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My Profile Top News Reuters top ten news stories delivered to your inbox each day. Subscribe You are here: Home > News > International > Article Home Business & Finance News U.S. Politics International Technology Entertainment Sports Lifestyle Oddly Enough Health Science Special Coverage Video Pictures Your View The Great Debate Blogs Weather Reader Feedback Do More With Reuters RSS Widgets Mobile Podcasts Newsletters Your View Make Reuters My Homepage Partner Services CareerBuilder Affiliate Network Professional Products Support (Customer Zone) Reuters Media Financial Products About Thomson Reuters Canada seeks not to repatriate Guantanamo inmate Fri Nov 13, 2009 2:20pm EST Email | Print | Share | Reprints | Single Page [-] Text [+] By Randall Palmer OTTAWA (Reuters) - Canadian courts grossly overreached when they ordered Ottawa to ask Washington to send a Canadian held at the Guantanamo Bay military prison back to Canada, a federal lawyer argued on Friday. The government wants the Supreme Court of Canada to overturn lower court decisions that it had to ask the Obama administration to repatriate Omar Khadr, accused of killing a U.S. soldier during a firefight in Afghanistan. The court heard oral arguments on Friday, and Khadr's legal team asked it to give a speedy ruling. The case coincided with an announcement from U.S. Attorney General Eric Holder that Khadr was one of 10 Guantanamo inmates -- among 215 held there now -- against whom prosecutions would proceed. Khadr's lawyers say Ottawa violated Khadr's rights in refusing to ask the United States to send him home. Canada said the courts could not dictate how it conducted foreign affairs. "The courts have no more authority to order the government to request (Khadr's) repatriation than they have the power to order the government to recall the U.S. ambassador in protest or to order the government to amass our warships on the Baltic," federal lawyer Robert Frater told the court. Two successive Canadian governments have declined to seek the repatriation of Khadr, now the last citizen of a western nation held at Guantanamo. "We believe the U.S. legal process announced today should run its course," Conservative legislator Pierre Poilievre said on behalf of the government, noting that Khadr is charged with murder and with preparing roadside bombs in Afghanistan. Khadr's case has not been helped by the fact that he is from a family with close ties to al Qaeda leader Osama bin Laden. His late father was an al Qaeda financier. His lawyers say he was a child soldier, 15 years old when he was captured in 2002, and that the United States tortured him in Guantanamo by depriving him of sleep. The Supreme Court last year found that Canada had taken part in an illegal process in interviewing Khadr in Guantanamo, given the sleep deprivation and the legal conditions there. But Chief Justice Beverley McLachlin seemed to agree with Frater that conditions at Guantanamo had improved. "Usually you'd expect a remedy to fix up, to remedy the very thing that's gone wrong. At this point there's no more recent evidence of torture or (Canadian) complicity," she told Khadr lawyer Nathan Whitling. The situation surrounding Khadr was in flux in light of President Barack Obama's order that Guantanamo be closed and Holder's announcement that Khadr's case would proceed. Washington did not say where the commissions would be held. If closes Guantanamo, they would likely move to U.S. soil. Continued... View article on single page Share: Del.icio.us Digg Mixx Yahoo! Facebook LinkedIn Next Article: U.S. meets immigration reform benchmarks: Napolitano Analysis Karzai image in tatters Just how far Hamid Karzai's reputation has fallen is summed up by a cartoon in the Economist, which shows the newly re-elected Afghan leader seated at a table -- between Mahmoud Ahmadinejad and Robert Mugabe. Full Article Blog: Will latest polls weigh on Obama? Full Coverage: Afghanistan More World News Blasts rip through Russian arms depot killing two Bomber attacks Pakistani intelligence agency; 10 dead | Video Chechnya says helicopter attack kills 20 rebels U.N.'s Ban to fast in solidarity with world's hungry Six groups suspend Chad aid after killing, kidnap More World News... 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