OTTAWA — A Federal Court of Appeal judge upheld a ruling Friday ordering the government to repatriate Canadian-born terrorism suspect Omar Khadr from the U.S. military prison in Guantanamo Bay.

In April, Federal Court Justice James O’Reilly ordered the Harper government to seek Khadr’s repatriation, arguing the government’s ongoing refusal to do so violates his rights under the Charter of Rights and Freedoms.

O’Reilly ruled the Canadian government was directly involved in Khadr’s mistreatment in Guantanamo Bay by sharing information with U.S. authorities, even though Canadian officials knew Khadr was being subjected to interrogation techniques such as sleep deprivation.

The judge also found that Canada has violated international laws that protect child soldiers.

Khadr, who was born in Toronto, was 15 years old when he was picked up by the United States army in Afghanistan during a shootout with American forces in 2002. He is accused of lobbing a grenade that killed a U.S. army medic.

Khadr, now 22, has been detained at Guantanamo Bay since October 2002. He is the only westerner still detained at the facility, as other nations have repatriated their citizens to face justice at home.

At a hearing in June before the appeal court, a Justice Department lawyer argued that O’Reilly overstepped his bounds by ordering the government to repatriate Khadr. Although admitting that Khadr wouldn’t pose any specific security risk if repatriated, the lawyer also noted there is only a “remote hypothetical possibility” that the United States will agree to Khadr’s release.

Khadr’s trial on war-crimes charges was suspended in January when U.S. President Barack Obama said the Guantanamo Bay military complex would close within a year. Disputes over who would represent the accused terrorist have further delayed his trial.

Last month, the watchdog for the Canadian Security Intelligence Service concluded the spy agency failed to consider human-rights concerns when its officials interrogated Khadr in Guantanamo Bay in 2003.