canadian has been in custody there. this week he is finally slated to have his day in court before a military commission. khadr was 15 when he was picked up on the battlefield in afghanistan. >> there is evidence that he was making bombs. there's evidence that he was placing bombs as ieds on roads in afghanistan, and there is evidence that he is the person that threw a grenade that killed an american soldier. >> reporter: khadr's attorney strongly disagrees. >> reporter: the evidence in this case is clear -- clear -- that omar khadr did not throw the grenade that killed sergeant chris spear. >> reporter: omar khadr's attorney says his client, mao 23, was a child soldier, that interrogators threatened him with rape to obtain confessions, and that his client should be tried in federal court rather than in what he calls an illegitimate, illegal and unequal military commission. >> separate is always unequal when it comes to aa justice