Omar Khadr war-crimes trial now slated for Nov. 10 at Guantanamo Bay

Col. Patrick Parrish, the military judge presiding over the case, has set Nov. 10 for the start but Khadr's Pentagon-appointed lawyer said Tuesday further delays are likely.

"The judge has not ruled on our motion to compel the appointment of an independent psychologist and psychiatrist," Lt.-Cmdr Bill Kuebler said from Washington.

"If he grants that motion, then it's very likely the November date will move."

Parrish's schedule calls for the trial to resume in early December if not finished by Nov. 23.

Held for six years in the notorious U.S. prison in Cuba, Khadr is accused of throwing a hand grenade that killed an American medic after a firefight in Afghanistan in July 2002 when he was 15.

The trial before a military commission was due to start Oct. 8, but was delayed last week amid defence and prosecution wrangling over access to evidence and other legal issues.

Kuebler said it appeared Parrish would be inclined to allow an independent assessment of Khadr's mental health, further pushing back the start of a trial into the new year.

The new date means elections on both sides of the border will have been held but Kuebler said that would have little impact on whether Khadr, who turns 22 this week, will actually face trial.

"Omar Khadr's best chance for justice is that the Canadian government does something for him," Kuebler said.

"It really is a question of Canada's basic identity and commitment to its fundamental principles: Is it a country that stands for the rule of law or is it a country that identifies itself as the U.S.'s little brother to the north?"

Prime Minister Stephen Harper has refused to call for the repatriation of the Canadian, the last western citizen held at Guantanamo Bay, something Kuebler called "disappointing."

"We are aware that there is an election campaign ongoing and hope that his issue gets the attention it deserves in that campaign," he said.

Although both candidates for the American presidential vote have pledged to close the infamous Guantanamo Bay prison if elected Nov. 4, Kuebler also expressed doubt that would have any impact on Khadr.

"I'm not optimistic about things resolving themselves appropriately on this side of the border," he said.

"Regardless of who wins, there's going to be enormous political pressure to conduct these trials - at least the ones that are already in progress."

Khadr's lawyers are trying to gain access to a witness to cast doubt on whether Khadr threw the grenade. They also maintain he was a child soldier at the time of the incident and can't be held responsible for what happened.