This letter is a response from the Canadian Minister of Foreign Affairs, Bill Graham to Dennis Edney of Edley, Hattersley & Dolphin concerning a Guantanamo detainee Omar Ahmed Khadr, who is a Canadian citizen. Mr. Graham acknowledges Mr. Edney's December 11, 2003 and January 20, 2004 letters and the amicus curiae briefs Mr. Edney has filed on behalf of Mr. Khadr. Mr. Graham explains why the Canadian government has not likewise filed briefs in the matter and states "the Government continues to make representations to the relevant U.S. authorities on behalf of Mr. Khadr, including with regard to his health, consular visits, the conditions of his detention, and the requirements of due legal process. In particular, we have formally registered our opposition to the death penalty as an acceptable punishment or as a sentence for any Canadian detainee held at Guantanamo Bay."
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RELEASBD IN fULL .
•
Minister .111' .Mm;s;re .. . . .
of Foreign Affairs des 'A1falres etranQ~rers~~::-:::~=~...
'. Dennis EdneY, ll.B. Edney, Hatters1ey and Dolphin Barristers and Solicitors 1970 Sun Life Place
: 10123 99 Street Edmonton, Alberta TS13ID
Dear Mr. Edney: '
, : ,REC~~VED
Onawa. canada K1A0G2'
The Honourable l'hoMlilbie, JUN 0 7 2004
Bill G~P.C•• 0.0.• M.P.. c.p.• C.r.. d4~
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~".-3'.
Thank you foi your letters ofDecember II, 2003, and 1anuary 20, 2004, concerning the
case ofOmar AhDJed Khadr and your request that the Government ofCanada prepare an ~iC1JS .
curiae briefin the cases ofShqfig Rami et al v. GeoTge W. Bush. Prenrknt o/the United States
et oJ. and Fawn Khalid AlxluJlah Fahad A1 OQoh st a/ v. United StatIJs et aL presently before the
U.S. Supreme Court. I regret the delay in replyWg.to you.
,
..
As you know, the Government ofCanada did not submit an amicus curiae brief. The issue
before the Court is'a narrow one. involving Iilattenfofdivision ofpowetJ between U.S.
~JistitutiOlial authotiti~ ratber than the hun1aa rights of.individuals. Accordingly; int~on , by a foreign state is unlikely to.be iooked upon.with interest by the Court. To our knowledge, , ,none ofthe governments whose nationals are among the applica1lU are intervening at this stage of '
the proceediDgs.
, The decision by the Govenunent ofCanada not t~ intervene on the jurisdictional point
does not pr'ec1ude the possibility ofIi future intervention in proceedings beCote U. S. courts that
involve Mr. Kbadr direc:tIy.
J,
In the meantime, the Government continues to make representations to the relevant U.S. authorities on behalfofMr. Khadr, including with regard to his heal~ consular visits. the eonditiona Qfhis detention, and the requirementS ofdue legal process. In p~cular, we have fonnaIly registered our opposition to the death penalty as an acceptable punishment or as a sentence for any ;:aoadian detainee held at OulUlUllamo Bay.
Sincerely•
.
....,I
,Canada
UNITED STATES DEPARTMENT'OF STATE REVIEW AUTHORITY: SHARON E AHMAD
UNCLASSIFIED
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DATE/CASE 10: 20 APR 2005 200303827 ,
DOS-003051