This article was last updated on April 16, 2022
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The former Guantanamo Bay detainee, Omar Khadr, has decided to consent with a stay of a ruling by Alberta’s top court, which ruled that Khadr should be serving his sentence as a youth and be transferred to a provincial jail. According to his lawyer, Khadr is willing to remain at the federal Bowden Institution in central Alberta because he’s doing well there.
According to a July 8 ruling, the Court of Appeal of Alberta found that an earlier ruling by lower court judge was wrong to decide that Khadr should be placed in a federal prison and instead announced that he should be put in a provincial facility for adults. “In summary, the eight-year sentence imposed on Khadr in the United States could only have been available as a youth sentence under Canadian law, and not an adult one, had the offences been committed in Canada.”
According to the three-judge panel, the U.S. sentence was not incompatible with Canadian laws and should not have been adapted to conform to a punishment under Canadian law for an equivalent offence. “Under the International Transfer of Offenders Act (ITOA), no one is entitled to second-guess that decision or the sentence, much less convert the eight-year inclusive sentence into something other than what it is.” 27-year-old Khadr had appealed the Oct. 18 ruling by Court of Queen’s Bench Associate Chief Justice John Rooke that he serve the rest of his sentence in a federal penitentiary.
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