In the photo that Canadians have come to know so well, Omar Khadr is pictured as a solemn but unremarkable 14-year-old boy. It could be a photo from any high school yearbook in Canada.

Today’s photo of Omar Khadr shows a young man, bearded and —  oddly, considering his circumstances — smiling man in his early 20s.

Whether as a teen or a man, the face of Omar Khadr haunts the government of Stephen Harper, and nags at the conscience of all thinking Canadians.  

The Khadr story is well known by now. Toronto born, Khadr is the fifth child of the Khadr family, sometimes called the first family of Canadian terrorism for their close ties to Osama bin Laden. The family lived variously in Canada, Pakistan and Afghanistan, most notoriously spending time in bin Laden’s home.

Omar Khadr was 15 and living with his family in Afghanistan when he was involved in a firefight with American forces in 2002. An American soldier was killed by a grenade blast, which American authorities claim was  thrown by Khadr. He was sent to Guantanamo Bay prison camp in late October, 2002.

Considered a treasure trove of intelligence because of his links to Bin Laden, Khadr came under the most intense interrogation, including the use of sleep deprivation to make him talk. Canadian authorities entered the fray, questioning Khadr like they were his friends, then shamefully passing along the information to the Americans.

Last week, the Supreme Court of Canada made the most recent of many court rulings on Khadr case. In a damning indictment, the court ruled that Canada breached “the most basic Canadians standards about the treatment of youth suspects,” and that the breaches remain ongoing until the government provides a remedy.

That remedy? Bring Omar Khadr home.

The Supreme Court could have ordered the government to bring Khadr home, but chose in its wisdom to leave it up to the government to decide how to remedy the situation. But by decreeing that Khadr has had his rights violated, and the best remedy is to repatriate him, the court has given the broadest possible hint to the Harper government that it is time to bring Khadr home.

But Harper has dug in his heels on Khadr. It seems likely that, barring a Supreme Court order,  the Tories are content to let the wheels of American justice grind on.

Canada stands alone in its intransigence regarding Guantanamo prisoners. Australia, Britain, France, Belgium, and Germany have all repatriated detainees, yet Canada refuses to budge on Khadr. Despite the gross violation of his rights, Harper has signaled that he has no intention of remedying the situation.

Why?

The most likely reason is, to put it bluntly, it is a whole lot easier to let Khadr rot in U.S. jail than to bring him home. It costs Canada nothing to leave Khadr in Gitmo, and sidesteps the thorny problem of what to do with him if he is repatriated. Should he stand trial under Canadian law? Or, should he be granted some degree of sympathy as a child soldier who was clearly under the sway of his evil family?

Questions surrounding this case are long, long overdue for answers. If we have to bring him back to Canada to get answers, then we should.  

There is one painful irony in this case. If Omar Khadr had faced an murder rap in Canada as a 15 year old, he would probably be free today.