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MetalGreymon he was in Gitmo because he was picked up on a battlefield as an illegal combatant. That's what Gitmo was used for. He was released because he no longer had any intelligence value.
If a Canadian court wishes to make a political statement about Gitmo, which it can do since this guy is a Canadian citizen, then they are free to do so.
However the fact remains he took up arms against the USA and is defined as an illegal combatant (refer to the Geneva Convention for a handy definition).
Once in Gitmo he has no rights. If Canada feels guilty about his incarnation there, that's their problem. After all, he went to Pakistan after becoming a Canadian citizen and then came back to Canada. That behavior is usually problematic. Canada should pay better attention to people that do this. There have been terrorist attacks in Canada.
As for killing him, if the US deems him to be a national security threat, he may be legally assassinated. This is what we did with Osamara bin Ladin.
Killing a foreign national is allowable under those circumstances, even if done on foreign soil (which is an act of war). The point is, we can do these things legally.
