Letter from Nathan J. Whitling of Parlee Mclaws LLP to Bill Graham, Canadian Minister of Foreign Affairs re: ar Ahmed Khadr, Guantanamo Bay Detainee

This letter is a follow-up to previous letters sent to Canadian Foreign Affairs officials concerning Mr. Omar Ahmed Khadr, a Guantanamo Bay Detainee. The letter requests that the Canadian Department of Foreign. Affairs and International Trade seek the following assurances from the U.S.: i) Conversations between Omar and his defense counsel will not be monitored; ii) Omar will not be excluded from any portion of the proceedings; iii) Arrangements will be made to transfer Omar to Canada for the purpose of serving any sentence which may be imposed upon him; iv) Any military commissions will be open, the media present and appropriately cleared representatives of the accused's government may observe the proceedings; and v) Omar may be permitted to talk to appropriately cleared family members via telephone, and two appropriately cleared family members would be able to attend his trial

Monday, February 9, 2004
Tuesday, June 7, 2005


February 9. 2004 NATHAN J. WBI1UNG
DIRECT DIAL: ('780) 423-865&
EMAI1.: owhitlit\g@plll1cc.cam
Department ofForeign Affairs and I;nten1a.tional Trade
, Lester B. Pearson Building, Tower A • 125 Sussex Drive Ottawa. O't'l KiA OG2 -)~
Attention:' Bill Gr3.bam, Minister ofForeign Affairs O~·
Dear Sir:
Re: Omar Ahmed Khadr, Guantanablo Bay Detainee
. Kindly xeceive this letter as an addendum or supplement to the letter sent to your offiCe byMr~ , Deimis Edney dated January 20, 2004. I continn.that the writer acts as CO-CO'UllSel for Omar Ahmed Khadr, along with Mr. Edney, .
We' enclose for your review one Authorization and Consent to Act signed by Omar's
, grandmother" Fatima El-Samnah, and one Authorization .and Consent to Act signed by Omara brother. Abdur Ralmian Khadr. A!, these materials indicate; both Mr. Edney and the writer have been retained by Mr. Khadr's family to' act in his best interests. Additionally. these materials confirm that Omar is being beld in communicado in Guantanamo Bay and may not ~requests to your Mioistry himsel£
.. We also enclose for yoU( ~ewa copy ofa News R.elease from the United States Department of Defence d~ed November 25,2003. We note that this document confinns that the United states ..
. government iW~entered into an agreement with the Australian government in relation to the manner in which an Australian citizen will be tried and treated. before militiuy commissions· constituted by the Department of Defence. Notably, this document c:oDfQ1llS tilat Australia' has sought aDd received assurances that the U~ited States will Dot seek the death penalty as against their citizen, Mr. Hicks. We hereby request and deJ:D8,ndtllat your Ministry seek ~ an equivalent assurance on behalf of Omar to be implemented in the event that he is charged and tried before a United States Military Commission•. In this regard. we cite the decision of the Supreme Court of Ganada in United States v. Bums, [2001J 1 S.C..R. 283. We also refer to the numerous other conditions in this agreement, all ofwhich we request that your Ministry seek on Omar's behalf. 'These include: . ' ,
1. , ConverSations between Omar and his defence counsel will not be momtored;
-PLEAS£ REl'LYTO EI!MOIlTOtI OFflc:E j-:--•• _.. -'" "-"-;
EDMONTON 1500 ""'"uIlM Pt.aca .. 101 e~1Df S1nl8~ EdmIlnlun; Alboirta TSJ 411 Talophooo: ",00)42$-41500 FalC (78O~O UNITED STATES DEPARTMENT OF STATE .
j EoIaIIlIIIOIIe8'! .'j PIItcriI, Tr8cIanmlcAll~1II .-i~·,!'J16UNclASSIFIED CALGAR'l' S4()O P6l/ICanIlda ee"b'e 1!O-a A'IOIIuo SW. Calgary, Albcl1B T2P 3Y7 TeJ8pI\one: {~1~700D Fax: (403)2es.a~63
DATE/CASE'ID: 2'0 APR 2005 200303827


'~ DFAIT'MAEC! WQLA_QQIPI~D__' --NO. 516-P. 17.__.__ ... ~_
A~G,.27. 2004-12:42PM '
Onw wi~ not be excluded from any portion of the proceedings;

Ammge.ments will be made to transfer Omar to Canada for the purpose ofserving any sentence which may be imposed upon him;

. 4. .Any ,military commissions will be QPen, the media pl'eSent and appropria.tely oleared representatives ofthe accused's govemment may observe the proceedings;
S. If Omar is convicted, the Canadian government may make 5ubmi5Sions to the Review Panel; ­
6. Omar may be pemritted to talk to appropriately cleared family D\ember3 via telephone, and hvo appropriately cleared family .memberS would be able to attend
~~~ ,
,Omar roay choose to have an appropriately cle.tted foreign attorney as a ' consultant to the Defense Team. Foreign attorney consultant ~to attorney­client information, case mat~al or the accused. will be subje(!t to approPriate security clearances and restrictions and determined on a casO-by~asebasis; and

The above assurances are in addition to other military commission procedures which already provide for the presumption of innocence. proof of guilt beyond a reasonable doubt, representation by a competent and zealous defense counsel free of chBfget no adverse int'elence for choosing to remain silent and the overall requirement that any commission proceedings be fun and fair. .

Finally. I include colour copies of the photographs and identification wbich were referred to in Mr. EdneYs originlil letter but Whicb were not enclosed.
Given the seriotlSness of Omats current predicament, this is a 'situation of the utmost urgency calling for your immediate attention. Deapite this. we luive yet to receive any response to our past correspondence. We look forwanl to bearing nom your office in the very near future,
.. failing which we· will be seelcing appropriate relief in the Federal Court of Canada. Kindly
gOVeJD, yourself accordingly. '.,

Yours trulY.
c.o. Dennis Edney (without enclosures)