In an effort to force Ottawa’s hand in the transfer of Omar Khadr, the Guantanamo Bay inmate’s lawyers on Friday filed an application with the Federal Court for a judicial review into the delay.
The 25-year-old has been eligible since last October to return to Canada to serve out the rest of his sentence yet he remains in Guantanamo. His lawyers have accused the federal government of delaying the transfer process.
The Court is expected to consider the circumstances of the case to determine whether or not the delay is unreasonable.
If the review is granted, the Court will direct the Minister of Public Safety to render a decision on the case.
Khadr was captured by U.S. troops after a four-hour firefight in which he is accused of throwing a grenade that killed an American medic.
The Toronto-born Khadr pleaded guilty in 2010 before a military tribunal to war crimes committed in Afghanistan.
As part of his plea deal he was sentenced to eight years with one year to be served in Guantanamo.
As of last October, Khadr was eligible for transfer back to Canada, but his lawyers say Ottawa has dragged its feet on the transfer and is yet to formally ask the U.S. for Khadr's return.
Last April, U.S. Defence Secretary Leon Panetta signed off on Khadr’s transfer, according to Khadr’s U.S. lawyer Lt.-Col. Jon Jackson.
But meetings on the logistics of the transfer between the two countries have now stopped, and senior U.S. officials are wondering what has caused the stall, Jackson said.
