Dennis Edney has filed an application in court to have the 26-year-old transferred out of the maximum-security Edmonton Institution.
Edney said Tuesday that the Toronto-born Khadr was sentenced for crimes committed as a teenager and he should be in another facility, such as a provincial jail.
``Under the Transfer of Offenders Act, Omar Khadr should be treated as a youth, based upon the sentence he received _ an eight year sentence _ and not be lodged in a maximum security prison as an adult.
``Our government's misconduct is a continuation of his ill treatment in Guantanamo.''
Khadr was held for a decade in Guantanamo Bay, Cuba, before he pleaded guilty to war crimes that included killing an American special forces soldier in Afghanistan when he was 15.
A U.S. military commission sentenced him to another eight years behind bars and he was transferred to Canada.
He first served as a maximum-security inmate in Millhaven penitentiary west of Kingston, Ont.
But when he was threatened there by a fellow inmate, he was put into isolation. A few months later, he was moved to Alberta.
Edney hopes his application for another transfer can be heard in court next month.
He said he has received a letter from federal justice officials steadfast in their position that Khadr is serving an adult sentence and should be in a federal prison.
Public Safety Minister Steven Blaney also issued a statement Tuesday.
``Omar Khadr pleaded guilty to very serious crimes, including the murder of American Army medic Sgt. Christopher Speer,'' Blaney said. ``The Government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes.''
© 2013 The Canadian Press