29/omar-khadr-a-timeline-of-events|access-date=September 30, 2012|newspaper=Toronto Sun|date=September 29, 2012|agency=QMI|archive-url=https://web.archive.org/web/20121030092201/http://www.torontosun.com/2012/09/29/omar-khadr-a-timeline-of-events|archive-date=October 30, 2012|url-status=live|df=mdy-all}}</ref> The Khadr family had moved to [[Peshawar, Pakistan]], in 1985, where his father worked for charities helping Afghan refugees.<ref name="child"/><ref name="unending">{{citation|last=Tietz|first=Jeff|url=https://www.rollingstone.com/politics/story/11128331/follow_omar_khadr_from_an_al_qaeda_childhood_to_a_gitmo_cell/print|title=The Unending Torture of Omar Khadr|magazine=Rolling Stone|issue=1007|date=August 24, 2006|pages=60–64, 102–104|url-status=dead|archive-url=https://web.archive.org/web/20071203140702/http://www.rollingstone.com/politics/story/11128331/follow_omar_khadr_from_an_al_qaeda_childhood_to_a_gitmo_cell/print|archive-date=December 3, 2007}}</ref>

He spent his childhood moving back and forth between Canada and Pakistan. He had six siblings and his mother wanted to raise their family outside of Canada, as she disliked some of its Western social influences.<ref>[http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060110/omar_khadr_background_061001/20060110 "The Khadr family"] {{webarchive|url=https://web.archive.org/web/20090321004746/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060110/omar_khadr_background_061001/20060110|date=2009-03-21}}, [[CTV News]], January 12, 2006.</ref>

In 1992, Khadr's father was severely injured while in [[Logar Province|Logar, Afghanistan]].{{How|date=July 2017}} Following the injury, the family moved to Toronto so he could recover. Omar enrolled at [[ISNA Elementary School]] for [[First grade|Grade 1]].<ref name="unending"/>

In 1995, after the family's return to Pakistan, Omar's father, Ahmed, was arrested and accused of financially [[aid and abet|aiding]] the [[Egyptian Islamic Jihad]] in the [[Attack on the Egyptian Embassy in Pakistan|bombing of the Egyptian embassy in Pakistan]].<ref name="unending"/><ref name="ClarkeTestimony">[[Richard A. Clarke]], [[s:Statement to the House on Terrorist Financing|Statement to the House on Terrorist Financing]] to the [[United States Senate Committee on Banking, Housing, and Urban Affairs]], October 22, 2003.</ref> During his imprisonment, Ahmed was hospitalised following a [[hunger strike]], before being released a year later due to lack of evidence.<ref name="unending"/> In 1996, Ahmed Khadr moved his family to [[Jalalabad, Afghanistan]],<ref name="notification">{{cite web|url=http://www.defenselink.mil/news/d2007Khadr%20-%20Notification%20of%20Sworn%20Charges.pdf|title=Notification of the Swearing of Charges|access-date=2007-06-04|publisher=[[United States Department of Defense]]|archive-url=https://web.archive.org/web/20070617124758/http://www.defenselink.mil/news/d2007Khadr%20-%20Notification%20of%20Sworn%20Charges.pdf|archive-date=2007-06-17|url-status=live}}</ref> where he worked for an [[NGO]].

Following the [[September 11, 2001 attacks]] in the United States, Omar's mother and his siblings feared U.S. bombing of Afghanistan, and retreated toward the Pakistani mountains, where the father visited infrequently.<ref name="site">{{usurped|1=[https://web.archive.org/web/20080913231302/http://www.thekhadrlegacy.com/ thekhadrlegacy.com]}}, both inactive archived site and current site</ref><ref name="unending"/>

In early 2002, Khadr was living in [[Waziristan]] with his mother and younger sister. At one point, he was forced to wear a [[burqa]] and [[Cross-dressing|disguise himself as a girl]] to avoid scrutiny, an act that upset him.<ref name="child"/> When his father returned, Omar asked to be allowed to stay at a [[group home]]{{Clarify|reason=A group home is generally for developmentally disabled people|date=July 2017}} for young men, despite his mother's protests. His father agreed, and a month later allowed Omar to accompany a group of [[Arab]]s associated with [[Abu Laith al-Libi]] who needed a [[Pashto language|Pashto]] translator during their stay in [[Khost]].<ref name="child"/><ref name="thestar"/><ref name="Omar Khadr: The Youngest Terrorist">[[CBS News]], [https://www.cbsnews.com/news/omar-khadr-the-youngest-terrorist/ "Omar Khadr: The Youngest Terrorist?"]</ref>

According to the April 2007 charges from the military commission, Khadr received "one-on-one" weapons training in June 2002,<ref>[[CBS News]], [https://www.cbsnews.com/news/murder-charges-for-canadian-gitmo-inmate/ "Murder Charges For Canadian Gitmo Inmate"], CBS News, April 24, 2007.</ref> and his visits to his mother and sister became less frequent.<ref name="child"/>
{{Clear}}

==Firefight and capture==
Starting in February 2002, American soldiers used an [[Khost Airfield|abandoned Soviet airbase]] in [[Khost, Afghanistan]], as an intelligence-gathering outpost, with the goal of gaining the trust of the local community.<ref name="thestar">Shephard, Michelle. ''[[Toronto Star]]'', [https://www.thestar.com/printArticle/208502 Khadr goes on trial] {{webarchive|url=https://web.archive.org/web/20121008003208/http://www.thestar.com/printArticle/208502 |date=2012-10-08 }}, April 29, 2007</ref>

In the early morning of July 27, 2002, a team made up of the [[19th Special Forces Group]], the [[505th Infantry Regiment (United States)|505th Infantry Regiment]] and about twenty<ref name="post">McLeon, Kagan, ''[[National Post]],'' "One U.S. soldier was killed and four others injured in a fierce gun battle in a remote village in Afghanistan."</ref> Afghan fighters associated with [[Pacha Khan Zadran]], were sent to a house on a reconnaissance mission.<ref name="post" /><ref name="dustoff">''Dustoff Newsletter,'' [http://www.dustoff.org/newsletter/Fall-winter02/article-two.htm "Rescue of the Year"] {{Webarchive|url=https://web.archive.org/web/20081203135202/http://www.dustoff.org/newsletter/Fall-winter02/article-two.htm |date=2008-12-03 }}, Fall-Winter 2002</ref><ref>Baldauf, Scott. ''[[Christian Science Monitor]],'' [http://www.csmonitor.com/2002/0729/p01s01-wosc.html "Firefight shows strong al-Qaeda persistence"] {{Webarchive|url=https://web.archive.org/web/20080706171213/http://www.csmonitor.com/2002/0729/p01s01-wosc.html |date=2008-07-06 }}, July 29, 2002.</ref> 
{{wikisource-multi|Five Service Members Wounded in Afghan Ambush|Five injured in most recent Afghan firefight awarded Purple Hearts}}

While at the house, a report came in that a monitored [[satellite phone]] had recently been used within 300–600&nbsp;metres of the unit's location,<ref name="post"/><ref name="OC1">[[wikisource:OC-1 CITF witness report|OC-1 CITF witness report]], March 17, 2004</ref> and seven soldiers were sent to investigate the origin of the call.<ref name="thestar"/><ref name="post"/>

Led by Major [[Randy Watt]], the group included [[Executive Officer|XO]] Captain Mike Silver, Sgt. [[Christopher Speer]], [[Layne Morris]] and Master Sgt. Scotty Hansen, the last three from the 19th Special Forces Group; Spc. Christopher J. Vedvick from the 505th, and his fire team.<ref name="post"/><ref>[[Mike Leavitt]]. "[[s:2003 Utah State of the State Address|Utah State of the State Address]]", January 21, 2003.</ref>

The men arrived at a residential complex with earthen huts and a [[granary]], surrounded by a stone wall with a metal gate approximately 100&nbsp;metres from the main hut.{{citation needed|date=January 2018}}
[[Image:KHadr5.png|thumb|American soldiers standing outside the compound]]
Seeing five men described as "well-dressed" in the main residence with [[AK-47]]s nearby, there is dispute whether the Americans approached and told the occupants to open the front door<ref name="easy">Bravin, Jess. ''[[Wall Street Journal]]''. [http://www.post-gazette.com/pg/06352/747086-84.stm "At Guantanamo, even 'easy' cases have lingered"] {{Webarchive|url=https://web.archive.org/web/20070929122706/http://www.post-gazette.com/pg/06352/747086-84.stm |date=2007-09-29 }}, December 18, 2006.</ref> or set up a perimeter around the complex.<ref name="post"/> In the end, the team waited approximately 45&nbsp;minutes for support to arrive.

By that time a crowd of about 100 local Afghans had gathered around the area to observe the operation.<ref name="easy"/> An Afghan militiaman was sent toward the house to demand the surrender of the occupants, but retreated under gunfire.<ref name="OC1"/>

Reinforcements from the 3rd Platoon of Bravo Company, 1st Battalion 505th Infantry Regiment arrived under the command of Captain Christopher W. Cirino,<ref name="fay">''[[Fayetteville Observer]]'' [http://www.fayettevillenc.com/obj_stories/2002/aug/m01bragg.shtml story on firefight] {{webarchive|url=https://web.archive.org/web/20071017191357/http://fayettevillenc.com/obj_stories/2002/aug/m01bragg.shtml |date=2007-10-17 }}, August 3, 2002</ref><ref name="voa"/> bringing the total number of soldiers to about fifty.<ref name="green">Schmitt, Eric. ''[[The New York Times]],'' [https://query.nytimes.com/gst/fullpage.html?res=9D0DE5D8103AF930A2575BC0A9649C8B63  "A Green Beret Dies of Wounds Sustained in Afghanistan in July"], August 13, 2002</ref> Two more Afghans were sent to speak with the residents, and they returned and reported that the men claimed to be [[Pashtun people|Pashtun]] villagers. The Americans told them to return and say the Americans wanted to search their house regardless of their affiliation.<ref name="voa">Drudge, Michael. ''[[VOA News]],'' [[s:Ab Khail VOA Report|Afghanistan/Combat]], August 1, 2002</ref> When the militiamen shared this information, the occupants of the hut opened fire, shooting both messengers.<ref name="worth">[[Andy Worthington|Worthington, Andy]]. [http://www.nthposition.com/thetrialsofomarkhadr.php The trials of Omar Khadr, Guantánamo's "child soldier"] {{webarchive|url=https://web.archive.org/web/20080509174555/http://www.nthposition.com/thetrialsofomarkhadr.php |date=2008-05-09 }}, November 7, 2007.</ref><ref>Note: The translators have been describe in reports as "wounded" or "killed" by the opening fire.</ref> At least one woman and a child fled the huts, while the remaining occupants began throwing grenades at the American and Afghan troops, paired with intermittent rifle fire.<ref name="OC1"/>

Morris and Silver took up positions outside the stone wall.<ref name="thestar"/> Morris received a cut above his right eye and had shrapnel embedded in his nose. At first, Morris and Silver thought the wound was due to Morris's rifle malfunctioning, but it was later attributed to a grenade.<ref name="thestar"/><ref name="outcast">Struck, Doug. ''[[Washington Post]],'' "[https://www.washingtonpost.com/wp-dyn/content/article/2005/06/08/AR2005060802358_pf.html In Canada, an Outcast Family Finds Support"] {{Webarchive|url=https://web.archive.org/web/20171229125204/http://www.washingtonpost.com/wp-dyn/content/article/2005/06/08/AR2005060802358_pf.html |date=2017-12-29 }}, June 9, 2005.</ref> Morris was then dragged a safe distance from the combat, and was shortly after joined by Spc. Michael Rewakowski, Pfc. Brian Worth and Spc. Christopher J. Vedvick, who had also been wounded by grenades.<ref name="purple">Schult, Ann Marie. ''ArmyLINK News'', "[[s:Five injured in most recent Afghan firefight awarded Purple Hearts|Five Injured in most recent Afghan firefight awarded Purple Hearts]]", August 2, 2002.</ref>

At 09:10 UTC, the Americans sent a request for [[MedEvac]] to the [[57th Medical Detachment]]. Ten minutes later, a pair of [[UH-60|UH-60 Blackhawk helicopter]]s were deployed, with [[AH-64 Apache|AH-64 Apache helicopter]]s as an escort. Arriving at the scene, the Apaches strafed the compound with cannon and rocket fire, while the medical helicopters remained {{convert|12|mi|km}} from the ongoing firefight.<ref name="dustoff"/> The helicopters landed at 10:28 UTC to load the wounded aboard.<ref name="dustoff"/><ref>{{cite web|url=http://www.sikorsky.com/details/0,9602,CLI1_DIV69_ETI1420,00.html|title=57th Med Wins DUSTOFF laurels. For Combat Rescue in 'Cherry' LZ|archive-url=https://web.archive.org/web/20061016203437/http://www.sikorsky.com/details_printable/1,9590,CLI1_DIV69_ETI1420,00.html|archive-date=October 16, 2006|publisher=[[Sikorsky Aircraft]]}}</ref> Afterwards a pair of [[A-10 Warthog|A-10 Warthog aircraft]] dropped multiple [[General-purpose bomb|500 lb bombs]] on the compound.<ref name="thestar"/><ref name="dustoff"/>
[[Image:Speer at Bagram being unloaded by the 396th Medical.jpg|thumb|left|Speer being unloaded at Bagram]]
At this point,<ref name="OC1"/> a five-vehicle convoy of American reinforcements arrived, bringing the number of troops to approximately 100.<ref name="green"/> Two of these vehicles were destroyed by the militants.<ref name="OC1"/> Ten minutes later, the MedEvac left for [[Bagram Airbase]] and reached [[Bagram Airfield]] at 11:30.<ref name="post"/><ref name="dustoff"/>

Unaware that Khadr and one other militant had survived the bombing, the ground forces sent a team consisting of ''OC-1'',<ref name="OC1"/> Silver, Speer and three [[Delta Force]] soldiers<ref>It is not clear if ''OC-1'' was one of the Delta Force soldiers</ref> through a hole in the south side of the compound's wall.<ref name="aol">[[CBC.ca|CBC]], [http://news.aol.ca/article/Did-Friendly-Fire-Kill-Medic-Not-Khadr/193444 "Did Friendly Fire Kill Medic, Not Khadr?"] {{Webarchive|url=https://web.archive.org/web/20080414061023/http://news.aol.ca/article/Did-Friendly-Fire-Kill-Medic-Not-Khadr/193444/ |date=2008-04-14 }}, April 12, 2008.</ref>

The team found the bodies of dead animals and three fighters.<ref name="thestar"/>  According to Silver's 2007 telling of the event, he heard a sound "like a gunshot" and saw the three Delta Force soldiers duck. A grenade went by the men and exploded near the rear of the group, injuring Speer, who was "wearing Afghan garb and helmetless."<ref name="thestar"/><ref>{{cite news|url=https://www.theglobeandmail.com/news/national/omar-khadr-war-crimes-appeal-in-us-hits-troubling-legal-snag/article15575800|first=Paul|last=Koring|title=Omar Khadr war-crimes appeal in U.S. could face lengthy delay|work=Globe & Mail|date=November 22, 2013|access-date=2015-01-19|archive-url=https://web.archive.org/web/20150701173405/http://www.theglobeandmail.com/news/national/omar-khadr-war-crimes-appeal-in-us-hits-troubling-legal-snag/article15575800/|archive-date=July 1, 2015|url-status=live|df=mdy-all}}</ref><ref name="pay">Humphreys, Adrian. [https://nationalpost.com/story.html?id=43c0864a-c38a-4898-8774-9a6013eb87db&k=76230 "Khadrs must pay $102M"] {{webarchive|url=https://archive.today/20130104174752/http://www.nationalpost.com/story.html?id=43c0864a-c38a-4898-8774-9a6013eb87db&k=76230|date=2013-01-04}}, ''[[National Post]]'', February 20, 2006.</ref><ref>{{cite web|url=http://cnews.canoe.ca/CNEWS/Canada/2010/08/12/15007226.html|title=Widow of dead soldier emotional at Khadr's trial|work=canoe.com|date=August 12, 2010|access-date=October 29, 2010|archive-url=https://archive.today/20120713003545/http://cnews.canoe.ca/CNEWS/Canada/2010/08/12/15007226.html|archive-date=July 13, 2012|url-status=usurped|df=mdy-all}}</ref>

''OC-1'' reported that although he didn't hear any gunfire, the dust from the north side of the complex led him to believe the team was under fire from a shooter between the house and barn. He reported that a grenade was lobbed over the wall that led to the alley and landed 30–50&nbsp;metres from the alley's opening. Running towards the alley to avoid the blast, ''OC-1'' fired a dozen [[M4 Carbine]] rounds into the alley as he ran past, although there was no visibility due to clouds of dust. Crouching at the southeast entrance to the alleyway, ''OC-1'' could see a man with a holstered pistol and two chest wounds moving on the ground next to an AK-47. From his position ''OC-1'' fired a single shot into the man's head, killing him.<ref name="OC1"/> When the dust cleared, ''OC-1'' saw Khadr crouched, facing away from the action and<ref name="worth"/> shot Khadr twice in the back.<ref name="OC1"/>
[[Image:Omar Khadr getting battlefield first aid.jpg|thumb|Two soldiers kneel over the wounded Khadr.]]
''OC-1'' estimated that all the events since entering the wall had taken less than a minute to unfold, and that he had been the only American to fire his weapon. Silver initially claimed that two Delta Force troops had opened fire, shooting all three of the shots into Khadr's chest, after Khadr was seen to be holding a pistol and facing the troops.<ref name="thestar"/><ref name="worth"/>

These claims seem to contradict ''OC-1'''s version of events. ''OC-1'' did agree however, that something was lying in the dust near Khadr, although he could not recall if it was a pistol or grenade.<ref name="OC1"/>

Entering the alleyway, ''OC-1'' saw two dead militants under rubble and believed they had been killed by the airstrikes.<ref name="OC1"/> He then confirmed that the man he had shot was dead. Moving back to Khadr, ''OC-1'' found that he was alive. Turning Khadr over onto his back, ''OC-1'' left the alley to find Speer, whose injuries ''OC-1'' was then unaware of. While leaving the alleyway, ''OC-1'' saw a third AK-47 and several grenades.<ref name="OC1"/>
[[Image:Uncropped Medical Treatment of Omar Khadr.JPG|thumb|Khadr being treated by medics]]

Khadr was given on-site medical attention, during which time he repeatedly asked the medics to kill him. Delta Force soldiers ordered them not to harm the prisoner.<ref>[https://www.thestar.com/News/World/article/347974 "Captured Khadr nearly executed: documents"] {{Webarchive|url=https://web.archive.org/web/20080321040230/http://www.thestar.com/News/World/article/347974 |date=2008-03-21 }}, ''Toronto Star'', March 19, 2008.</ref> Khadr was loaded aboard a [[CH-47 Chinook|CH-47 helicopter]] and flown to Bagram Airbase in Afghanistan, losing consciousness during the flight.<ref name="OC1"/><ref name="aff">[[s:Affidavit of Omar Ahmed Khadr|Affidavit of Omar Ahmed Khadr]], February 22, 2008.</ref>

=== Aftermath ===
[[Image:Remains of Ab Kheyl Compound, July 2002.JPG|thumb|Remains of the structure after bombing]]
The following day, soldiers including Silver returned to search the premises.<ref name="OC1"/> Local villagers were believed to have taken away the bodies of the two men killed and given them an [[Islamic funeral|Islamic burial]]. They refused to disclose the location to the Americans, who wanted to identify the fighters.<ref name="child"/>

Believing that the wooden boards beneath the last-killed rifleman could have been used to cover an underground chamber,<ref name="OC1"/> the soldiers used an [[excavator]] to tear down the walls of the buildings. They uncovered five boxes of rifle ammunition, two rockets, two grenades and three [[rocket-propelled grenade]]s in the huts. Some had accidentally detonated while lying in the smouldering ruins.<ref name="child"/><ref>[[Fox News Channel]], [http://www.foxnews.com/story/0,2933,59021,00.html "U.S. Troops Discover Weapons Cache in Afghanistan"], July 29, 2002 [https://www.foxnews.com/story/0,2933,59021,00.html]</ref> A plastic bag was discovered in the granary, containing documents, wires and a [[videocassette]].<ref name="child"/> ''OC-1'''s report claims the videotape was found in the main house, rather than the granary, and also mentioned [[detonator]]s modelled as [[Sega Mega Drive|Sega game cartridges]].<ref name="OC1"/>

The video shows Khadr toying with [[detonating cord]] as other men, including one later identified as Abu Laith al-Libi, assemble explosives in the same house that had been destroyed the day before by US forces. It is identifiable by its walls, rugs and the environment seen out the windows in the video.<ref name="thestar"/><ref name="OC1"/> The men plant [[landmine]]s while smiling and joking with the cameraman.<ref name="child"/><ref name="easy"/><ref>[[CBS News]], [http://www.cbsnews.com/stories/2007/11/16/60minutes/main3516048.shtml "Omar Khadr: The Youngest Terrorist?, Was Only 15 Years Old When He Was Captured In Afghanistan"] {{Webarchive|url=https://web.archive.org/web/20080511215040/http://www.cbsnews.com/stories/2007/11/16/60minutes/main3516048.shtml |date=2008-05-11 }}</ref> A [[Voice of America]] report suggested that these were the landmines later recovered by American forces on a road between Gardez and Khost.<ref name="OC1"/>
{{Wikisource|Ab Khail VOA Report}}
The BBC said the US forces and militia had come under small arms fire; a US source noted it was the first time the enemy "had stood his ground" since [[Operation Anaconda]] had ended four months earlier.<ref name="purple"/><ref>[[BBC]], "[http://news.bbc.co.uk/2/hi/south_asia/2156037.stm US soldiers caught in Afghan ambush] {{Webarchive|url=https://web.archive.org/web/20040623213123/http://news.bbc.co.uk/2/hi/south_asia/2156037.stm |date=2004-06-23 }}", BBC, July 27, 2002.</ref>

Hansen and Watt were both awarded a [[Bronze Star]], for running forward under fire to retrieve two fallen bodies. Sources differ on whether these were wounded American soldiers, including Morris, or the two Afghan militiamen shot at the outset.<ref name="thestar"/><ref name="slct">House, Dawn. "Some troops doubt Afghanistan effort is adequate", ''[[Salt Lake Tribune]]'', March 20, 2004.</ref> The five wounded men were awarded [[Purple Heart]]s.<ref name="purple"/> Speer was moved from Bagram airbase to [[Ramstein Air Base]] in Germany, where he was removed from [[life support]] on August 7 and died; his heart, liver, lungs and kidneys were [[organ donation|donated]] for use by other patients.<ref name="child"/>

==Time at Bagram==
The unconscious Khadr was airlifted to receive medical attention at Bagram. After he regained consciousness approximately a week later, interrogations began. He remained stretcher-bound for several weeks.<ref name="aff"/> Col. Marjorie Mosier operated on his eyes after his arrival,<ref>[[Montreal Gazette]], [https://montrealgazette.com/news/Doctor+testify+last+days+trial/1191719/story.html "Doctor to testify in last days of Khadr trial"] {{webarchive|url=https://web.archive.org/web/20101110043414/http://www.montrealgazette.com/news/Doctor+testify+last+days+trial/1191719/story.html |date=2010-11-10 }}, January 19, 2009</ref> though fellow detainee [[Rhuhel Ahmed]] later claimed that Khadr had been denied other forms of surgery to save his eyesight as punishment for not giving interrogators the answers they sought.<ref name="tipton">[http://ccrjustice.org/ Center for Constitutional Rights] {{Webarchive|url=https://web.archive.org/web/20071026145430/http://ccrjustice.org/ |date=2007-10-26 }}, [http://ccrjustice.org/files/report_tiptonThree.pdf Composite statement: Detention in Afghanistan and Guantanamo Bay] {{Webarchive|url=https://web.archive.org/web/20080507202305/http://www.ccrjustice.org/files/report_tiptonThree.pdf |date=2008-05-07 }}, Shafiq Rasul, Asif Iqbal and Rhuhel Ahmed</ref> His requests for darkened [[sunglasses]] to protect his failing eyesight were denied for "state security" reasons.<ref name="sin"/>

According to a [[motion to suppress]] ruling<ref>[[Michael Welner]], ''New English Review'' Posting,[https://web.archive.org/web/20100828043626/http://www.defense.gov/news/D94-D111.pdf pages 3 and 4 of the Ruling, Ruling attached to Welner: Risk Assessment of Radical Jihadism Emerges With Khadr Jury] November 5, 2010 ([https://web.archive.org/web/20100828043626/http://www.defense.gov/news/D94-D111.pdf archived] on August 28, 2010)</ref><ref>{{cite web|url=http://www.newenglishreview.org/blog_direct_link.cfm/blog_id/30546/cat_id/632/Welner-Risk-Assessment-of-Radical-Jihadism-Emerges-With-Khadr-Jury-Ruling|title=Welner: Risk Assessment of Radical Jihadism Emerges With Khadr Jury Ruling|work=newenglishreview.org|archive-url=https://web.archive.org/web/20150317125440/http://www.newenglishreview.org/blog_direct_link.cfm/blog_id/30546/cat_id/632/Welner-Risk-Assessment-of-Radical-Jihadism-Emerges-With-Khadr-Jury-Ruling|archive-date=March 17, 2015}}</ref> by Guantanamo military judge Patrick Parrish, various interrogation techniques were used on Khadr at Bagram including:

# The "Fear Up" technique. This technique is described by the judge as "a technique used as an attempt to raise the fear level of a detainee." In Khadr's case it included telling him that a detainee who "lied to interrogators" was raped in the showers by "big, black guys".
# The "love of freedom" and "Pride/Ego Down" techniques which, according to judge Parrish are "attempts to gather information through appealing to a person's desire to go home or implying that he was not really an important person.."
# The "Fear of Incarceration" technique, which the judge said was "an attempt to gain cooperation in order to return to a normal life rather than be detained."

Following the hearing, the military judge ruled that there was no credible evidence that Khadr had been tortured as alleged, and that his confession was gained after it was revealed that Americans had discovered a videotape of Khadr and others making IEDs.<ref>{{cite web|url=http://www.defense.gov/news/D94-D111.pdf|title=RSupression Hearing: Ruling|access-date=November 16, 2010|url-status=dead|archive-url=https://web.archive.org/web/20101101225658/http://www.defense.gov/news/D94-D111.pdf|archive-date=November 1, 2010}}</ref>

On August 20, the United States informed Canada of the capture and asked them to confirm the identity of their prisoner.<ref>Lumpkin, John J. [[Associated Press]], "[http://www.signonsandiego.com/news/nation/terror/20020905-1515-afghan-teensuspect.html Canadian teen in U.S. military custody after Afghan firefight"] {{Webarchive|url=https://web.archive.org/web/20021003064354/http://www.signonsandiego.com/news/nation/terror/20020905-1515-afghan-teensuspect.html |date=2002-10-03 }}, ''Sign on San Diego'', September 5, 2002</ref> Ten days later, Canadian officials sent a diplomatic query to the United States requesting [[consulate|consular]] access to their citizen being held at Bagram. The request was denied, with a statement that Canada would be notified only if Canadian citizens were transferred to Guantánamo Bay.<ref name="amnesty"/> Around this time Khadr was visited by the [[Red Cross]].<ref>[[Los Angeles Times]], "The World; Leniency Is Urged for Teen Held by U.S.", September 17, 2002.</ref>

Khadr states that he was refused pain medication for his wounds, that he had his hands tied above a door frame for hours, had cold water thrown on him, had a bag placed over his head and was threatened with military dogs, was [[fart|flatulated]] upon, and forced to carry {{convert|5|USgal|litre|adj=on}} pails of water to aggravate his shoulder wound. Not allowed to use a washroom, he was forced to urinate on himself.<ref name="aff"/><ref name="amnesty">[[Amnesty International]], [http://www.amnestyusa.org/document.php?lang=e&id=ENGAMR511842005 Case File 14: Omar Khadr] {{webarchive|url=https://web.archive.org/web/20081019094027/http://www.amnestyusa.org/document.php?lang=e&id=ENGAMR511842005 |date=2008-10-19 }}</ref> His chief interrogator was [[Joshua Claus]]. Following the in-custody death of wrongly accused [[Dilawar (torture victim)|Dilawar]] that same year, Claus pleaded guilty to abusing detainees to extract confessions.<ref>[[Michelle Shephard|Shephard, Michelle]], ''Toronto Star,'' [https://www.thestar.com/article/350415 "Khadr's military interrogation faces scrutiny"] {{Webarchive|url=https://web.archive.org/web/20121015174846/http://www.thestar.com/article/350415 |date=2012-10-15 }}, March 25, 2008</ref>

A letter from the Canadian embassy was sent on September 13, stating that "various laws of Canada and the United States" required special treatment of Khadr due to his age, and requesting that the United States not transfer Khadr to Guantanamo.<ref name="Gorham">{{cite news|last1=Gorham|first1=Beth|title=Canada asked U.S. not to send Khadr to Guantanamo because of his age|url=https://www.metro.us/news/canada-asked-u-s-not-to-send-khadr-to-guantanamo-because-of-his-age/tmWhdq---46b6GM3fSyDI2|access-date=9 November 2017|work=The Canadian Press|date=17 April 2008|language=en|archive-url=https://web.archive.org/web/20171109081324/https://www.metro.us/news/canada-asked-u-s-not-to-send-khadr-to-guantanamo-because-of-his-age/tmWhdq---46b6GM3fSyDI2|archive-date=9 November 2017|url-status=live|df=dmy-all}}, April 18, 2008</ref><ref>[[Ottawa Sun]], "Feds tried to block Khadr's transfer", April 18, 2008.</ref>

According to court documents filed by the US military in 2007, Khadr was interrogated again on September 17, 2002, and stated he helped the militants because he had been told the United States was fighting a war against Islam.<ref name=GlobeAndMail20070712/>  When asked if he knew of a {{USD|1,500}} [[bounty (reward)|bounty]] being offered for each American soldier killed in Afghanistan, he allegedly responded that he had heard the story, but didn't know who was offering the reward. When asked how that made him feel at the time, the US military reports that Khadr stated "I wanted to kill a lot of American[s] to get lots of money".<ref name=GlobeAndMail20070712>
{{cite news
| url=https://beta.theglobeandmail.com/news/world/khadr-sought-1500-bounty-us-says/article20399018/
| title=Khadr sought $1,500 bounty, U.S. says
| author=Colin Freeze
| work=[[The Globe and Mail]]
| date=July 12, 2007
| location=Toronto
| access-date=November 9, 2017
| archive-url=https://web.archive.org/web/20181221181358/https://beta.theglobeandmail.com/news/world/khadr-sought-1500-bounty-us-says/article20399018/
| archive-date=December 21, 2018
| url-status=live
| df=mdy-all
}}
</ref> Khadr's defence characterized these statements as "information [the government] coerced out of him as a 15- or 16-year-old boy recovering from critical wounds inflicted by U.S. forces."<ref name=GlobeAndMail20070712 />

Khadr spent three months recuperating at Bagram. He shared a cell with [[Moazzam Begg]] and ten others. He became conversational with guard [[Damien Corsetti]].<ref name="child">{{cite book|title=Guantanamo's Child|last=Shephard|first=Michelle|author-link=Michelle Shephard|year=2008|publisher=[[John Wiley & Sons]]}}</ref>
[[Image:Bound, hooded captives, being flown to Guantanamo.png|thumb|Captives being flown to Guantanamo]]

On October 7, [[Federal Bureau of Investigation]] (FBI) agent [[Robert Fuller (FBI)|Robert Fuller]] interrogated Khadr.<ref name=miami>{{cite news|title=At Guantanamo, a war crimes trial is postponed indefinitely|url=http://www.mcclatchydc.com/2009/01/20/60356/at-guantanamo-a-war-crimes-trial.html|newspaper=Miami Herald|date=January 20, 2009|access-date=September 23, 2011|first=Carol|last=Rosenberg|author-link=Carol Rosenberg|archive-url=https://web.archive.org/web/20120922122746/http://www.mcclatchydc.com/2009/01/20/60356/at-guantanamo-a-war-crimes-trial.html|archive-date=September 22, 2012|url-status=live|df=mdy-all}}</ref> According to Fuller's report, he showed Khadr a photo book of al-Qaeda suspects. Khadr took several minutes to identify [[Maher Arar]] from one of the photographs. The report also stated that Khadr thought he saw Arar at a Kabul, Afghanistan safe house in September and October 2001.<ref name=cbc20Jan2009>{{cite news|title=Khadr couldn't pick out Arar immediately, FBI agent admits|url=https://www.cbc.ca/news/world/khadr-couldn-t-pick-out-arar-immediately-fbi-agent-admits-1.785338|agency=CBC News|date=January 20, 2009|access-date=September 23, 2011|archive-url=https://web.archive.org/web/20120130051939/http://www.cbc.ca/news/world/story/2009/01/20/khadr-hearing.html|archive-date=January 30, 2012|url-status=live|df=mdy-all}}</ref>

The day after the interrogation (October 8, 2002), Arar, who had been in detention at J.F.K. airport for the past 12 days, was [[extraordinary rendition|extraordinarily rendered]] to Syria.<ref name=miami/><ref name=cbc20Jan2009/> 
Khadr was transferred to Guantanamo along with [[Richard Belmar]], [[Jamal Kiyemba]] and other captives on October 28, 2002, although Canadian officials were not notified as promised.<ref name="begg">[[Moazzam Begg|Begg, Moazzam]], ''Enemy Combatant''</ref>

==Time at Guantanamo==
{{Wikisource|Khadr case continues amid "child soldier" debate}}Khadr arrived at Guantanamo Bay on October 29 or 30, 2002, considered an enemy combatant. He was recorded as standing {{convert|170|cm|ftin|abbr=on}} and weighing {{convert|70|kg|lb|abbr=on}}.<ref name="child"/> Despite being under 18, he was held as an adult prisoner. Officials considered him an "intelligence treasure trove", as his father was suspected of al-Qaeda activities, and Khadr had personally met [[Osama bin Laden]]. Khadr initially spent much of his time in the prison hospital, where he spoke with the Muslim [[chaplain]] [[James Yee]], although he didn't seek any religious counselling.<ref name="child"/> {{Wikisource|Khadr vs. Canada}}
{{Wikisource|Interview of (UNK) Khadr, Omar Ahmed (24 Feb 2003)}}
In February 2003, Canadian Foreign Affairs intelligence officer [[Jim Gould]] and an official from the [[Canadian Security Intelligence Service]] (CSIS) interrogated Khadr.<ref name="playDown">[[Michelle Shephard|Shephard, Michelle]], [[Toronto Star]], [https://www.thestar.com/printArticle/247900 "Ottawa played down Khadr concerns"] {{webarchive|url=https://web.archive.org/web/20121015174909/http://www.thestar.com/printArticle/247900|date=2012-10-15}}, August 20, 2007.</ref>

For three weeks prior to the Canadian visit, the US guards [[sleep deprivation|deprived Khadr of sleep]], moving him to a new cell every three hours for 21 days in order to "make him more amenable and willing to talk".<ref name=globe20080709>{{cite news|url=https://beta.theglobeandmail.com/news/world/canadas-secret-documents-on-khadrs-treatment-revealed/article656557|title=Canada's secret documents on Khadr's treatment revealed|work=The Globe and Mail|date=2008-07-09|access-date=2008-09-10|last1=El Akkad|first1=Omar|last2=Freeze|first2=Colin|location=Toronto|archive-url=https://web.archive.org/web/20181221183204/https://beta.theglobeandmail.com/news/world/canadas-secret-documents-on-khadrs-treatment-revealed/article656557/|archive-date=2018-12-21|url-status=live}}</ref>

[[File:Omar Khadr interrogated (full 10 minutes)-1.ogg|thumb|left|Video of February 2003 interrogation by [[Canadian Security Intelligence Service|CSIS]] agents]]
Gould brought Khadr a [[Big Mac]] value meal,<ref name="letter">[[Michelle Shephard]], ''[[Toronto Star]],'' "Canadian faces murder charges at a military tribunal", January 8, 2006.</ref> with the government stating the visit was "to ascertain Khadr's well-being". His attorneys later applied for and obtained an [[injunction]] from Justice [[Konrad von Finckenstein]] of the Federal Court of Canada to prevent CSIS from interrogating their client in the future.<ref name="ctv01">[http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20050409/Khadr_CSIS_050409?s_name=&no_ads= "CSIS admits sharing Khadr info with U.S.: report"] {{Webarchive|url=https://web.archive.org/web/20061027120919/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20050409/Khadr_CSIS_050409?s_name=&no_ads= |date=2006-10-27 }}, [[CTV News]], April 9, 2005.</ref><ref>[[Federal Court of Canada]], [[s:Khadr vs. Canada|''Khadr vs. Canada'']] (May 2005).</ref>

The following month, a briefing from the Foreign Affairs department summarized Gould's findings, stating that Khadr was a "thoroughly 'screwed up' young man. All those persons who have been in positions of authority over him have abused him and his trust, for their own purposes."<ref name="child"/> Protesting that DFAIT and CSIS had been allowed to interrogate Khadr, but not the RCMP, Supt. Mike Cabana resigned his post in [[Project O Canada]].<ref name="kerry">Pither, Kerry. ''Dark Days: The Story of Four Canadians Tortured in the Name of Fighting Terror'', 2008.</ref>

Khadr's lawyers allege that his interrogators "dragged [him] back and forth in a mixture of his urine and pine oil" and did not provide a change of clothes for two days in March 2003.<ref name=Cbc20060710>{{cite news|url=https://www.cbc.ca/news/canada/canadian-teen-abused-at-guantanamo-bay-report-1.582047 |title=Canadian teen abused at Guantanamo Bay: report |publisher=[[CBC News|CBC]] |date=July 10, 2006 |url-status=live |archive-url=https://web.archive.org/web/20090422091652/http://www.cbc.ca/canada/story/2006/07/10/khadr10072006.html |archive-date=April 22, 2009 }}</ref> At the end of March 2003, Omar was upgraded to "Level Four" security, and transferred to [[solitary confinement]] in a windowless and empty cell for the month of April.<ref name="unending"/> In 2003, Khadr began leading prayer groups among the detainees.<ref name="letter"/>

A year after he confided in Moazzam Begg, a British citizen who was then a detainee, that his older brother [[Abdurahman Khadr]] was working for the Americans,<ref name="child"/> Omar was allowed a brief talk with Abdurahman. He was also being held as a detainee at Guantanamo and has claimed to have been working for the CIA at the time as an informant. His brother was held {{convert|50|ft|m}} away in a separate enclosure. The two shouted to each other in [[Arabic language|Arabic]], and Omar told his older brother not to admit their family's dealings with al-Qaeda, and mentioned that he was losing his left eye.<ref name="SonofAlQaeda">[https://www.pbs.org/wgbh/pages/frontline/shows/khadr/ "Son of Al Qaeda"] , ''[[Frontline (PBS)]]''</ref> During his stay, the younger Khadr [[Hafiz (Qur'an)|memorized the Quran]], according to a letter to his mother.<ref>[[s:Omar Khadr Letter to his Mother|Letter to his mother]], 18/6/2004</ref>

In March 2004, the Canadian intelligence officer Jim Gould returned to Guantanamo, finding Khadr uncooperative. The Foreign Affairs office said that Khadr was trying to be a "tough guy" and impress his cellmates. His attorney [[Muneer Ahmad]] said that Khadr had originally thought Gould "had finally come to help him" in 2003, but by 2004 had realised that he was being interrogated, not aided, by the Canadian government.<ref name="letter"/> In all, Khadr was interrogated by Canadians six times between 2003 and 2004,<ref name="liar">[https://www.thestar.com/article/347643 "'Canadians called me a liar': Khadr"] {{Webarchive|url=https://web.archive.org/web/20121015174917/http://www.thestar.com/article/347643 |date=2012-10-15 }}, ''[[Toronto Star]]'', March 19, 2008.</ref> and ordered to identify photos of Canadians believed to have ties to terrorism. When he told the Canadians that he had been tortured by the Americans into giving false confessions, the Canadian authorities said he was a liar. Khadr later recalled that he had "tried to cooperate so that they would take me back to Canada".<ref name="liar"/>
{{wikisource-multi
|Omar Khadr Letter to his Mother|t1=Letter to his mother
|Omar Khadr Letter to his Mother II|t2=Second letter to his mother
|Omar Khadr Letter to his Brother|t3=Letter to his brother
|Q & A Omar Khadr|t4=Q & A Omar Khadr}}

In August, the attorneys Rick Wilson and Muneer Ahmad submitted an "emergency motion" asking for the release of Khadr's medical records. Rebuffed, they were given a statement from the Guantanamo naval hospital commander Dr. John S. Edmondson that Khadr was "in good health", and a two-page "Healthcare Services Evaluation".<ref name="repat">[http://www.cla-ace.ca/khadrrepatriation.pdf Repatriation of Omar Khadr to be Tried under Canadian Law] {{webarchive|url=https://web.archive.org/web/20080726025924/http://www.cla-ace.ca/khadrrepatriation.pdf|date=2008-07-26}}, Brief Submitted to Senate Standing Committee on Human Rights, January 2008</ref>

In November 2004, following a meeting with his attorneys, Khadr was interrogated for four days about what he had discussed with his defence lawyers. He has said that during this time, interrogators used "extreme physical force" and refused to allow him to say his [[Salat|daily prayers]].<ref>Memorandum submitted by Muneer Ahmad and Richard Wilson, for ''Omar Khadr v. Bush'', March 21, 2005.</ref>

During this visit, the lawyers had administered a psychological questionnaire known as the "[[Mini–mental state examination]]", which they later gave to Dr. Eric W. Trupin, an expert in the developmental psychology of juveniles in confinement. Trupin ruled that Khadr was suffering from "delusions and hallucinations, suicidal behaviour and intense paranoia", and that his abuse had left him "particularly susceptible to mental coercion",<ref name="repat"/> and at moderate to high risk of committing [[suicide]].<ref name="unending"/> Their efforts to secure approval by the US for an independent medical examination of their client were not successful by mid-2006.<ref>Trupin Declaration, at paras. 19, 24. In Memorandum submitted by Muneer Ahmad and Richard Wilson for O.K. v. Bush (March 21, 2005)</ref>

On March 19, 2005, Canadian government officials began a series of regular "welfare visits" to Khadr to monitor his behaviour. He was being held in Camp V, the maximum-security isolation camp, and they had reports that he had thrown [[urine]] at guards and was refusing to eat.<ref name="edwards">Edwards, Steven. ''[[Calgary Herald]]'', [http://www.canada.com/calgaryherald/story.html?id=0b96d597-4dbd-4d9b-a9c7-c032c7721fe2 "At times defiant, Khadr's behaviour mellows with time at Guantanamo"] {{webarchive|url=https://web.archive.org/web/20080605105011/http://www.canada.com/calgaryherald/story.html?id=0b96d597-4dbd-4d9b-a9c7-c032c7721fe2|date=2008-06-05}}, June 4, 2008</ref> That year, his older sister [[Zaynab Khadr|Zaynab]] moved back to Canada from Pakistan to work for better treatment for Omar and his brother [[Abdullah Khadr|Abdullah]].<ref name=cageprisoners>
[http://www.cageprisoners.com/articles.php?id=5550 "Daughter of alleged terrorist returns: RCMP meets her with search warrant"] {{webarchive|url=https://web.archive.org/web/20081009235732/http://www.cageprisoners.com/articles.php?id=5550|date=2008-10-09}}, cageprisoners.com, February 27, 2005</ref>

In April 2005, Khadr was given another written psychiatric test by his lawyers, which they gave for interpretation to Dr. Daryl Matthews, a [[forensic psychologist]] who had been invited to Guantanamo two years earlier by [[The Pentagon]]. Matthews concluded that Khadr met the "full criteria for a diagnosis of [[PTSD|post-traumatic stress disorder]]" (PTSD).<ref name="repat"/>

In May 2005, Khadr announced that he would no longer cooperate with any of the American attorneys on his case. His Canadian lawyers convinced him that he had to retain Lt. Cmdr. [[William C. Kuebler]], due to the tribunal regulations which required a military lawyer to be part of the defense. Three months later, the Canadian court upheld the federal injunction banning any further interrogations of Khadr by CSIS.<ref>Office of the Commissioner for Federal Judicial Affairs, [http://reports.fja.gc.ca/eng/2005/2005fc1076/2005fc1076.html "''Khadr v. Canada'' ruling"] {{Webarchive|url=https://web.archive.org/web/20110706181935/http://reports.fja.gc.ca/eng/2005/2005fc1076/2005fc1076.html |date=2011-07-06 }}, August 2005</ref><ref>[[CBC.ca|CBC]], "CSIS defends right to interrogate Khadr", CBC, August 11, 2005</ref>

Khadr participated in the widespread July 2005 hunger strike by 200 detainees, going fifteen days without eating.<ref name=GlobeandMail050901>{{cite news|last1=Freeze|first1=Colin|title=Guantanamo teen on hunger strike, lawyers say|url=https://beta.theglobeandmail.com/news/national/guantanamo-teen-on-hunger-strike-lawyers-say/article1123658|access-date=November 9, 2017|publisher=The Globe and Mail|date=September 1, 2005|archive-url=https://web.archive.org/web/20181221183219/https://beta.theglobeandmail.com/news/national/guantanamo-teen-on-hunger-strike-lawyers-say/article1123658/|archive-date=December 21, 2018|url-status=live|df=mdy-all}}</ref> He was twice taken to the on-site hospital and [[force-fed]]. He said that on July 9 he was kicked and assaulted repeatedly by [[Military Police Corps (United States)|military police]] after collapsing from weakness.<ref name="repat"/>

On July 20, 2005, the Guantánamo detainee [[Omar Deghayes]] wrote in his diary, "Omar Khadr is very sick in our block. He is throwing [up] blood. They gave him cyrum [serum] when they found him on the floor in his cell." This extract was published in ''[[The Independent]]''.<ref name=Independent050911>[http://news.independent.co.uk/uk/this_britain/article311813.ece "Revealed: the diary of a British man on hunger strike in Guantanamo"] {{webarchive|url=https://web.archive.org/web/20051114003625/http://news.independent.co.uk/uk/this_britain/article311813.ece|date=2005-11-14}}, ''[[The Independent]]'', September 11, 2005.</ref>[[Image:Omar Khadr banner.png|thumb|Canadian demonstrators demanding Khadr's repatriation.]]
In 2006, the US Army began an investigation into the alleged abuse against Khadr while he had been held in Bagram.<ref>Edwards, Steven. [[CanWest]], [http://www.canada.com/ottawacitizen/news/story.html?id=516beb09-bb9e-455f-8fac-e1283a0329f3 " U.S. derailed probe that could have scuttled Khadr case: lawyer"] {{webarchive|url=https://web.archive.org/web/20121106135240/http://www.canada.com/ottawacitizen/news/story.html?id=516beb09-bb9e-455f-8fac-e1283a0329f3|date=2012-11-06}}, ''Ottawa Citizen'', May 8, 2008</ref> In July he was transferred back to the isolation cells in Camp V after he expressed distrust of his military lawyers and called the guards "idiots".<ref name="edwards"/>

On March 6, 2006, he met [[Clive Stafford Smith]], legal director of the British organisation [[Reprieve (organisation)|Reprieve]], who was representing numerous detainees. They met in the visitation area of [[Camp Delta|Camp V]]. Khadr told Smith that he had been knocked unconscious by an American grenade blast and did not recall ever throwing any grenades while the firefight went on around him.<ref name="clive">Smith, Clive. ''Eight O'Clock Ferry to the Windward Side'', p. 145</ref>

In March 2007, Khadr was permitted to speak with his mother by phone for the first time, nearly five years after his capture.<ref name=Cbc20070309>{{cite news|url=https://www.cbc.ca/news/canada/canadian-guantanamo-detainee-calls-home-1.685048|title=Canadian Guantanamo detainee calls home|publisher=[[CBC News]]|date=March 8, 2007|url-status=live|archive-url=https://web.archive.org/web/20070313174853/http://www.cbc.ca/canada/story/2007/03/08/khadrspeaks.html|archive-date=March 13, 2007}}</ref> He was allowed one other phone call to his family, but had no contact from June 2007 to April 2008.<ref name="sin">Sinnema, Jodie.  [http://www.canada.com/edmontonjournal/news/story.html?id=ef46edf1-703a-48b0-89be-041ae9a2cf1f&k=57017 "Lawyer paints dark picture of client"] {{webarchive|url=https://web.archive.org/web/20101109042438/http://www.canada.com/edmontonjournal/news/story.html?id=ef46edf1-703a-48b0-89be-041ae9a2cf1f&k=57017|date=2010-11-09}}, ''[[Edmonton Sun]]'', April 23, 2008.</ref><ref>Human Rights Watch, [http://hrw.org/backgrounder/usa/us0607 "The Omar Khadr Case: A Teenager Imprisoned at Guantanamo"] {{Webarchive|url=https://web.archive.org/web/20080324070031/http://hrw.org/backgrounder/usa/us0607/ |date=2008-03-24 }}, (June 2007)</ref> At that time, he was put into Camp VI, the section with the harshest conditions, for what the US said were "disciplinary reasons". Canadian officials argued this was unfair, as Khadr's behaviour largely depended upon which camp he was held within. The US transferred him back to Camp IV.<ref name="edwards"/>

On April 9, 2008, a box of Khadr's documents was seized, including privileged correspondence with his attorneys; the legal documents were returned a few days later.<ref>[[Michelle Shephard|Shephard, Michelle]], [https://www.thestar.com/News/World/article/413502 "Khadr's reading stirs furor"] {{Webarchive|url=https://web.archive.org/web/20080709030606/http://www.thestar.com/News/World/article/413502 |date=2008-07-09 }}, ''[[Toronto Star]]'', April 11, 2008.</ref>

Lt. Cmdr. Kuebler arranged for a psychological evaluation from [[Kate Porterfield]], who visited Khadr three times in November 2008. According to Kuebler, Porterfield reported that she was finding it hard to establish trust with Khadr due to "significant psychological trauma".<ref name=MetroPscyhEval>{{cite news|url=http://www.metronews.ca/toronto/canada/article/149901|title=Mental assessment of 'traumatized' Omar Khadr difficult, lawyer says|publisher=[[Metro News]]|author=Colin Perkel|date=2008-12-04|access-date=2018-01-24|url-status=dead|archive-url=https://web.archive.org/web/20081205035658/http://www.metronews.ca/toronto/canada/article/149901|archive-date=2008-12-05}}</ref>

==Legal trials==
===Combatant Status Review Tribunal===
{{wikisource-multi
|Summary of Evidence for Combatant Status Review Tribunal - Khadr, Omar Ahmed|t1=Summary of Evidence for CSRT – Khadr, *Omar Ahmed
|Review of Combatant Status Review Tribunal for Detainee ISN 766|t2=Review of CSRT for Detainee ISN 766}}
[[Image:Trailer where CSR Tribunals were held.jpg|thumb|left|The trailer where [[Combatant Status Review Tribunals|CSR Tribunals]] were held.]]

The [[Supreme Court of the United States]] ruled in June 2004 ''[[Hamdi v. Rumsfeld]]'' that detainees are entitled to limited rights of [[due process]]. Consequently, the [[United States Department of Defense|Department of Defense]] instituted "[[Combatant Status Review Tribunal]]s".<ref name="OConnorOnHamdi">
{{cite web
| url=http://straylight.law.cornell.edu/supct/html/03-6696.ZO.html
| title=Full text of Justice O'Connor's opinion
| publisher=[[Free Access to Law Movement]]
| date=June 28, 2004
| access-date=2007-09-24
| archive-url=https://web.archive.org/web/20070208072939/http://straylight.law.cornell.edu/supct/html/03-6696.ZO.html
| archive-date=February 8, 2007
| url-status=live
| df=mdy-all
}}
</ref>

On August 31, 2004, a Summary of Evidence memo was prepared for Khadr's Combatant Status Review Tribunal. The summary alleged that he had admitted he threw a [[hand grenade|grenade]] which killed a U.S. soldier, attended an [[Afghan training camp|al Qaida training camp]] in [[Kabul]] and worked as a translator for [[al Qaida]] to coordinate [[land mine]] missions. In addition, he was accused of helping to plant the landmines between Khost and [[Ghardez]], and having visited an airport near Khost to collect information on U.S. convoy movements.<ref name=CsrtSummaryOfEvidenceOmarAhmedKhadr>
{{cite web
 |url         = http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#7
 |title       = Summary of Evidence for Combatant Status Review Tribunal – Khadr, Omar Ahmed
 |date        = August 31, 2004
 |author      = [[OARDEC]]
 |pages       = age 7
 |publisher   = [[United States Department of Defense]]
 |url-status     = dead
 |archive-url  = https://web.archive.org/web/20071214103614/http://www.dod.mil/pubs/foi/detainees/csrt_arb/000600-000699.pdf#7
 |archive-date = December 14, 2007
}}</ref>

His actual tribunal was convened on September 7, as Panel #5 reviewed his status in the detainment camp. The tribunal concluded that Khadr was an "[[enemy combatant]]" and a one-page summary of conclusions was released on September 17.<ref>[[James M. McGarrah|McGarrah, James M.]], [[s:Review of Combatant Status Review Tribunal for Detainee ISN 766|Review of Combatant Status Review Tribunal for Detainee ISN 766]], September 10, 2004</ref>
{{Clear}}

===''O.K. v. George W. Bush''===
{{Wikisource|O.K. v. George W. Bush}}
Following the US Supreme Court ruling in ''[[Rasul v. Bush]]'' (2004) which established that detainees had the right of ''[[habeas corpus]]'' to challenge their detentions, Khadr's maternal grandmother Fatmah el-Samnah, acting as [[next friend]], filed a [[civil suit]] against the United States on Khadr's behalf on July 2, 2004, to challenge his detention.<ref name="brown">{{cite web |url=http://www.mayerbrown.com/public_docs/probono_Khadr_merits_brief.pdf |title=''Khaled A.F. Odah v. USA'': Brief for Respondent Omar Khadr Supporting Petitioners |access-date=2010-03-31 |archive-url=https://web.archive.org/web/20110311235738/http://www.mayerbrown.com/public_docs/probono_Khadr_merits_brief.pdf |archive-date=2011-03-11 |url-status=live }}</ref>

The suit was titled ''O.K. v. George W. Bush,'' since Khadr was still a minor at the time of its filing.<ref name="okv">[[s:O.K. v. George W. Bush|O.K. v. George W. Bush ruling]]</ref> On September 21, 2004, more than sixty Habeas motions filed by Guantanamo detainees were transferred to a single suit before senior Judge [[Joyce Hens Green]] for coordination. The remaining issue in the suit{{px2}}{{mdash}}{{hsp}}having Khadr's medical records released to his attorneys and gaining an independent medical review of his health while in custody{{px2}}{{mdash}}{{hsp}}remained with Judge [[John D. Bates]].<ref name="okv" /> On October 26, Bates rejected the motion, stating that "no charges have been brought against petitioner, and accordingly there is no reason to undertake any inquiry into petitioner's mental competence".<ref name="okv" /> On August 4, 2008, Department of Justice officials responded to a motion that Khadr should not stand trial because he was a [[child soldier]].<ref name="Cv08-0442Doc235">
{{cite web
| url=http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/235/0.pdf
| title=RESPONDENT'S OPPOSITION TO PETITIONER'S MOTION FOR STATUS CONFERENCE
| publisher=[[United States Department of Justice]]
| date=2008-08-04
| access-date=2008-08-13
| archive-url=https://web.archive.org/web/20080902020110/http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2008mc00442/131990/235/0.pdf
| archive-date=2008-09-02
| url-status=live
}}
</ref>{{Clear}}

===First tribunal===
[[Image:Building where military commissions are held at Joint Task Force-Guantanamo Bay.jpg|thumb|The original Military Commissions were convened in the unused airfield terminal.|left]]
In 2005, the United States announced that they were assembling the necessary framework to hold newly crafted [[Guantanamo military commission]]s. Believing that Khadr's case represented one of the "easiest" cases to prove, the United States selected him as one of ten detainees to be charged under this new system.<ref name="why">Rana, Abbas. [[The Hill Times]], "Why Canadian federal political leaders should be talking about Omar Khadr now", April 21, 2008</ref>

The chief prosecutor [[Fred Borch]] attracted internal complaints (discussed publicly in 2006) while court challenges to the process were proceeding.<ref name=Upi20060713>
{{cite news
| title=Lawyers criticize Bush trials plan
| url=http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060712-115137-3892r
| publisher=United Press International
| date=July 13, 2006
| author=Pamela Hess
| access-date=2007-04-11
| archive-url=https://web.archive.org/web/20071108045707/http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060712-115137-3892r
| archive-date=November 8, 2007
| url-status=live
| df=mdy-all
}}
</ref><ref name=Senate20060925>
{{cite web
| url=http://judiciary.senate.gov/testimony.cfm?id=2416&wit_id=5510
| title=Testimony of Lt. Commander Charles Swift, Office of Chief Defense Counsel, Office of Military Commissions, Department of Defense
| date=September 25, 2006
| publisher=[[United States Senate Judiciary Committee]]
| author=[[Charles Swift]]
| access-date=April 23, 2007
| archive-url=https://web.archive.org/web/20080731043623/http://judiciary.senate.gov/testimony.cfm?id=2416&wit_id=5510
| archive-date=July 31, 2008
| url-status=dead
| df=mdy-all
}}
</ref><ref>{{cite web |url=http://www.wsws.org/articles/2005/aug2005/guan-a04.shtml |title=Military commissions' prosecutors charge: trials rigged against Guantánamo detainees |publisher=Wsws.org |date=2009-01-13 |access-date=2010-03-31 |archive-url=https://web.archive.org/web/20050915032457/http://www.wsws.org/articles/2005/aug2005/guan-a04.shtml |archive-date=2005-09-15 |url-status=live }}</ref> He was replaced by [[Robert L. Swann (military lawyer)|Robert L. Swann]],<ref name=AmericanForcesPressService20040827>
{{cite news
| url=http://www.defenselink.mil/news/newsarticle.aspx?id=25432
| title=Many Issues Raised in First Week of Commissions Hearings
| author=Kathleen T. Rhem
| date=August 27, 2004
| publisher=American Forces Press Service
| access-date=2007-04-12
| archive-url=https://web.archive.org/web/20070414071900/http://www.defenselink.mil/news/newsarticle.aspx?id=25432
| archive-date=April 14, 2007
| url-status=live
| df=mdy-all
}}
</ref> who was replaced in September 2005 by Col. [[Morris Davis]].{{citation needed|date=November 2014}}

On November 7, 2005, Khadr was formally charged with murder by an [[unprivileged belligerent]], attempted murder by an unprivileged belligerent, aiding the enemy and conspiracy with Osama bin Laden, [[Ayman al Zawahiri]], [[Sayeed al Masri]], [[Muhammad Atef]], [[Saif al-Adel]], Ahmed Khadr "and various other members of the al Qaida organization".<ref name=FirstCharges>
{{cite web
| url=http://www.defenselink.mil/news/Nov2005/d20051104khadr.pdf
| title=U.S.A. v. Omar Ahmed Khadr
| date=November 5, 2005
| publisher=US Department of Defense
| access-date=March 17, 2008
| archive-url=https://web.archive.org/web/20080318073300/http://www.defenselink.mil/news/Nov2005/d20051104khadr.pdf
| archive-date=March 18, 2008
| url-status=live
| df=mdy-all
}}
</ref> The United States government informally indicated they would not seek the [[death penalty]] for Khadr.<ref name=globeandmail051109>{{cite news|last1=Freeman|first1=Alan|last2=Sallot|first2=Jeff|title=U.S. won't seek execution of Khadr|url=https://beta.theglobeandmail.com/news/world/us-wont-seek-execution-of-khadr/article20429907/|access-date=9 November 2017|publisher=The Globe and Mail|date=9 November 2005|archive-url=https://web.archive.org/web/20181221183222/https://beta.theglobeandmail.com/news/world/us-wont-seek-execution-of-khadr/article20429907/|archive-date=21 December 2018|url-status=live|df=dmy-all}}</ref>

On December 1, 2005, the officers were appointed to Khadr's specific commission.<ref name=torstar051202>[https://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1133477416020&call_pageid=968332188854&col=968350060724 Khadr faces military trial] {{webarchive|url=https://web.archive.org/web/20070929170437/http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar%2FLayout%2FArticle_Type1&c=Article&cid=1133477416020&call_pageid=968332188854&col=968350060724 |date=2007-09-29 }}, ''[[Toronto Star]]'', December 2, 2005</ref> Capt. John Merriam was made Khadr's official defence attorney, but agreed with counsel Muneer Ahmad that he lacked trial experience as a defence attorney, and both men requested that he be replaced.<ref name="tight">[[CTV News]], [http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060111/khadr_hearing_060111/20060111?hub=CTVNewsAt11 Tight security surrounds Khadr court appearance] {{webarchive|url=https://web.archive.org/web/20080517053143/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060111/khadr_hearing_060111/20060111?hub=CTVNewsAt11 |date=2008-05-17 }}, January 11, 2006</ref><ref name=NatPost060110>{{cite news
 |url         = http://www.canada.com/nationalpost/story.html?id=6c92c335-ee83-40f5-b099-3e0b9a8a758e&k=71973
 |title       = Prosecutor says teen should be tried by military tribunal
 |publisher   = [[National Post]]
 |date        = January 10, 2006
 |author      = Beth Gorham
 |access-date  = 2007-02-05
 |url-status     = dead
 |archive-url  = https://web.archive.org/web/20070311014813/http://www.canada.com/nationalpost/story.html?id=6c92c335-ee83-40f5-b099-3e0b9a8a758e&k=71973
 |archive-date = March 11, 2007
}}</ref> Lt. Col. [[Colby Vokey]] was named as Merriam's replacement.{{citation needed|date=November 2014}}

On January 11, 2006, Khadr appeared at his pre-trial hearing wearing a [[Roots Canada Ltd.|Roots Canada]] T-shirt, leading judge [[Robert Chester (lawyer)|Robert Chester]] to order him to wear more suitable attire in the future.<ref name="tight"/> The following day, he wore a blue-checkered shirt.<ref name="mrtibbs">Sutton, Jane. [[Reuters]], "Guantanamo tribunal ordered to call teen Mr. Khadr", January 13, 2006</ref> Chester insisted that both the prosecution and defence stop referring to Khadr as "Omar" and instead use "Mr. Khadr" to denote the serious nature of the charges facing him.<ref name="mrtibbs"/> The defense attorney Vokey, a Marine attorney, retired after he was disciplined for calling the tribunals a "sham" that left him feeling "disgusted".<ref>Zwerdling, Daniel. [[NPR]], [https://www.npr.org/templates/story/story.php?storyId=15783244 "Respected Marine Lawyer Alleges Military Injustices"] {{Webarchive|url=https://web.archive.org/web/20181221181308/https://www.npr.org/templates/story/story.php?storyId=15783244 |date=2018-12-21 }}, October 30, 2007</ref>

Khadr and the other nine detainees who faced charges were transferred to solitary confinement on March 30.<ref name=TorStar060406>[http://www.commondreams.org/headlines06/0406-07.htm "Khadr vows boycott as shouts rock U.S. court"] {{webarchive|url=https://web.archive.org/web/20120623051305/http://www.commondreams.org/headlines06/0406-07.htm |date=2012-06-23 }}, ''[[Toronto Star]]'', April 6, 2006</ref> Six days later, Khadr wrote a note to the court saying, "Excuse me Mr. Judge, ... I'm being punished for exercising my right and being co-operative in participating in this military commission. For that, I say with my respect to you and everybody else here, that I'm [[Boycott of Guantanamo Military Commissions|boycotting these procedures]] until I be treated humanely and fair."<ref name=autogenerated1>[http://www.commondreams.org/headlines06/0406-07.htm "Khadr vows boycott as shouts rock U.S. court: Toronto teen moved to solitary confinement Accused terrorist demands 'humane and fair' treatment"] {{webarchive|url=https://web.archive.org/web/20120623051305/http://www.commondreams.org/headlines06/0406-07.htm |date=2012-06-23 }}, ''[[Toronto Star]]'', April 6, 2006</ref>
{{wikisource-multi
|News Release: Military Commission Charges Referred|t1=News Release: Military Commission Charges Referred
|Khadr Arraigned in Military Commissions Hearing|t2=Khadr Arraigned in Military Commissions Hearing
}}

The commissions were struck down as unconstitutional on June 29, 2006, by the U.S. Supreme Court ruling in ''[[Hamdan v. Rumsfeld]],'' which stated that "The military commission at issue lacks the power to proceed because its structure and procedures violate both the [[Uniform Code of Military Justice|UCMJ]] and the four [[Geneva Convention]]s signed in 1949."<ref name=DoDKhadrChargesDismissed20070604>
{{cite news
| url=http://www.defenselink.mil/news/newsarticle.aspx?id=46281
| title=Charges Dismissed Against Canadian at Guantanamo
| author=[[Sergeant]] Sara Wood
| publisher=[[United States Department of Defense|Department of Defense]]
| date=June 4, 2007
| access-date=March 18, 2008
| archive-url=https://web.archive.org/web/20080316011729/http://www.defenselink.mil/news/newsarticle.aspx?id=46281
| archive-date=March 16, 2008
| url-status=live
| df=mdy-all
}}
</ref>

Davis resigned as the Guantanamo prosecutor on October 6, 2007, hours after [[William J. Haynes, II|William Haynes]] was made his superior officer. Davis stated this was due to Haynes' support of water-boarding as an interrogation tactic.<ref name="melia">Melia, Michael. ''[[Toronto Star]],'' "[https://www.thestar.com/News/World/article/419384 Ex-Gitmo prosecutor charges Pentagon interference] {{Webarchive|url=https://web.archive.org/web/20130115225808/http://www.thestar.com/News/World/article/419384 |date=2013-01-15 }}", April 29, 2008</ref> Davis was told by his superiors to silence his criticisms.<ref name="cites">[[Michelle Shephard|Shephard, Michelle]], ''[[Toronto Star]],'' "[https://www.thestar.com/article/264211 Guantanamo prosecutor quits, cites interference] {{Webarchive|url=https://web.archive.org/web/20121015175013/http://www.thestar.com/article/264211 |date=2012-10-15 }}", October 6, 2007</ref>

===Second tribunal===
{{Wikisource|Second Military Tribunal Against Omar Khadr}}
[[Image:Guantanamo court room.jpg|thumb|The interior of the courtroom where the second tribunal hearings were held.]]

After the [[Military Commissions Act of 2006]] (MCA) was signed in October 2006, new charges were sworn against Khadr on February 2, 2007. He was charged with Murder in Violation of the Law of War, Attempted Murder in Violation of the Law of War, Conspiracy, [[Providing Material Support for Terrorism]] and Spying.<ref name="notification"/> However, these charges did not exist in law prior to the MCA, which postdated the time that the alleged offenses were committed, and are not recognized as [[war crime]]s in international law.<ref name="Rona2008"/><ref name="Heller"/><ref name="Ralph2010"/><ref name="HRW2008"/><ref name="Shephard2017"/> Canadian attorney [[Dennis Edney]] was barred from appearing at the October [[arraignment]], after he criticized Kuebler's efforts, stating that the military lawyer had focused his energy on lobbying Canadian authorities to have Khadr repatriated, at the cost of preparing for the actual trial.<ref name=TorontoStar20071031>
{{cite news
| url=https://www.thestar.com/news/2007/10/31/khadrs_canadian_lawyer_barred_from_hearing.html
| title=Khadr's Canadian lawyer barred from hearing
| publisher=[[Toronto Star]]
| author=[[Michelle Shephard]]
| date=October 31, 2007
| access-date=2007-11-10
| archive-url=https://web.archive.org/web/20071102063302/http://www.thestar.com/News/article/272332
| archive-date=November 2, 2007
| url-status=live
| df=mdy-all
}}
</ref><ref name=Ctv20071105>{{cite news
 |url         = https://www.ctvnews.ca/khadr-trial-proceeds-despite-questions-about-gitmo-1.262895
 |title       = Khadr trial proceeds despite questions about Gitmo
 |publisher   = [[CTV News]]
 |date        = November 5, 2007
 |access-date  = 2007-11-10
 |url-status     = live
 |archive-url  = https://web.archive.org/web/20071107035942/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20071105/khadr_trial_071105/20071105?hub=World
 |archive-date = November 7, 2007
}}</ref>

Khadr petitioned the US Supreme Court to review the legality of the military commission and his detention, but this request was denied in April 2007.<ref>[[CBC.ca|CBC]], [https://www.cbc.ca/news/world/u-s-supreme-court-won-t-hear-khadr-s-case-1.657806 U.S. Supreme Court won't hear Khadr's case] {{Webarchive|url=https://web.archive.org/web/20070703005857/https://www.cbc.ca/news/world/u-s-supreme-court-won-t-hear-khadr-s-case-1.657806 |date=2007-07-03 }}, April 30, 2007</ref>

On June 1, Edney said that he would not seek any [[plea bargain]] for Khadr that would likely see him serve 30&nbsp;years in prison.<ref>[[CTV News]], [https://archive.today/20120723094758/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070601/khadr_deal_070701/20070601?hub=Canada No plea deal for Khadr, Canadian lawyer says], June 1, 2007</ref> [[Peter Brownback]] dismissed the charges three days later, stating that Khadr had been previously classified as an "enemy combatant" by his Combatant Status Review Tribunal in 2004, while the Military Commissions Act only granted him jurisdiction to rule over "''Unlawful'' enemy combatants".<ref name=MiamiHerald20070604>{{cite news|url=http://www.miamiherald.com/416/story/128137.html |title=War court tosses case against young captive |publisher=[[Miami Herald]] |author=[[Carol Rosenberg]] |date=June 4, 2007 }}{{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref><ref>{{cite news |first=Sheldon |last=Alberts |title=Khadr remains in detention after all charges dropped |url=http://www.canada.com/nationalpost/story.html?id=ead5bb60-723b-4f87-a2fe-2dbe0845d8f2 |work=[[National Post]] |publisher=[[CanWest Global Communications|Canwest MediaWorks Publications Inc.]] |date=2007-06-04 |url-status=dead |archive-url=https://web.archive.org/web/20070606085036/http://www.canada.com/nationalpost/story.html?id=ead5bb60-723b-4f87-a2fe-2dbe0845d8f2 |archive-date=2007-06-06 }}</ref>

On September 9, 2007, charges were reinstated against Khadr after the [[Court of Military Commission Review]] overturned Brownback's dismissal, stating that the tribunal could determine the legality of a detainee's status for itself.<ref name=WaPo20070925>
{{cite news
| url=https://www.washingtonpost.com/wp-dyn/content/article/2007/09/24/AR2007092401848.html
| title=Court Reverses Ruling on Detainees
| newspaper=Washington Post
| author=[[Josh White (journalist)|Josh White]]
| date=2007-09-25
| access-date=2017-09-07
| archive-url=https://web.archive.org/web/20181215235905/http://www.washingtonpost.com/wp-dyn/content/article/2007/09/24/AR2007092401848.html
| archive-date=2018-12-15
| url-status=live
}}
</ref>

On October 9, Jeffrey Groharing argued that the prosecution should not be required to identify their witnesses, stating that Khadr was "certainly capable of exacting revenge" against witnesses if he were allowed the [[Confrontation Clause|right to face his accusers]]. Brownback ruled that while the defense attorneys had the right to know the identity of the witnesses, that information could not be given to Khadr himself.<ref>Glaberson, William. "[http://www.commondreams.org/archive/2007/12/01/5546/ Witness Names to be Withheld from Detainee] {{Webarchive|url=https://web.archive.org/web/20080404110800/http://www.commondreams.org/archive/2007/12/01/5546/ |date=2008-04-04 }}", December 1, 2007</ref>

In November, while prosecutors were "desperately" trying to introduce the 27-minute video found in the wreckage,<ref name="can">[[Canadian Press]], [https://web.archive.org/web/20090122030740/http://www.google.com/hostednews/canadianpress/article/ALeqM5ienBNSADUQ3el8GXucLZUoZUrAHg Omar Khadr ID'ed Maher Arar as visitor at al-Qaida facilities, agent testifies], January 19, 2008</ref> the tape was leaked to the media by an unknown source and shown on ''[[60 Minutes]]''. Four months later, Kuebler stated that following conversations with the show's producers, he believed that the video was leaked by Vice President [[Dick Cheney]]'s office.<ref name="ctvTape">[[CTV News]], [https://www.ctvnews.ca/khadr-lawyers-accuse-cheney-office-of-video-leak-1.280426 Khadr lawyers accuse Cheney office of video leak] {{webarchive|url=https://web.archive.org/web/20080305085927/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080304/cheney_tape_080304/20080304?hub=TopStories |date=2008-03-05 }}, March 4, 2008</ref>

The [[United Nations]] requested that [[Radhika Coomaraswamy]], special representative for children in armed conflict, be allowed to watch the tribunal, but the request was denied.<ref>[[Michelle Shephard|Shephard, Michelle]], [[Toronto Star]], [https://www.thestar.com/comment/columnists/article/296976 UN observer can't attend Omar Khadr hearing, Pentagon says] {{Webarchive|url=https://web.archive.org/web/20121005091735/http://www.thestar.com/comment/columnists/article/296976 |date=2012-10-05 }}, January 24, 2008</ref>
{{Wikisource|lang=en|1=OC-1 CITF witness report}}
In January, the defence put forward three separate motions to dismiss the trial, arguing that it violated the Constitutional prohibition against [[bill of attainder|bills of attainder]], that the commission lacked jurisdiction because Khadr had been a minor when the incident occurred and that there was a lack of subject matter jurisdiction. Sixteen days after the February 4 hearing on the motions, Brownback dismissed the first claim. He dismissed the second claim in April,<ref>Gorham, Beth. [[Canadian Press]], [http://bugleobserver.canadaeast.com/article/283102 U.S. military judge's ruling likely clears way for summer trial for Khadr], April 30, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> but has reserved judgment on the third.<ref>[[Human Rights First]], [https://web.archive.org/web/20070629145037/http://www.humanrightsfirst.org/us_law/detainees/cases/khadr.htm The case of Omar Ahmed Khadr], April 2008</ref><ref name=GlobeAndMail20080204>
{{cite news| url=https://beta.theglobeandmail.com/news/world/khadr-defence-to-file-motion-to-dismiss/article667203/| title=Khadr defence to file motion to dismiss| work=[[The Globe and Mail]]| last1=El Akkad| first1=Omar| date=February 4, 2008| access-date=2008-02-04| location=Toronto| archive-url=https://web.archive.org/web/20181221183312/https://beta.theglobeandmail.com/news/world/khadr-defence-to-file-motion-to-dismiss/article667203/| archive-date=December 21, 2018| url-status=live| df=mdy-all}}
</ref><ref name=TorontoStary20080204>
{{cite news
| url=https://www.thestar.com/News/Canada/article/300329
| title=Khadr secret document released by accident
| publisher=[[Toronto Star]]
| author=[[Michelle Shephard]]
| date=February 4, 2008
| access-date=2008-02-01
| archive-url=https://web.archive.org/web/20080208113104/http://www.thestar.com/News/Canada/article/300329
| archive-date=February 8, 2008
| url-status=live
| df=mdy-all
}}
</ref>

February also saw the accidental release of a five-page "OC-1" witness report to reporters, which revealed that Khadr had not been the only survivor in the compound, as previously claimed, and that nobody had seen him throw the grenade. Officials insisted that the reporters all had to return their copies of the document or face expulsion from the hearings, but after a 90-minute standoff between reporters and military officials, it was agreed that they could retain their copies of the report, but had to [[Sanitization (classified information)|redact]] three names from the report.<ref name=TorontoStary20080204/><ref name=Canwest20080204>
{{cite news
 |url         = http://www.canada.com/story.html?id=95f582ec-c987-4bd4-8f17-157a87a73618
 |title       = Second al-Qaida fighter implicated in Khadr incident, secret document shows
 |publisher   = [[Canwest News Service]]
 |author      = Steven Edwards
 |date        = February 4, 2008
 |access-date  = 2008-02-01
 |url-status     = dead
 |archive-url  = https://web.archive.org/web/20121106135309/http://www.canada.com/story.html?id=95f582ec-c987-4bd4-8f17-157a87a73618
 |archive-date = November 6, 2012
}}</ref>
[[Image:48-tentcity.standalone.prod affiliate.56.JPG|thumb|A new [[tent city|tent-city]] was built at Guantanamo to house the second tribunal trials.]]
In March, Kuebler insisted that "Lt. Col. W." had initially written in his report the day after the firefight that "the person who threw a grenade that killed Sgt. 1st Class Christopher J. Speer also died in the firefight", implying that the grenade had indeed been thrown by the surviving Mujahideen, and not by Khadr. The report was rewritten months later to say that the grenade thrower had been "engaged", rather than "killed", changing the wording that exonerated Khadr.<ref name="carol">{{cite news
| url=http://www.latimes.com/news/printedition/asection/la-na-gitmo14mar14,1,1852577.story
| title=Pentagon accused of doctoring Guantanamo tribunal evidence
| work=[[Los Angeles Times]]
| author=Carol J. Williams
| date=March 14, 2008
}}</ref> In response, Brownback ordered that the commander be made available for an interview by the defence counsel no later than April 4.<ref>[[Los Angeles Times]], "[http://www.latimes.com/news/nationworld/nation/la-na-gitmo15mar15,0,523488.story Guantanamo gets a new resident] {{Webarchive|url=https://web.archive.org/web/20080318112036/http://www.latimes.com/news/nationworld/nation/la-na-gitmo15mar15,0,523488.story |date=2008-03-18 }}", March 14, 2008</ref> and postponed the scheduled May 5 date for the murder trial to begin,<ref>[[The Jurist]], [http://jurist.law.pitt.edu/paperchase/2008/03/khadr-military-judge-orders-us-to-turn.php Khadr military judge orders US to turn over interrogation materials] {{webarchive|url=https://web.archive.org/web/20080512030630/http://jurist.law.pitt.edu/paperchase/2008/03/khadr-military-judge-orders-us-to-turn.php |date=2008-05-12 }}, March 14, 2008</ref> while prosecutor Groharing urged Brownback to begin the trial as soon as possible, stressing a "need for justice" for Speer's widow.<ref>[[Associated Press]], [http://apnews.myway.com/article/20080411/D8VVQGCO2.html New 'Friendly Fire' Theory in Gitmo Case], April 11, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref>

On May 8, 2008, Brownback threatened to suspend the military hearing if prosecutors did not provide the defense with a number of documents, including an al-Qaeda membership list, documents on the relationship between al-Qaeda and Abu Laith al-Libi's [[Libyan Islamic Fighting Group]], copies of the Detainee Information Management System records related to Khadr's treatment in Guantanamo, documents on the use of children by al-Qaeda, investigator notes of witness interviews, details about the militants who were killed in the 2002 firefight, and others.<ref name="ally">Muhammed Ally, Sahr. [[Human Rights First]], [https://web.archive.org/web/20080512151741/http://www.humanrightsfirst.org/blog/gitmo/2008/05/relevance-of-discovery-in-trial.html The Relevance of Discovery in Trial], May 9, 2008</ref><ref name="NYTMay2008">Glaberson, William. [[New York Times]], [https://www.nytimes.com/2008/05/31/washington/31gitmo.html?ref=us Army Judge Is Replaced for Trial of Detainee] {{Webarchive|url=https://web.archive.org/web/20171007070329/http://www.nytimes.com/2008/05/31/washington/31gitmo.html?ref=us |date=2017-10-07 }}, May 31, 2008</ref> Prosecutors did agree to turn over the videotape of Canadian intelligence official Jim Gould and Canadian Security Intelligence Service (CSIS) agents interrogating Khadr in February 2003, but said they would "alter the tape" to hide the identity of the interrogators.<ref name="ally"/> Following Brownback's "ruling against the government", the Pentagon announced that he was being removed from the trial in favour of [[Patrick Parrish]], leading critics to highlight what they believed was "more evidence of the illegitimacy" of the tribunal and that official explanations of the timing as being coincidental were "unconvincing".<ref>[[ACLU]], [https://www.aclu.org/safefree/detention/35477prs20080530.html?s_src=RSS Abrupt Dismissal Of Judge Is More Evidence Of Military Commissions' Illegitimacy] {{Webarchive|url=https://web.archive.org/web/20091009222139/http://www.aclu.org/safefree/detention/35477prs20080530.html?s_src=RSS |date=2009-10-09 }}, May 30, 2008</ref><ref>[[The Globe and Mail]], [https://www.theglobeandmail.com/servlet/story/RTGAM.20080603.wekhadr03/BNStory/specialComment/home An appearance of interference] {{webarchive|url=https://web.archive.org/web/20080605234158/http://www.theglobeandmail.com/servlet/story/RTGAM.20080603.wekhadr03/BNStory/specialComment/home |date=2008-06-05 }}, June 3, 2008</ref><ref>Melia, Michael. [[Miami Herald]], [http://www.miamiherald.com/news/world/AP/story/555625.html Chief Gitmo judge defends tribunals], June 2, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref> Parrish, known as "Rocket Docket" for his tendency to speed through trials, immediately ordered a court date of October 8, 2008.<ref name="trial">Shephard, Michelle. [[Toronto Star]], [https://www.thestar.com/News/World/article/446033 Khadr trial set for Oct. 8] {{Webarchive|url=https://web.archive.org/web/20121015175224/http://www.thestar.com/News/World/article/446033 |date=2012-10-15 }}, June 19, 2008</ref>

On September 4, Parrish barred [[Brigadier General]] [[Thomas W. Hartmann]] from participating in the Tribunal because of his "undue command influence", the third such trial Hartmann was accused of trying to corrupt.<ref name=McClatchy20080906>{{cite news 
 |url=http://www.mcclatchydc.com/256/story/51760.html 
 |title=Pentagon adviser banned again from Guantanamo case 
 |publisher=[[McClatchy News Service]] 
 |author=[[Carol Rosenberg]] 
 |date=2008-09-04 
 |access-date=2008-09-06 
 |url-status=dead 
 |archive-url=https://archive.today/20130103211524/http://www.mcclatchydc.com/256/story/51760.html 
 |archive-date=2013-01-03 
 }}</ref> On October 22, 2008, it was revealed that the Prosecution had given the Defense team an incomplete version of Khadr's medical records five months earlier, and Parrish granted a delay citing the "consequences" of the decision for the prosecution.<ref name=GlobeAndMail2008-10-22>
{{cite news
| url=https://beta.theglobeandmail.com/news/world/khadrs-lawyers-argue-for-trial-delay/article1064494/
| title=Khadr's lawyers argue for trial delay
| work=[[The Globe and Mail]]
| last1=El Akkad
| first1=Omar
| date=2008-10-22
| access-date=2008-10-23
| location=Toronto
| archive-url=https://web.archive.org/web/20181221183330/https://beta.theglobeandmail.com/news/world/khadrs-lawyers-argue-for-trial-delay/article1064494/
| archive-date=2018-12-21
| url-status=live
}}
</ref> In December, the Prosecution announced it was withdrawing its intended witness who was to testify that Khadr had confessed to the crimes in December 2004 during interrogation, ostensibly to "cover up" the abusive methods used to make Khadr confess.<ref>[[Canadian Press]], "Defence says witness in Omar Khadr trial withdrawn to 'cover up' abuse", December 7, 2008</ref>

===Supreme Court of Canada ruling on disclosure===
Khadr's defence attorneys claimed that the Canadian government acted illegally, sending its counsel and CSIS agents to Guantanamo Bay to interrogate Khadr and turning their findings over to the Tribunal prosecutors to help convict Khadr,<ref>[[Michelle Shephard|Shephard, Michelle]], [[Toronto Star]], "[https://www.thestar.com/News/Canada/article/357020 Judges question Khadr secrecy] {{Webarchive|url=https://web.archive.org/web/20121015175251/http://www.thestar.com/News/Canada/article/357020 |date=2012-10-15 }}", March 27, 2008</ref> and that the release of the documents might help prove Khadr's innocence.<ref name="Gorham"/>
In 2007, the [[Federal Court of Appeal (Canada)|Federal Court of Appeal]] ordered the Canadian government to turn over its records related to Khadr's time in captivity, as judge [[Richard Mosley]] stated it was apparent that Canada had violated [[international law]].<ref name="globe20080709"/> The government appealed to the [[Supreme Court of Canada]] in 2008, arguing that Khadr was just "fishing" for information and that disclosing their records, which included an initial account of the firefight that differs from all previously seen reports,<ref>[[Michelle Shephard|Shephard, Michelle]], ''Toronto Star'', [https://www.thestar.com/News/World/article/413647 "'Missing' Khadr document is in Canada"] {{Webarchive|url=https://web.archive.org/web/20121015175341/http://www.thestar.com/News/World/article/413647 |date=2012-10-15 }}, April 11, 2008</ref> could jeopardize national security.<ref name="scc">[[CTV News]], [https://web.archive.org/web/20210424142928/https://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080326/khadr_SCC_080326/20080326?hub=CanadaAM "SCC reserves decision on Omar Khadr case"], CTV, March 26, 2008</ref>
Critics alleged that the refusal to release the classified documents was due to the "embarrassment" they caused the government.<ref name="scc"/><ref>[[CTV News]], [https://archive.today/20120730134426/http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080320/KHADR_COURT_080320 "Supreme Court to consider Khadr's treatment claim"], CTV, March 20, 2008</ref>

On May 23, 2008, the Supreme Court of Canada ruled unanimously that the government had acted illegally, contravening [[Section Seven of the Canadian Charter of Rights and Freedoms|Section Seven]] of the ''Charter of Rights and Freedoms'', and ordered the videotapes of the interrogation released.<ref>{{Cite web|url=http://canlii.ca/t/1wzlm|title=''Canada (Justice) v. Khadr'', 2008 SCC 28|website=[[CanLII]]|accessdate=Dec 30, 2022}}</ref><ref>[[Canadian Press]], [http://canadianpress.google.com/article/ALeqM5gxvjz67MqoE3WW4ITkQT8_uW_7zw Terror suspect Khadr wins partial access to federal papers for tribunal defence], May 23, 2008 {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref>

A Canadian documentary, ''[[You Don't Like the Truth: Four Days Inside Guantanamo]]'' (2010), was made based on the footage of interrogations of Khadr by Canadian intelligence while he was held at Guantanamo.<ref name=GlobeAndMail2010-10-18>
{{cite news
 |url         = https://www.theglobeandmail.com/news/national/khadr-interrogation-documentary-could-be-aired-in-court/article1760723/
 |title       = Khadr interrogation documentary could be aired in court
 |work        = [[The Globe and Mail]]
 |date        = 2010-10-17
 |author      = Rhéal Séguin
 |access-date  = 2017-07-18
 |archive-url  = https://web.archive.org/web/20101030014603/http://www.theglobeandmail.com/news/national/khadr-interrogation-documentary-could-be-aired-in-court/article1760723/
 |archive-date = 2010-10-30
 |url-status     = live
}}
</ref>

===Guilty plea===
On July 7, 2010, less than one week before the beginning of preliminary hearings in his trial before a military commission, Khadr fired his entire team of lawyers and announced that he would act as his own legal defense. Later in the month, Khadr accepted Lieutenant Colonel Jon S. Jackson as his lead defense counsel.

On October 25, 2010, Khadr pled guilty to the murder of Speer in violation of the laws of war, attempted murder in violation of the laws of war, conspiracy, two counts of providing material support for terrorism and spying.<ref>{{cite web|url=http://media.miamiherald.com/smedia/2010/10/26/10/stip.source.prod_affiliate.56.pdf|title=USvKhadr Stipulation of Fact|date=October 25, 2010|access-date=November 12, 2010|archive-url=https://web.archive.org/web/20111002161209/http://media.miamiherald.com/smedia/2010/10/26/10/stip.source.prod_affiliate.56.pdf|archive-date=October 2, 2011|url-status=live|df=mdy-all}}</ref><ref>{{cite news|url=http://www.cnn.com/2010/US/10/25/khadr.plea/|title=Youngest Guantanamo detainee pleads guilty|last=Meserve|first=Jeanne|date=October 25, 2010|work=CNN|access-date=29 October 2010|archive-url=https://web.archive.org/web/20101026132342/http://www.cnn.com/2010/US/10/25/khadr.plea/|archive-date=26 October 2010|url-status=live|df=dmy-all}}</ref>  Under the plea deal, Khadr would serve at least one more year in Guantanamo Bay before any transfer to Canadian custody. Canadian authorities denied any agreement to repatriate Khadr.<ref name="Diplomatic Notes" /><ref>{{cite news |url=https://www.cbc.ca/news/politics/no-khadr-return-deal-in-place-cannon-1.902718 |title=No Khadr return deal in place: Cannon |work=CBC News |access-date=29 October 2010 |date=October 28, 2010 |url-status=live |archive-url=https://web.archive.org/web/20101101115057/http://www.cbc.ca/canada/story/2010/10/28/khadr-cannon-canada.html |archive-date=November 1, 2010 }}</ref><ref>{{cite web|url=http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4746353#OOB-3446264|title=House of Commons Omar Khadr|date=November 1, 2010|access-date=November 13, 2010|archive-url=https://web.archive.org/web/20101109061530/http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4746353#OOB-3446264|archive-date=November 9, 2010|url-status=live|df=mdy-all}}</ref>

On October 29, 2010, after taking the stand, Khadr apologized to the widow of Speer stating "I'm really sorry for the pain I caused to your family. I wish I could do something to take that pain away.", and further stating that his eight years in prison had taught him "the beauty of life".<ref>{{cite news|url=http://news.smh.com.au/breaking-news-world/khadr-says-sorry-to-slain-soldiers-widow-20101029-176fg.html|title=Khadr says sorry to slain soldier's widow|last=Montet|first=Virginie|date=October 29, 2010|work=The Sydney Morning Herald|access-date=29 October 2010|archive-url=https://web.archive.org/web/20101031002841/http://news.smh.com.au/breaking-news-world/khadr-says-sorry-to-slain-soldiers-widow-20101029-176fg.html|archive-date=31 October 2010|url-status=live|df=dmy-all}}</ref>

===United Nations reaction to Khadr trial===
[[Anthony Lake]], the executive director of the [[UNICEF|United Nations Children's Fund (UNICEF)]] and former U.S. national security adviser, expressed opposition in 2010 to the plan to prosecute Khadr by a tribunal. He said,

<blockquote>Anyone prosecuted for offences they allegedly committed as a child should be treated in accordance with international juvenile justice standards providing special protections. Omar Khadr should not be prosecuted by a tribunal that is neither equipped nor required to provide these protections and meet these standards.<ref>{{cite news| url=http://uk.reuters.com/article/idUKTRE64Q5C820100527 | archive-url=https://archive.today/20120718075726/http://uk.reuters.com/article/idUKTRE64Q5C820100527 | url-status=dead | archive-date=July 18, 2012 | title=UNICEF head opposed to Khadr trial at Guantanamo | date=May 27, 2010 | work=Reuters}}</ref></blockquote>

Radhika Coomaraswamy, the [[UNSG|UN Secretary-General]]'s special representative for children and armed conflict, wrote in a 2010 statement that the proposed trial violated international legal norms and "may endanger the status of child soldiers all over the world."<ref name="isikoff"/> "Since World War II, no child has been prosecuted for a war crime," Coomaraswamy said in a statement distributed by the U.N. on the eve of Khadr's trial at Guantánamo.<ref name="isikoff"/>

===Sentence ruled complete===

On March 25, 2019, [[Mary Moreau]], Chief Justice of Alberta's Court of Queen's Bench, ruled that Khadr had “served a period of community supervision that is in substance the conditional supervision portion of his sentence.”<ref name=EdmontonJournal2019-04-05/><ref name=Cbc2019-03-25/><ref name=Chch2019-03-25/><ref name=theglobeandmail2019-03-25/>  The ''[[Edmonton Journal]]'' explained that Moreau's ruling did not mean she was altering his sentence, which would be barred by the 2004 ''[[International Transfer of Offenders Act]]'' (ITOA) and the [[1978 U.S.-Canada prisoner exchange treaty]]. Rather, she concluded that his bail conditions were very similar to those that would have been imposed upon him if he had been given parole.

Because an earlier court had already determined that Khadr was covered by the Canadian ''[[Youth Criminal Justice Act]]'', her ruling was not subject to review.<ref name=EdmontonJournal2019-04-05/><ref name=Cbc2019-03-25/><ref name=Chch2019-03-25/><ref name=theglobeandmail2019-03-25/>

==Repatriation==
===Canadian government position===
{{main|Canadian response to Omar Khadr}}
[[File:Cousins Safiya and Fatima lead their relatives.png|thumb|A child at a 2008 demonstration demanding Khadr's [[repatriation]]]]
In 2008, [[Department of Foreign Affairs and International Trade|Foreign Affairs]] officials visited Khadr several times. Karim Amégan and Suneeta Millington reported that Khadr was "salvageable" if allowed to return to Canadian society, but that keeping him in the prison would risk radicalizing him.<ref name="spec">[[Hamilton Spectator]], [http://www.thespec.com/News/BreakingNews/article/379611 Khadr described as a good kid] {{Webarchive|url=https://web.archive.org/web/20080604141635/http://www.thespec.com/News/BreakingNews/article/379611 |date=2008-06-04 }}, June 3, 2008</ref>  As of January 2009, 64% of Canadians supported [[repatriating]] Khadr to Canada,<ref>[[Ipsos Reid]], [http://www.marketwire.com/press-release/Ipsos-939334.html "If Obama closes Guantanamo, 64% say Prime Minister Harper should ask to bring Omar Khadr back to Canada"] {{Webarchive|url=https://web.archive.org/web/20090211232558/http://www.marketwire.com/press-release/Ipsos-939334.html |date=2009-02-11 }}, January 20, 2009</ref> up from 41% in June 2007.{{citation needed|date=January 2018}}

The Wikileaks Cablegate disclosures in 2010 revealed that the Canadian government had decided against seeking Khadr's repatriation, a decision supported by the US. This made it "politically impossible" for the country to accept custody of Uighur former detainees whom the US was unable to return to China.<ref name="wiki14">{{cite news|author1=Simon Jeffery|author2=Ben Quinn|author3=Patrick Kingsley|author4=Jason Rodrigues|newspaper=The Guardian|title=WikiLeaks cables: You ask, we search|date=14 December 2010|url=https://www.theguardian.com/world/blog/2010/dec/13/wiki-leaks-you-ask-we-search|access-date=December 14, 2010|location=London|archive-url=https://web.archive.org/web/20130920230727/http://www.theguardian.com/world/blog/2010/dec/13/wiki-leaks-you-ask-we-search|archive-date=20 September 2013|url-status=live|df=dmy-all}}</ref> The Wikileaks cables showed strong US interest in Canadian reaction to Khadr's case. [[Jim Judd]], the director of Canada's intelligence agency, expressed his belief that the release of DVD footage of Khadr's interrogation at Guantanamo by Canadian officials, in which he is shown crying, would lead to "knee-jerk anti-Americanism" and "paroxysms of moral outrage, a Canadian specialty".<ref name="wiki14"/>

===Supreme Court of Canada repatriation ruling===
In April 2009, the Federal Court of Canada ruled again that Khadr's rights under the ''Charter of Rights and Freedoms'' had been violated. It concluded that Canada had a "duty to protect" Khadr and ordered the Canadian government to request that the U.S. return him to Canada as soon as possible.<ref>[http://decisions.fct-cf.gc.ca/en/2009/2009fc405/2009fc405.html Decision of the Federal Court of Canada, April 23, 2009] {{Webarchive|url=https://web.archive.org/web/20130628065613/http://decisions.fct-cf.gc.ca/en/2009/2009fc405/2009fc405.html |date=June 28, 2013 }}. Retrieved January 30, 2010.</ref> In August 2009, the Federal Court of Appeal upheld the decision in a 2–1 ruling.<ref>[http://decisions.fca-caf.gc.ca/en/2009/2009fca246/2009fca246.html "Decision of the Federal Court of Appeal"], August 14, 2009, Retrieved January 30, 2010.</ref> Finally, in January 2010, in a unanimous 9–0 decision, the Supreme Court of Canada ruled that the participation of Canadian officials in Khadr's interrogations at Guantanamo clearly violated his rights under the Charter. In its decision, the Supreme Court referred to the denial of Khadr's legal rights as well as to the use of sleep deprivation techniques to soften him up for interrogation.<ref>[http://rabble.ca/news/2010/11/lawyers%E2%80%99-rights-watch-canada-repatriate-omar-khadr-canada-rehabilitation "Lawyers Rights Watch Canada: Repatriate Omar Khadr to Canada for rehabilitation "] {{Webarchive|url=https://web.archive.org/web/20151211125626/http://rabble.ca/news/2010/11/lawyers%E2%80%99-rights-watch-canada-repatriate-omar-khadr-canada-rehabilitation |date=2015-12-11 }}, Rabble.ca, November 2, 2010. Retrieved December 9, 2015.</ref>

The Supreme Court, however, stopped short of ordering the government to seek Khadr's return to Canada. It left it to the government to determine how to exercise its duty to conduct foreign affairs while also upholding its obligation to respect Khadr's constitutional rights.<ref name="canlii2010" >{{Cite web|url=http://canlii.ca/t/27qn6|title=''Canada (Prime Minister) v. Khadr'', 2010 SCC 3|website=[[CanLII]]|accessdate=Dec 30, 2022}}</ref><ref name="scc2010">[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7842/index.do "Canada (Prime Minister) v. Khadr"] {{Webarchive|url=https://web.archive.org/web/20170822211634/https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7842/index.do |date=2017-08-22 }}, Supreme Court of Canada, January 29, 2010. Retrieved January 30, 2010. {{cite web |url=http://www.scc-csc.gc.ca/decisions/Khadr-en.pdf |title=Server Message Page Template &#124; Modèle de page de message de serveur |access-date=2010-01-30 |url-status=dead |archive-url=https://web.archive.org/web/20130113074027/http://www.scc-csc.gc.ca/decisions/Khadr-en.pdf |archive-date=January 13, 2013 }}</ref>

===Lead-up to repatriation===
Khadr's October 2010 plea deal allowed for a return to Canada after serving one additional year in US custody.

In July 2012, Former Canadian Senator [[Roméo Dallaire]] set up a petition asking Public Safety Minister [[Vic Toews]] to honour the plea bargain deal Khadr made in 2010 when he was released to Canadian custody. 35,000 citizens signed the petition.<ref>{{cite news |url=http://www.cbc.ca/news/politics/khadr-s-rehabilitation-undermined-by-tories-dallaire-says-1.1280898 |title=Khadr's rehabilitation undermined by Tories, Dallaire says |date=1 October 2012 |work=CBC News |access-date=1 November 2013 |archive-url=https://web.archive.org/web/20131103110048/http://www.cbc.ca/news/politics/khadr-s-rehabilitation-undermined-by-tories-dallaire-says-1.1280898 |archive-date=3 November 2013 |url-status=live |df=dmy-all }}</ref>

On November 30, 2015, State Department emails from Hillary Clinton's private email account were released which revealed how Clinton and her staff worked with the Canadian Foreign Minister, [[John Baird (Canadian politician)|John Baird]], to effect Khadr's return to Canada.<ref name=CBCNews>{{cite news|title=Hillary Clinton email shows Canadian Foreign Affairs discontent with Stephen Harper|url=http://www.cbc.ca/news/politics/clinton-email-canada-foreign-affairs-1.3344920|access-date=December 1, 2015|newspaper=CBC News|date=December 1, 2015|archive-url=https://web.archive.org/web/20151202173943/http://www.cbc.ca/news/politics/clinton-email-canada-foreign-affairs-1.3344920|archive-date=December 2, 2015|url-status=live|df=mdy-all}}</ref>

===Return to Canada===
Khadr was transferred to Canadian custody on September 29, 2012, to serve the remainder of his sentence.<ref>{{cite news|author-link=Michelle Shephard|last=Shephard|first=Michelle|title=Omar Khadr repatriated to Canada|url=https://www.thestar.com/news/article/1264337--omar-khadr-repatriated-to-canada|access-date=September 29, 2012|newspaper=Toronto Star|date=September 29, 2012|archive-url=https://web.archive.org/web/20121001214723/http://www.thestar.com/news/article/1264337--omar-khadr-repatriated-to-canada|archive-date=October 1, 2012|url-status=live|df=mdy-all}}</ref> He was held at maximum-security prison [[Millhaven Institution]] near Bath, [[Kingston, Ontario]], upon his arrival.<ref name=nbc299>{{cite news|title=Gitmo's youngest and last Western detainee returned to Canada|url=http://worldnews.nbcnews.com/_news/2012/09/29/14151587-gitmos-youngest-and-last-western-detainee-returned-to-canada|access-date=29 September 2012|newspaper=NBC News|date=29 September 2012|archive-url=https://web.archive.org/web/20121001232459/http://worldnews.nbcnews.com/_news/2012/09/29/14151587-gitmos-youngest-and-last-western-detainee-returned-to-canada|archive-date=1 October 2012|url-status=live|df=dmy-all}}</ref> Under Canadian law, he was eligible for parole in mid-2013.<ref name=return>{{cite news|last=Mehler Paperny|first=Anna|title=Omar Khadr in Canadian prison after return from U.S. Guantanamo Bay base|url=https://www.theglobeandmail.com/news/national/omar-khadr-in-canadian-prison-after-return-from-us-guantanamo-bay-base/article4576945/|access-date=September 29, 2012|newspaper=The Globe and Mail|date=September 29, 2012|location=Toronto|archive-url=https://web.archive.org/web/20121003090152/http://www.theglobeandmail.com/news/national/omar-khadr-in-canadian-prison-after-return-from-us-guantanamo-bay-base/article4576945/|archive-date=October 3, 2012|url-status=live|df=mdy-all}}</ref> Due to his murder conviction, Khadr was required to be held in [[Correctional Service of Canada#Security classification of offenders|maximum security]].<ref name=CanadianPress2013-03-14>
{{cite news
 |url          = https://news.yahoo.com/ottawas-denial-media-access-jailed-omar-khadr-branded-195924098.html
 |title        = Ottawa's denial of media access to jailed Omar Khadr branded 'propaganda'
 |work         = [[The Canadian Press]]
 |publisher    = [[Yahoo! News]]
 |author       = Colin Perkel
 |date         = 2013-03-14
 |quote        = The government's refusal to allow the media access to former Guantanamo Bay detainee Omar Khadr is aimed at protecting its portrayal of him as a dangerous terrorist, his lawyer says.
 |access-date  = 2015-05-08
 |archive-url  = https://web.archive.org/web/20150518085417/https://news.yahoo.com/ottawas-denial-media-access-jailed-omar-khadr-branded-195924098.html
 |archive-date = 2015-05-18
 |url-status     = live
}}
</ref>

On August 13, 2013, Khadr's lawyers, Dennis Edney and [[Nathan Whitling]], filed a brief arguing that under Canada's ''International Transfer of Offenders Act'', it was not legal to hold Khadr in an adult institution, because the eight-year sentence he received from the U.S. military commission could only be interpreted as a youth sentence and he should be detained in a provincial jail rather than a federal prison.<ref name="Cbc2013-08-13">{{cite news
 |url         = https://www.cbc.ca/news/canada/edmonton/omar-khadr-held-illegally-in-federal-prison-lawyer-argues-1.1347510
 |title       = Omar Khadr held illegally in federal prison, lawyer argues: 8-year sentence called unlawful
 |publisher   = [[CBC News]]
 |date        = 2013-08-13
 |archive-date = 2013-08-14
 |archive-url  = https://web.archive.org/web/20130814083015/http://www.cbc.ca/news/politics/story/2013/08/13/edmonton-omar-khadr-detention-illegal.html
 |url-status     = live
 |quote       = Edney argues that the International Transfer of Offenders Act states that as a youth, Khadr can only be held in a provincial facility, not the Edmonton Institution, the federal prison he was moved to earlier this year.
}}
</ref> [[Minister of Public Safety]] [[Steven Blaney]] said, "Omar Khadr pleaded guilty to very serious crimes, including the murder of American army medic Sgt. Christopher Speer. The Government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes."<ref name="CBC2013-08-13">{{cite news
| url         = http://www.cbc.ca/news/canada/edmonton/omar-khadr-held-illegally-in-federal-prison-lawyer-argues-1.1347510
| title       = Omar Khadr held illegally in federal prison, lawyer argues
| publisher   = [[CBC.ca]]
| date        = 2013-08-13
| access-date  = 2015-05-07
| archive-date = 2013-12-03
| archive-url  = https://web.archive.org/web/20131203065816/http://www.cbc.ca/news/canada/edmonton/omar-khadr-held-illegally-in-federal-prison-lawyer-argues-1.1347510
| url-status     = live
| quote       = Omar Khadr pleaded guilty to very serious crimes, including the murder of American army medic Sgt. Christopher Speer. The government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes.
}}

</ref> On December 13, 2013, the ''Edmonton Journal'' reported that Kelly Hartle, the warden at the Edmonton maximum security facility, had reclassified Khadr as a medium-security prisoner,<ref name="NationalPost2013-12-13">{{cite news
| url         = https://edmontonjournal.com/Khadr+reclassified+likely+transferred+Bowden/9285742/story.html
| title       = Khadr reclassified, likely to be transferred to Bowden
| publisher   = [[Edmonton Journal]]
| author      = Sheil Pratt
| date        = 2013-12-13
| access-date  = 2013-12-13
| archive-date = 2013-12-14
| archive-url  = https://web.archive.org/web/20131214203833/http://www.edmontonjournal.com/Khadr+reclassified+likely+transferred+Bowden/9285742/story.html
| url-status     = live
| quote       = Edmonton lawyer Dennis Edney, who has represented Khadr for ten years, said the decision by the warden Kelly Hartle at the Edmonton penitentiary to reclassify Khadr from maximum designation reflects a "plethora of evidence" from U.S. authorities and Canada's prison ombudsman that Khadr never was a maximum-security threat.
}}

</ref> and on February 11, 2014, Khadr was transferred to a [[medium security]] facility.<ref name="GlobalPost2014-02-11">{{cite news
| url         = http://www.globalpost.com/dispatch/news/the-canadian-press/140211/former-guantanamo-inmate-omar-khadr-transferred-medium-secur
| title       = Former Guantanamo inmate Omar Khadr transferred to medium security in Alberta
| publisher   = [[Global Post]]
| date        = 2014-02-11
| archive-url  = https://web.archive.org/web/20140212193935/http://www.globalpost.com/dispatch/news/the-canadian-press/140211/former-guantanamo-inmate-omar-khadr-transferred-medium-secur
| archive-date = 2014-02-12
| url-status     = live
| quote       = Bowden Institution is a medium-security prison with a minimum-security annex.
}}
</ref>

In April 2015, [[The Canadian Press]] reported that Khadr had been reclassified as a minimum security prisoner.<ref name=GlobalNews2015-04-24>
{{cite news
 |url          = http://globalnews.ca/news/1959085/alberta-judge-grants-omar-khadr-bail-pending-appeal-in-u-s/
 |title        = Feds to appeal after Omar Khadr wins bail while he fights war-crimes conviction
 |publisher    = [[Global News]]
 |author       = Colin Perkel
 |date         = 2015-04-24
 |quote        = The Canadian Press has learned he was reclassified as a minimum-security prisoner from medium in the last few days.
 |access-date  = 2015-06-03
 |archive-url  = https://web.archive.org/web/20150605015425/http://globalnews.ca/news/1959085/alberta-judge-grants-omar-khadr-bail-pending-appeal-in-u-s/
 |archive-date = 2015-06-05
 |url-status     = live
}}
</ref>

==Release==
On May 7, 2015, Khadr was freed on bail with strict conditions, including living with and under supervision of his lawyer Edney.<ref>[https://www.thestar.com/news/canada/2015/05/07/the-rules-khadr-must-live-by-if-he-gets-bail-today.html "The bail conditions Omar Khadr must now live by"] {{Webarchive|url=https://web.archive.org/web/20171007115813/https://www.thestar.com/news/canada/2015/05/07/the-rules-khadr-must-live-by-if-he-gets-bail-today.html |date=2017-10-07 }}, ''The Star''</ref> 
Following his release, in the first public interview Khadr has been allowed by either US or Canadian governments, he begged the public to "give [him] a chance" to "prove to them that [he's] more than what they thought of me, ... that [he's] a good person",<ref>{{cite news|last1=Blanchfield|title=Peter MacKay praises Omar Khadr for renouncing violence, as Stephen Harper stays mum|url=https://www.thestar.com/news/canada/2015/05/08/harper-sticks-to-his-denunciation-of-omar-khadr.html|access-date=7 July 2017|work=Toronto Star|agency=The Canadian Press|date=2015-05-08|archive-url=https://web.archive.org/web/20170613011731/https://www.thestar.com/news/canada/2015/05/08/harper-sticks-to-his-denunciation-of-omar-khadr.html|archive-date=13 June 2017|url-status=live|df=dmy-all}}</ref><ref>{{cite news|last1=Shephard|first1=Michelle|title=Omar Khadr, Child Prisoner Who Claimed Torture at Gitmo, Freed on Bail in Canada During U.S. Appeal|url=https://www.democracynow.org/2015/5/8/omar_khadr_child_prisoner_who_claimed|access-date=7 July 2017|work=Democracy Now|date=May 8, 2015|archive-url=https://web.archive.org/web/20170708011516/https://www.democracynow.org/2015/5/8/omar_khadr_child_prisoner_who_claimed|archive-date=8 July 2017|url-status=live|df=dmy-all}}</ref> saying he is not the man the authorities have portrayed.<ref>[http://www.ottawasun.com/2015/05/07/omar-khadr-freed-on-bail "Omar Khadr wants Canadians to give him a chance"] {{Webarchive|url=https://web.archive.org/web/20150518065140/http://www.ottawasun.com/2015/05/07/omar-khadr-freed-on-bail |date=2015-05-18 }}, ''Ottawa Sun'', 7 May 2015</ref> 
On May 8, 2015, Canada's Prime Minister Stephen Harper said he was unapologetic about his government's efforts to keep Omar Khadr imprisoned.<ref>[https://www.theglobeandmail.com/news/politics/harper-unapologetic-about-governments-efforts-to-keep-khadr-in-prison/article24334556/ "Harper unapologetic about Ottawa's efforts to keep Omar Khadr in prison"] {{Webarchive|url=https://web.archive.org/web/20181221182029/https://www.theglobeandmail.com/news/politics/harper-unapologetic-about-governments-efforts-to-keep-khadr-in-prison/article24334556/ |date=2018-12-21 }}, ''The Globe and Mail'', 8 May 2015</ref>

A week after his release, the Supreme Court of Canada released a further decision concerning his incarceration. On May 14, 2015, the Supreme Court of Canada rejected the federal government's position, ruling that Khadr had clearly been sentenced by the U.S. military tribunal as a minor. If he lost his appeal of the US conviction, underway in a separate action, he would serve any remaining time in a provincial facility rather than in a federal penitentiary.<ref name="SCCyouth">{{cite news |url=https://www.theglobeandmail.com/news/national/omar-khadr-youth-or-adult-question-decided-by-top-court/article24421830/ |title=Supreme Court rules Omar Khadr was sentenced as a juvenile in minutes |first=Sean |last=Fine |work=The Globe and Mail |date=May 14, 2015 |access-date=September 7, 2017 |archive-url=https://web.archive.org/web/20170430064422/http://www.theglobeandmail.com/news/national/omar-khadr-youth-or-adult-question-decided-by-top-court/article24421830/ |archive-date=April 30, 2017 |url-status=live |df=mdy-all }}</ref><ref name="canlii2015" >{{Cite web|url=http://canlii.ca/t/ght2b|title=''Bowden Institution v. Khadr'', 2015 SCC 26|website=[[CanLII]]|accessdate=Dec 30, 2022}}</ref>

On February 18, 2016, the newly elected Liberal federal government dropped the appeal started by the previous Conservative federal government that sought to revoke his bail.<ref name="cbcbail">{{cite news|title=Omar Khadr to stay out on bail after federal government drops appeal|url=http://www.cbc.ca/news/politics/omar-khadr-bail-fight-1.3454278|website=Canadian Broadcasting Corporation|access-date=2016-02-21|archive-url=https://web.archive.org/web/20160221123441/http://www.cbc.ca/news/politics/omar-khadr-bail-fight-1.3454278|archive-date=2016-02-21|url-status=live}}</ref>

As of April 2016, Khadr was engaged to Muna Abougoush, an Edmonton-based human-rights advocate who helped launch an international campaign to free him and who corresponded with him while he was in prison.<ref name="Engagement">{{cite news | url=http://news.nationalpost.com/news/canada/omar-khadr-marrying-edmonton-human-rights-activist-who-helped-him-gain-his-freedom | title=Omar Khadr marrying Edmonton human-rights activist who helped him gain his freedom | work=[[National Post]] | date=April 18, 2016 | agency=[[Postmedia News]] | access-date=18 April 2016 | author=Ibrahim, Mariam | df=dmy-all }}{{dead link|date=April 2025|bot=medic}}{{cbignore|bot=medic}}</ref>

On December 13, 2018, Omar Khadr was back in Edmonton court to ask for changes to bail conditions and on December 21, 2018, an Edmonton judge denied relaxed bail conditions for Khadr, meaning he would not be able to get a Canadian passport to travel to Saudi Arabia and would not be granted unsupervised conversations with his sister.<ref>{{cite web |last1=Weber |first1=Bob |title=Edmonton judge dismisses Omar Khadr's request to ease bail conditions {{!}} Globalnews.ca |url=https://globalnews.ca/news/4784607/omar-khadr-bail-conditions-request-december-20/ |website=globalnews.ca |language=en |date=21 December 2018 |access-date=22 December 2018 |archive-url=https://web.archive.org/web/20181222082328/https://globalnews.ca/news/4784607/omar-khadr-bail-conditions-request-december-20/ |archive-date=22 December 2018 |url-status=live |df=dmy-all }}</ref>

On March 25, 2019, an Alberta judge ruled that his sentence has expired and Khadr was a free man. He could apply for a passport, and he had no restrictions on whom he can meet.<ref name=theglobeandmail2019-03-25/>

==Civil suits==
===Morris and Speer's suit against Ahmed Khadr===
Layne Morris and Tabitha Speer, Christopher Speer's widow, both represented by Donald Winder,<ref>[[CTV News]], "[http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20040806/Khadr_Lawsuit_040806?s_name=&no_ads= U.S. woman sues dead Khadr dad for $10 million]{{dead link|date=July 2021|bot=medic}}{{cbignore|bot=medic}}", August 6, 2004</ref> filed a civil suit against the estate of Ahmed Khadr, claiming that the father's failure to control his son resulted in the loss of Speer's life and Morris's right eye. Since United States law does not allow civil lawsuits against "acts of war", Speer and Morris relied on the argument that Khadr's throwing the grenade was an act of [[terrorism]], rather than war. In February 2006, Utah District Court Judge [[Paul Cassell]] awarded the plaintiffs $102.6&nbsp;million in damages, approximately $94&nbsp;million to Speer and $8&nbsp;million to Morris.<ref>{{in lang|ar}}al-Vefagh News, "[http://www.al-vefagh.com/1384/841204/html/doliat.htm بريطانيا تلقي القبض على ممثلين من القاعدة]", February 23, 2006 {{webarchive |url=https://web.archive.org/web/20080420090900/http://www.al-vefagh.com/1384/841204/html/doliat.htm |date=April 20, 2008 }}</ref> He said it likely marks the first time terrorist acts have resulted in civil liabilities.<ref name=SLTribune>[http://www.sltrib.com/utah/ci_3522572 "GI injured in Afghan war wins lawsuit: Unique case: Court awards default judgment to man blinded in one eye"] {{webarchive|url=https://web.archive.org/web/20170103003243/http://www.sltrib.com/utah/ci_3522572 |date=2017-01-03 }}, ''[[Salt Lake Tribune]]'', February 16, 2006</ref> It has been suggested that the plaintiffs might collect funds via the [[U.S. Terrorism Risk Insurance Act]],<ref name=SaltLakeTribune20070514>
{{cite news
| url=http://www.sltrib.com/ci_6140530
| title=Judge clears way for wounded soldier to collect judgement against terrorist
| publisher=[[Salt Lake Tribune]]
| date=June 14, 2007
| author=Dawn House
| access-date=June 15, 2007
| archive-url=https://web.archive.org/web/20071229012806/http://www.sltrib.com/ci_6140530
| archive-date=December 29, 2007
| url-status=live
| df=mdy-all
}}
</ref> but the US federal government is not bound by civil rulings, and it has refused to release Khadr's frozen assets.<ref>House, Dawn. ''[[Salt Lake Tribune]],'' "Feds fight order to turn over terrorist funds", January 26, 2008</ref>

===Omar Khadr's suit against the Canadian government===
In 2013, Khadr filed a {{CAD|20 million}} civil suit against the [[Government of Canada]] alleging that it had conspired with the U.S. in abusing his rights. He said he had signed the plea agreement because he believed it was the only way he could gain transfer from Guantanamo, and claimed that he had no memory of the firefight in which he was wounded.<ref name="nomemory" /><ref name="CBCpleasguilty" />

On July 4, 2017, an unnamed government source leaked that the Canadian government would apologize and pay {{CAD|10.5}} million in compensation to Khadr.<ref name="millions and apology" />  At a press conference on July 7, 2017, [[Minister of Justice (Canada)|Attorney General]] [[Jody Wilson-Raybould]] and [[Minister of Public Safety and Emergency Preparedness|Public Safety Minister]] [[Ralph Goodale]] confirmed the settlement and issued a formal apology on behalf of the government.<ref name="auto"/>  In an interview with [[Rosemary Barton]] of ''[[Power & Politics]]'' that day, Khadr said that he hoped the apology restores a little bit of his reputation. He also said that he hoped the settlement and apology would not cause the Speer family pain and said that if it does, he was sorry for that.<ref>{{cite news|last1=Nicol|first1=John|title=Omar Khadr says government apology 'restores a little bit my reputation'|url=http://www.cbc.ca/news/politics/omar-khadr-interview-compensation-apology-1.4193636|work=[[CBC News]]|date=7 July 2017|access-date=7 July 2017|archive-url=https://web.archive.org/web/20170707164951/http://www.cbc.ca/news/politics/omar-khadr-interview-compensation-apology-1.4193636|archive-date=7 July 2017|url-status=live|df=dmy-all}}</ref>

===Morris and Speer's suit against Omar Khadr===
In 2014, Layne Morris and Tabitha Speer filed a wrongful death and injury lawsuit against Khadr. In 2015, a Utah judge granted them a {{USD|134}} million [[default judgment]] after Khadr did not respond to the suit.<ref name="GMsuit">
{{cite news
| url=https://www.theglobeandmail.com/news/national/us-judge-awards-134-million-in-suit-against-omar-khadr/article25242269/
| title=U.S. judge awards $134-million in suit against Omar Khadr
| publisher=The Globe and Mail
| date=July 3, 2015
| access-date=July 8, 2017
| archive-url=https://web.archive.org/web/20170713153722/https://www.theglobeandmail.com/news/national/us-judge-awards-134-million-in-suit-against-omar-khadr/article25242269/
| archive-date=July 13, 2017
| url-status=live
| df=mdy-all
}}
</ref> In 2017, Morris and Speer filed an application to make the judgment enforceable in Canada, which as of July 4, 2017 was yet to have been heard.<ref name="CBCcivil">
{{cite news
| url=http://www.cbc.ca/news/politics/khadr-compensation-speer-morris-1.4190468
| title=Widow, injured soldier's court filing seeks money federal government is expected to give Khadr
| publisher=CBC News
| date=July 4, 2017
| author=Rob Gillies
| access-date=July 8, 2017
| archive-url=https://web.archive.org/web/20170708132139/http://www.cbc.ca/news/politics/khadr-compensation-speer-morris-1.4190468
| archive-date=July 8, 2017
| url-status=live
| df=mdy-all
}}
</ref>

==References==
{{Reflist|30em|refs=
<ref name=theglobeandmail2019-03-25>{{cite news
 |url          = https://www.theglobeandmail.com/canada/article-alberta-judge-rules-omar-khadrs-sentence-has-expired/
 |title        = Alberta judge rules Omar Khadr's sentence has ended
 |work         = [[The Globe and Mail]]
 |author       = Bob Weber
 |date         = 2019-03-25
 |location     = [[Edmonton]]
 |access-date  = 2019-04-06
 |quote        = The last legal restrictions on Omar Khadr were lifted on Monday when an Alberta judge ruled that a war-crimes sentence for the former Guantanamo Bay prisoner has expired.
 |archive-date = 2019-03-30
 |archive-url  = https://web.archive.org/web/20190330072344/https://www.theglobeandmail.com/canada/article-alberta-judge-rules-omar-khadrs-sentence-has-expired/
 |url-status   = live
}}</ref>

<ref name=Chch2019-03-25>{{cite news
| url       = https://www.chch.com/alberta-judge-rules-omar-khadrs-sentence-has-expired/
| title       = Alberta judge rules Omar Khadr's sentence has expired
| work       = [[CHCH-TV]]
| date       = 2019-03-25
| access-date       = 2019-04-06
| quote       = 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.
| archive-date       = 2019-04-07
| archive-url       = https://web.archive.org/web/20190407022533/https://www.chch.com/alberta-judge-rules-omar-khadrs-sentence-has-expired/
| url-status       = live
}}</ref>

<ref name=Cbc2019-03-25>{{cite news
 |url          = https://www.cbc.ca/news/canada/edmonton/khadr-war-crimes-expired-1.5068610
 |title        = Omar Khadr's war crimes sentence is finished, Alberta judge rules
 |work         = [[CBC News]]
 |date         = 2019-03-25
 |location     = [[Edmonton]]
 |access-date  = 2019-04-06
 |quote        = The lawyer also noted that under the Youth Criminal Justice Act, there is no right to appeal Monday's decision.
 |archive-date = 2019-03-31
 |archive-url  = https://web.archive.org/web/20190331135349/https://www.cbc.ca/news/canada/edmonton/khadr-war-crimes-expired-1.5068610
 |url-status   = live
}}</ref>

<ref name=EdmontonJournal2019-04-05>{{cite news
 |url          = https://edmontonjournal.com/news/local-news/khadr-judge-avoids-stepping-on-americans-toes-with-decision-to-end-sentence-expert
 |title        = Omar Khadr is a free man. Does the U.S. care?
 |work         = [[Edmonton Journal]]
 |author       = Jonny Wakefield
 |date         = 2019-04-05
 |access-date  = 2019-04-06
 |quote        = In her March 25 decision, Moreau said she was not “terminating or shortening” Khadr’s sentence, which could breach the 2004 International Transfer of Offenders Act (ITOA) and the 1978 U.S.-Canada prisoner exchange treaty.
 |archive-date = 2019-04-06
 |archive-url  = https://web.archive.org/web/20190406124316/https://edmontonjournal.com/news/local-news/khadr-judge-avoids-stepping-on-americans-toes-with-decision-to-end-sentence-expert
 |url-status   = live
}}</ref>
}}

==External links==
{{wikinews|has=articles related to the detention and tribunals of Omar Khadr| Canadian teen faces disputed US military tribunal| Supporters of Canadian youth held in Guantanamo gather, demand action| Tribunal considers role of Canadian minor in alleged war crimes| Canadian lawyer urges Prime Minister to repatriate Omar Khadr}}
{{Commons category-inline}}
*[http://freeomarakhadr.com/ The official campaign website for Omar Khadr] {{Webarchive|url=https://web.archive.org/web/20131113060416/http://freeomarakhadr.com/ |date=2013-11-13 }}
*[https://web.archive.org/web/20120414204443/http://www.law.utoronto.ca/faculty_content.asp?itemPath=1%2F3%2F4%2F0%2F0&contentId=1617 University of Toronto Faculty of Law: The Omar Khadr case]

{{GitmoCharges}}
{{CanadianWarCrimes}}
{{Afghanistan War}}
{{Canada in Afghanistan}}
{{WoTPrisoners}}

{{Authority control}}

{{DEFAULTSORT:Khadr, Omar}}
[[Category:1986 births]]
[[Category:Articles containing video clips]]
[[Category:Bagram Theater Internment Facility detainees]]
[[Category:Canadian expatriates in Pakistan]]
[[Category:Canadian extrajudicial prisoners of the United States]]
[[Category:Canadian Muslims]]
[[Category:Canadian people convicted of murder]]
[[Category:Canadian people convicted of war crimes]]
[[Category:Canadian people of Egyptian descent]]
[[Category:Child soldiers]]
[[Category:Juveniles held at the Guantanamo Bay detention camp]]
[[Category:Khadr family|Omar]]
[[Category:Living people]]
[[Category:People convicted of murder by the United States military]]
[[Category:People from Scarborough, Ontario]]
[[Category:Prisoners and detainees of Canada]]
[[Category:Canadian people of Palestinian descent]]