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Supreme Court Smackdown of Harper.. again

One would almost think the Supreme Court is getting tired of the Conservative government’s vendetta against Omar Khadr:

The country’s top court swiftly dismissed the Conservative government’s latest attempt to see former Guantanamo Bay prisoner Omar Khadr dealt with as a hardened offender deserving of more time in an adult federal penitentiary. It was a rare judgment issued from the bench that came after little more than two hours of oral argument on Thursday. And it is the third time that Ottawa has lost in matters involving Omar Khadr at the Supreme Court of Canada…At the end, the high court upheld an earlier ruling of the Alberta Court of Appeal, […]


Worth repeating on the Supreme Court Senate ruling

As those of you who follow politics in Canada know, the Supreme Court of Canada told Stephen Harper on Friday that if he wanted to either reform (7 provinces/50% of pop) or abolish (unanimity + Senate agreement) the Senate, he needed to do something he hates doing – build a consensus with the provinces.

That ruling led him to petulantly declare that any meaningful reform or thoughts of abolition of the Senate was dead, and that the SCOC had ruled in favour of the status quo that no one wanted.

That led Athlia Raj, who is a correspondent at Huffington Post Canada, to say a series of tweets on Twitter […]


Thought on the Supreme Court panel process

I didn’t get a chance to address this when it came up the last week and a bit, but I wanted to say that the MP panel that “questioned” Harper’s Supreme Court nominees seems to me to be a big waste of time and taxpayer money. It could possibly be my reaction to some of the questions that were lobbed the nominees way – not just by the government MP’s but the opposition MP’s as well – but overall, if the panel has no power in objecting to the judges and say, voting to reject them, I don’t see the point in it.

Does that mean I want the […]


The Canadian Supreme Court rejects Conservative ideology for facts.

Not only am I pleased with the Insite ruling, I’m pleased it’s unanimous, in a strong rebuke to the Conservative government, who’s been trying to close this since 2008:

A supervised needle injection site for heroin addicts in Vancouver has gotten a constitutional reprieve following a landmark ruling Friday by the country’s top court. In a decision that sharply pits the court’s view of a coherent drug strategy against the Conservative government’s, the Supreme Court of Canada ruled 9-0 that the federal government cannot refuse to extend a legal protection to addicts and clinical health workers at the InSite clinic in Vancouver’s gritty Downtown Eastside who would otherwise be […]


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 […]


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 […]


1 part fundraising move, 1 part ideology = Harper’s stance on Omar Khadr (& other matters)

There’s a column in the Star today from Professor Errol Mendes, who teaches constitutional and international law at the University of Ottawa, on the background of the Omar Khadr case as it has wound through the Canadian courts. There is also an observation or 2 from Professor Mendes about Stephen Harper being offside with the court decisions, and he lists a reason about why he thinks Harper continues to oppose asking for repatriation, and why he potentially will appeal the latest 2-1 Federal Appeals Court ruling against him ordering him to ask for Omar Khadr’s repatriation to the Supreme Court of Canada:

The rulings by the Canadian Supreme Court in […]


The Supreme Court of Canada agrees to rule on Gitmo’s legality under international law.

Well, this was rather unexpected and big news this morning. This is a front page story in the Toronto Star in today’s edition. As you might know, Omar Khadr is the last remaining Westerner to be held in Guantanamo. He has been held there since 15, without charge or trial – for 6 years. Khadr’s lawyers are already going to be arguing this week in court whether or not they are allowed to gather evidence from the government of Canada that could help in his defence at Guantanamo, and whether or not Canadian officials who travelled to the base to interrogate him in 2003 and 2004 breached his constitutional rights.However, […]

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