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Why is the Justice Dept asking the Supreme Court to quickly decide if they’ll hear the Khadr case or not?

Very interesting news today about the Omar Khadr case and the government’s decision to appeal to the Supreme Court; it appears some people’s suspicions (including me) about the government filing this appeal to stall on acting on Khadr may have been incorrect; the government is asking the SC to speed up a decision from them on whether or not to hear the case:

In an unusual move, federal lawyers swiftly filed written arguments to the Supreme Court of Canada yesterday, and asked for an expedited decision from the judges on whether to allow an appeal to proceed. A hearing is not automatic…Even Khadr’s Canadian lawyers were surprised by how quickly Ottawa has moved.

So why the speed-up? Here’s a theory I have:

Harper ordered his Justice Dept to request the Supreme Court to expedite their decision on whether they want to hear the case of Khadr or not, in the hopes that they’ll actually decline hearing it and deferring to how the Federal Court rules on the issue. If that were to happen, Harper would have to comply with the 2 Federal Court’s decision and order to the government to request to the US that Khadr be repatriated, but because the Supreme Court didn’t formally hear the case and rule on it – the final judicial authority of law in this land, and a case which Harper and the Conservatives may very well lose, if it goes to the SC – he still has that option to go back to the Supreme Court to argue it all over again if this scenario were to ever happen again.

Is that theory out to lunch? Perhaps. But, I’ve seen it in other instances. No one really seems to know how Harper wants this all to play out – even members of his own Conservative Party aren’t sure why he’s acting the way he is towards Khadr – so my “half-baked theory” is as good as any.


5 comments to Why is the Justice Dept asking the Supreme Court to quickly decide if they’ll hear the Khadr case or not?

  • kwittet

    Why should we care so much about Omar Khadr and the Khadr family?

    Well first off PM Jean Chretien paid a personal visit to Omar Khadr’s father, a terrorist, who was in prison in Pakistan where/when Chretien saw to it that your tax dollars went to release a terrorist who hated Canada but liked the medical system.
    Omar’s mother said ‘live’ on camera that her family are supporters of AL-QAEDA . Guess what, she was given first class plane ticket to return to Canada by Jean Chretien, she also made that same statement on CTV.
    Omar khadr on 60 minutes made a vow to his brother that when he is released from prison, he will take revenge on the AMERICANS.
    THE LIBERAL PARTY OF CANADA were in government at the time when OMAR was arrested and did nothing about it. The liberals like their beloved MSM are cowards to admit that they are the ones who left OMAR in prison since 2002 when the conservatives when in opposition.(and harper has dropped the ball also) I still say our govt should be forcing the americans to have a trial THERE. Not here.

    • @kwittet,

      Blah, blah blah… he was a kid, captured in proximity of a killing and then tossed in a gulag without charge or trial for 6+ years where he was abused and tortured, with the complicity of CSIS and both the Liberals and Conservatives. Given that, wouldn’t you vow revenge if put in his spot? Not that I believe you – provide a link to prove this assertion or STFU, liar.

      He can’t get a fair trial in Gitmo any more than Solzhenitsyn could get a fair trial in Siberia.

      You, sunshine, are an ignorant fascist.

    • Luke

      I.e. guilt by association with his parents, is your approach.

      I don’t think Canadians want such a “justice” system.

      Besides, he was a child soldier and we signed an international treaty in that respect.

      Furthermore, in Canada accused persons get 2 days credit for every day in pretrial detention. So even if Omar was found guilty of second degree murder (? when you are attacked by soldiers?) by an objective (!!!) court he would have been eligible for parole some time ago.

      As I wrote elsewhere, it’s not primarily about Khadr. It’s mainly about us and what kind of society we wish to live in.

  • KC

    Not a bad theory at all. The old adage is that “tough cases make bad law”. If you don’t like the idea that a “duty to protect” is a principle of fundamental justice, and you don’t like the court ordering the government on how to conduct foreign affairs the Khadr case may be the wrong facts to take to the SCC. The court may want to help Khadr and find the legal principles to do so.

  • Gayle

    1. Wants to give Khadr’s counsel less time to prepare, or
    2. Does not care if he loses because if he does then Harper v “liberal courts” helps him raise more money, or
    3. Asking for an expedited hearing means it is more likely a stay of the FCA order will be granted (and this one I think is probably true).

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