Comments on: Canada’s attitude towards Khadr remains unclear http://www.thecourt.ca/2008/05/26/canadas-attitude-towards-khadr-remains-unclear/ The Court is the online resource for data and debate about the Supreme Court of Canada. Fri, 10 Feb 2012 22:34:40 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: John http://www.thecourt.ca/2008/05/26/canadas-attitude-towards-khadr-remains-unclear/comment-page-1/#comment-112447 John Tue, 16 Dec 2008 03:59:17 +0000 http://www.thecourt.ca/2008/05/26/canadas-attitude-towards-khadr-remains-unclear/#comment-112447 While the court could have gone further in saying that Canada has an obligation to its nationals whose human rights are being violated, that would be creating a norm and not reflecting a current norm. Restated, Canada has no obligation to Mr. Khadr, though the courts could have developed one relying on international law jurisprudence. Espousing a claim on behalf of a citizen is a matter discretion for the executive. Transferring a fugitive from one state to another is a matter of diplomacy. Please correct me if I am wrong as I agree that I ought to be wrong in a world that values human rights. While the court could have gone further in saying that Canada has an obligation to its nationals whose human rights are being violated, that would be creating a norm and not reflecting a current norm. Restated, Canada has no obligation to Mr. Khadr, though the courts could have developed one relying on international law jurisprudence.

Espousing a claim on behalf of a citizen is a matter discretion for the executive. Transferring a fugitive from one state to another is a matter of diplomacy.

Please correct me if I am wrong as I agree that I ought to be wrong in a world that values human rights.

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