Ottawa ‘favourable’ to Omar Khadr’s return, according to diplomatic notes

GUANTANAMO BAY, Cuba _ The Canadian government has agreed to consider a request by Omar Khadr to transfer to Canada “favourably,” according to diplomatic correspondence released Sunday.

The so called “dip notes” between Washington and Ottawa formed the lynchpin of a plea-bargain agreement that saw Khadr plead guilty to war crimes in exchange for being able to leave Guantanamo Bay in a year.

“The government of Canada is inclined to favourably consider Mr. Khadr’s application to be transferred to Canada to serve the remainder of his sentence, or such portion of the remainder of his sentence as the National Parole Board determines,” the Canadian embassy wrote Oct. 23.

Under Khadr’s plea agreement, confirmed Sunday by the presiding judge, Khadr was sentenced to eight years despite a jury recommendation of 40 years.

However, only one of those eight years has to be served in U.S. custody. Khadr is likely to spend the time in solitary confinement in Camp 5, a maximum security prison, at this naval-base prison.

For its part, Washington made it clear that it had little intention of hanging onto Khadr after one year.

“The government of the United States would approve his transfer to Canada,” the note from Washington states.

It also makes clear that Khadr would be subject to Canadian laws and its parole system, which would essentially mean he is eligible for parole as soon as he arrives back in Canada.

“The United States understands that eligibility for parole does not mean that the release will be granted; only that it will be considered,” the note adds.

“The government of the United States further understands that public safety is the paramount consideration in all decisions.”

Nate Whitling, one of Khadr’s Canadian lawyers, said the language was strong enough that it could be litigated should Ottawa fail to allow his client to return to Canada promptly.

A spokeswoman for Foreign Affairs Minister Lawrence Cannon would not speculate on whether Canada would agree to the request.

Details of the pre-trial agreement, also released Sunday, state that Khadr will never try to enter the United States again after he leaves. He may also not enter U.S. airspace.

He has also agreed to turn over any profits he might make from his story to the Canadian government.

The document also notes that Canada cannot be forced to take him back.

“The decision to approve my transfer is ultimately made by the Canadian government,” the agreement says.

“This agreement cannot bind Canadian officials to accept my prisoner transfer application.”

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