Omar Khadr has become the second person to get a firm war crimes trial date at the U.S. military prison at Guantanamo Bay, Cuba.

The Canadian will head to court on Oct. 8, charged in connection with the death of an American soldier during a 2002 battle in Afghanistan. Although a trial has been set, Khadr's lawyers say it may still be changed for a variety of reason or motions.

Khadr, 22, was reportedly in court when the trial date was set Thursday. Earlier this week, his lawyer, U.S. Navy Lt.-Cmdr. William Kuebler, had said he was suffering dizziness and couldn't attend a pretrial. But doctors at the prison said Khadr was in good health.

Khadr's lawyers had also asked for more time to study a recent U.S. Supreme Court ruling, but the judge had rejected the request.

In a narrow 5-4 ruling last week, the court ruled that terrorism suspects held as prisoners at the military base have the constitutional right to challenge their detentions in civilian courts. The judges said prisoners who have been indefinitely held at the prison without charges are being denied their right to go to court.

Critics say the ruling is just the latest in a long list of reasons that the Conservative government should ask Washington to send the Canadian citizen home.

Human rights activists, international legal organizations, and politicians have said Khadr was a child soldier when he was captured -- and that his international rights have been abused by U.S. authorities. He is the last Western prisoner still held at the military prison.

Khadr was captured in 2002 following a firefight with U.S. Special Forces when he was just 15. He was taken to Afghanistan by his father, who had ties to al Qaeda and was killed in Pakistan in 2003.

The Pentagon maintains Khadr threw a grenade during the fight, killing a U.S. soldier. His lawyers have said no one saw Khadr throw the grenade. They note that there is a possibility that friendly-fire may have killed the soldier.

In a separate decision, another military judge slated the trial of Osama bin Laden's alleged former driver for mid-July.

With files from The Canadian Press