Lets get some basic facts on the table,  Our govt of the day did not send him to be tortured, he was captured by the Americans taken to Baghram, given more medical  treatment and then sent to Guantanamo.  Further to this argument of him being a child soldier. Before the Optional Protocol on Child Soldiers that was drafted in 2000 a child soldier was anyone 14 and under,  at the time of his capture by the Americans, on 17 July 2002 he was fifteen almost sixteen, and the American Govt did not ratify the Optional Protocol until Dec 2002 therefore legally in an American Judicial setting he was not a Child Soldier.  The only setting that mattered in this case was theirs, we did not have custody of him.  The Liberal Govt of the day, PMJC and PMPM made no effort to return him to Canadian Control, in fact they allowed members of DFAIT and CSIS to go down there and interview/interrogate him.  One of the interview/interrogation are the basis for his Charter Breach