New court documents show the Canadian government is defending itself against allegations it is deliberately dragging its feet in allowing Omar Khadr to return from Guantanamo Bay by arguing much of the delay is the fault of the Americans.
In an affidavit filed in response to a Federal Court application by Khadr's lawyers, a senior public safety official cites two main reasons for the lack of a decision to an application for Khadr to serve out his sentence in Canada - something he was eligible to do starting last October.
The first reason cited was a delay in Washington's approval of the transfer - granted only this past spring.
The second reason was Public Safety Minister Vic Toews's request for sealed videos of mental assessments of the inmate done for military prosecutors - apparently only discovered in February through media reports.
Khadr pleaded guilty to five crimes, including murder, in violation of the rules of war before a widely discredited military commission in October 2010. He applied to transfer to Canada in April of last year.
In an affidavit by Mary Campbell, the Correctional Service of Canada finished processing the application in October 2011 - around the time Khadr was eligible to return under terms of his widely reported plea deal.
The file was immediately forwarded to Public Safety Canada, which in turn sent it to Toews for a decision, according to the document obtained by The Canadian Press.
However, Toews refused to accept the file, according to Campbell, the ministry's director general of the corrections and criminal justice directorate.
"The minister does not, as a practice, consider applications from offenders in the U.S. unless the U.S. has first approved the application," Campbell said in her affidavit dated Wednesday.
John Norris, one of Khadr's Canadian lawyers, said Toews's refusal to handle the file before receiving formal U.S. approval made no sense given that Washington had agreed to the transfer at Khadr's trial in October 2010.
"How good an explanation is that in a case where the Americans had committed in a plea deal to approval?" Norris said in an interview Thursday.
"Clearly, it's the minister's office that is mishandling the file."
