Monday, July 12, 2010

Khadr court ruling to be appealed by Ottawa



Omar Khadr, shown in this courtroom artist's sketch, attends a hearing at the U.S. naval base in Guantanamo Bay, Cuba, in January 2009. (Janet Hamlin, Pool/Associated Press)


The federal government will appeal the court ruling that ordered it to remedy the breach of Canadian Guantanamo Bay detainee Omar Khadr's constitutional rights.


In a statement Monday, Justice Minister Rob Nicholson announced the government would take a decision by Federal Court Justice Russel Zinn last week to the Federal Court of Appeal.


The statement said the case "raises important issues concerning the Crown prerogative over foreign affairs."


In a separate letter to Zinn on Monday, government lawyers also said they were seeking a suspension of all deadlines to allow the Appeal Court to determine the government's motion.


6 comments:

The Rat said...

And once again we can go to the Supreme Court to find out if judges really are best placed to decide what remedies, or in other words which policies, our elected representatives must pursue in foreign relations. The last time around so many of the progressives thought this was a slam-dunk.

Our government apparently asked that the evidence gained during any breach of Khadr's right not be used and the Americans refused. Now some judge says we must ask for his return. What if they refuse again? Will the judge order we break diplomatic relations next? How about a military raid to recover Khadr? Which one is too far? It's such an easy question, which action ordered by judges would be too much?

CanNurse said...

Read Galloping Beaver today for more relevant into, particularly re Tom Flanagan's illegal public statements today. http://thegallopingbeaver.blogspot.com/2010/07/harper-sends-in-lightweights.html

Anonymous said...

Rat,
How does a 15 year old Canadian born kid become a Foreign Relations issue?
Harper is grossly negligent in his duty to Canadian law in this matter.
Perhaps the judge should simply jail Harper. It is, after all, Canadian law Harper flouts.
Foot'

KC said...

Here is part of what the SCC said on the subject only a few months ago:

Having concluded that the courts possess a narrow power to review and intervene on matters of foreign affairs to ensure the constitutionality of executive action, the final question is whether O’Reilly J. misdirected himself in exercising that power in the circumstances of this case .... If the record and legal principle support his decision, deference requires we not interfere. However, in our view that is not the case.

Our first concern is that the remedy ordered below gives too little weight to the constitutional responsibility of the executive to make decisions on matters of foreign affairs in the context of complex and ever-changing circumstances, taking into account Canada’s broader national interests. For the following reasons, we conclude that the appropriate remedy is to declare that, on the record before the Court, Canada infringed Mr. Khadr’s s. 7 rights, and to leave it to the government to decide how best to respond to this judgment in light of current information, its responsibility for foreign affairs, and in conformity with the Charter.


I really doubt the court takes a different view on the subject now.

The Rat said...

Canada infringed Mr. Khadr’s s. 7 rights, and to leave it to the government to decide how best to respond to this judgment in light of current information, its responsibility for foreign affairs, and in conformity with the Charter.

I agree. The government responded as they saw best. I fully expect that the learned jurists will continue to leave it to the government to decide how best to respond.

(ps. Anony - See? Even the SC says it is a foreign affairs issue. America is a "foreign" country, hence "foreign" affairs).

Anonymous said...

There are over 1000 Canadians in foreign jails yet Morton only seems to care about Mr Khadr.

I wonder why.

Is this terrorist really considered a "hero" for killing an American?

Progressives in Canada despise the USA. That is the reason behind the love affair with Khadr.

There is no other reasonable explanation.