Omar Khadr has been repatriated to Canada from the U.S. detention facility in Guantanamo Bay, Cuba. Khadr arrived at 7:40 AM EST, September 29, 2012, and will serve out the remainder of his sentence in Canada, pursuant to a plea bargain entered into between Khadr and U.S. prosecutors in 2010. In an official statement, the […]
In light of the Omar Khadr affair, this post will provide a brief overview of the royal prerogative power over foreign affairs. As discussed in previous posts on TheCourt.ca (here, here, here and here), the Supreme Court of Canada’s ("SCC") interpretation of the government’s prerogative over foreign affairs limited the judiciary’s ability to force the […]
On April 23, Justice O’Reilly of the Federal Court in Vancouver ordered the federal government to request the repatriation of Omar Khadr in Khadr v. Prime Minister of Canada 2009 FC 405. Following an earlier decision from the Supreme Court in Canada v. Khadr 2008 SCC 28 O’Reilly found that Canadian officials had been complicit […]
“Development of violence among the colonized people will be proportionate to the violence exercised by the threatened colonial regime” Frantz Fannon A lot of ink has and is being spilled on upholding the legal rights of Omar Khadr in the face of the American extra-legal war on terror. Khadr has to come home to save […]
Omar Khadr, the Toronto-born, Canadian citizen currently being detained at the infamous Guantanamo Bay prison, will be given the attention of the Supreme Court of Canada this week. The Canadian government is appealing an order of the Federal Court of Appeal, Khadr v. Canada (Minister of Justice), 2007 FCA 182. Because this case has national-security […]
Omar Khadr is the only Canadian citizen detained at the U.S. military prison in Guantanamo Bay, Cuba. Last week, the Supreme Court decided to hear the Crown’s appeal of a Federal Court of Appeal ruling that may provide Mr. Khadr with access to documents held by the Canadian government regarding the charges he faces before […]
Omar Khadr’s journey through this country’s various courts will continue in May when the Supreme Court of Canada (“SCC”) holds a hearing for the appeal of Khadr v Edmonton Institution, 2014 ABCA 225. Unlike earlier legal proceedings involving Khadr, this appeal is relatively less complex. The issue essentially boils down to whether Khadr should have […]
On September 30th, Prime Minister Stephen Harper announced his sixth nomination to the Supreme Court of Canada (SCC). His pick, Justice Marc Nadon, replaced Justice Morris Fish—a Chrétien appointee and accomplished criminal law jurist. Justices LeBel and Abella are the only remaining Liberal appointees, though Justice Rothstein was short-listed by a committee convened by the […]
They Don’t Want Him and Neither Do We: Omar Khadr’s Continuing Canadian Transfer Issues The story of Omar Khadr, the Canadian who was captured by U.S. troops in Afghanistan in 2002 as a 15-year old boy, and subsequently accused of being a terrorist, is familiar to many Canadians by now. Equally resonant in the nation’s public […]
