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The Khadr ruling

Basically, the Supreme Court has split the middle with it’s ruling on Khadr; his Charter Rights have been violated and continue to be violated, but they’ve ruled that for now (I say “for now” because some media are reporting that the ruling states that the SC may act in the future to provide the remedy if the government fails to act) , it’s up to the Government of Canada to provide a remedy for that, and they won’t force the government to call for Khadr’s repatriation, even if that’s considered a good remedy (As stated at his Twitter page by one of the reporters covering this, the Supreme Court provided a legal framework in its ruling directed at the Government of Canada that it may decide what to do to remedy Khadr’s charter violations).

Personally, even though the SC has more or less said that doing nothing here is not a option, I’m not so sure that Harper and company will interpret it that way. I believe the only way there will be action on this is if a) the SC really did reserve its right to act in the future to remedy Khadr’s situation, if the government won’t, or b) a change of government occurs.

UPDATE: Or of course, c) if the Obama administration decides to release him back to Canada – from that piece in the Globe:

..the Obama administration has hinted it might revisit the case if the Supreme Court were to rule against Mr. Khadr’s repatriation.


4 comments to The Khadr ruling

  • Some future Canadian government will have to pay Khadr even more millions than Harper paid Arar. Harper consistently puts ideology over common sense and the law, regardless of the financial and ethical cost.

  • If Harper and his Harpies continue procrastinating or simply refuse to act, methinks SCOC will not take kindly such an afront to their ruling. Expect then a follow up SCOC’s order to repatriate Omar Khadr. It’s up to the Harper government to risk being so humiliated, or not …

    I’m betting on the 7th principle of incompetence and predict that a SCOC’s order will be necessary in the end.

  • foottothefire

    There are some constraints on Harper on this one but it sure is likely to embolden him and, if anyone would be inclined to ignore the law it would be a man ignorant of the law…damn, you may be right; Canadians may be in trouble here. Khadr? He was lost a long time ago.

  • There is no cause for optimism here. Effectively the SCC said, “Yup. Khadr’s Charter rights are being violated every day. You really should do something about that. Tsk, tsk.”

    All power to the PM as the SCC goes supine. I shudder to think what would have happened to Abousfian Abdelrazik if the government had appealed the decision of the Federal Court to that gonadless bunch.

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