First of all, he was 16 when detained in Cuba.   He was one month away from his 16th birthday when captured in the conflict.  The fact that 16 year old, old enough to drive a car in Canada, was in another country as a member of the Taliban, standing against our values and all we hold dear in the Charter, should form part of the rationale in determining what he is owed, even as a Canadian citizen.  Just as Trudeau Sr invoked the War Measures Act under exceptional circumstances, violating the rights of all Canadians to protect them, Trudeau Jr could have enacted the Notwithstanding Clause of the Charter.