The Federal Court of Appeal has upheld a judge’s ruling that ordered the federal government to press for the return of Omar Khadr from a U.S. military detention centre in Guantanamo Bay, Cuba.
The Toronto-born Khadr, now 22, is being held at Guantanamo and is accused of killing a U.S. army soldier with a hand grenade during a gunfight in Afghanistan in 2002, when Khadr was 15. His case remains on hold pending a review of the U.S. military tribunal system by the Obama administration.
9 comments:
Finally.
Off to the SCC we go!
Is the SCC likely to hear this case?
You think Harper would invest all this effort and time in denying Khadr his rights without going to the Supreme Court?
That way, when he loses that appeal, he can tell all of his rabid red-meat base (who apparently believe our government should be border-line authoritarian), he can say, "well.. I tried, but these bleeding heart wimpy judges foiled me".
I see the SCC as possible -- they'd grant leave but the trouble is Khadr will be 50 by the time it's done!!!
Good
Scott - As I've commented on this blog before--tough cases make bad law. A positive s. 7 "duty to protect" is an extremely novel concept, and given that s. 7 has never been a right limited to Canadian citizens only it would be useful for everyone to know what the SCC thinks of that idea.
Having FCTD and FCA judgments on this concept without the SCC weighing in will create huge uncertainty and will be cited by every lawyer under the sun if they think it might help their client.
The evidence against was doctored by a GWB era USA army official.
This case should've thrown out then (2006? I forget when doctored documents came to light).
Dallaire says he was a child soldier. Why are Conservatives going against Dallaire on a Human Rights issue? Does CPC know who Romeo is? Prolly not...
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