Due process is a right that ensures every Canadian citizen is presumed innocent until proven guilty in a court of law, and the ability to properly defend and question evidence before an independent court. It is a constitutional right.
There’s been a lot of anger regarding the Omar Khadr settlement, and a lot of it coming from the alt-right side of the political spectrum, even suggestions that the constitution should not apply to those who are terrorists. Just think for a minute. If due process rights are suspended on suspected terrorists, who decides who’s a terrorists and based on what evidence? The Supreme Court of Canada has set rules regarding how much evidence is needed to convict someone of a terrorist offense. If you throw the Charter of Rights and Freedoms of “suspected” terrorists out the window, then there are no such rules that apply.
If you speak out against government, does that make you a terrorist? Do opposition parties then become terrorists of the state? If you had an argument with your neighbor does he get to call in the authorities and have you arrested on terrorism charges? Does witchcraft, and questioning the christian bible make you a terrorist? All of these are strong possibilities when due process rights are not actively administered. If there is no evidence threshold because there’s no rights guaranteed by the charter and upheld by the supreme court, than a simple thing like picking up your coffee mug different than you did the morning before could be enough to land you with a room mate named bubba.
In Khadr’s case it was the US government who decided Khadr was a terrorist and this was based on a coerced confession and evidence that even former crown prosecutors in Canada have confessed wouldn’t touch with a ten foot pole, let alone be able to obtain any sort of conviction in a Canadian court. There was no trial, and no court conviction. The only conviction Khadr received was that through the court of public opinion as a result of due process not being awarded, and being tortured into confession. He’s getting paid $10.5 million to compensate for damages he has suffered as a result. As far as I am concerned that number should be a lot higher.
I’m going to have a lot more on this in the next few days, and weeks but I wanted to weigh in, because the real tragedy in all of this, is that I feel almost ashamed to be Canadian. Not because we paid Khadr $10.5 million but that we have allowed the alt-right to take control of the political messaging on this for a week (as a result of the Government not coming out ahead on this), all the while they have argued against our constitution, against our Canadian values, and are calling those that support our constitution and freedoms within it, supporters of terrorism.
I must say, that as a proud patriotic Canadian, the past few days I have kicked all of my friends who claim to be from the alt-right out of my circle, without any hesitation, some of which were close friends for decades and recently bought into this cult and started attacking me for supporting our constitution, and there will be no hesitation if I find more. After what I’ve heard this week, I have no sympathy for any movement or political party that has launched such an all out assault on our constitution, which is a lot more disgusting and treasonous to me as a Canadian than ensuring one of our own is compensated for a “witch hunt” that three consecutive governments (two Liberal and one Conservative) had a hand in.