The United States Government (USG) has requested the assistance of the Canadian Government in implementing the plea arrangement the USG has made with Omar Khadr. As part of this plea agreement, Khadr has admitted his guilt for the following crimes: murder in violation of the law of war, attempted murder in violation of the law of war, conspiracy, providing material support for terrorism, and spying. The USG requested that Canada consider a request for transfer made by Khadr under existing treaty arrangements for the transfer of offenders between the two countries.
Were Khadr to be transferred, the terms of his incarceration would be subject to existing Canadian laws pertaining to custody and conditional release. The USG understands that the Canadian Government has no authority to mandate terms of Khadr’s incarceration if he were to return to Canada. These terms are determined by the National Parole Board, which is an independent administrative tribunal.
In these circumstances, the USG understands and acknowledges that Khadr would be eligible to apply for parole in Canada after serving one-third of his sentence, and may be eligible for statutory release in Canada after serving two-thirds of the time remaining after his return to Canada.
The USG has indicated the urgency with which it has raised this matter with the Canadian Government and fully understands the consequences of the application of Canadian law to Khadr’s prison terms if he is transferred to Canada, including the rules regarding eligibility for parole and statutory release.
U.S. Department of Defense
Office of the Assistant Secretary of Defense (Public Affairs)