The Supreme Court handed down its decision in Canada (Prime Minister) v. Khadr (2010 SCC 3) on Friday, which may have prompted a call to Omar Khadr from his lawyers telling him, “So close, and yet so far…”
TheCourt.ca covered Khadr’s case back in September 2009, before it was argued at the Supreme Court. (See my [...]

TheCourt.ca is pleased to present this piece from John H. Currie, Associate Professor at the University of Ottawa’s Faculty of Law, commenting on Canada v. Khadr, 2008 SCC 28. Our past discussion on the 2008 Khadr decision can be found here.
On May 23, 2008, the Supreme Court released a judgment addressing the applicability of the [...]

The Globe and Mail and Toronto Star have recently commented on reports that Governor General Michaëlle Jean advised the Prime Minister to repatriate Omar Khadr. The original story appeared in La Presse on September 26, 2008.
It must be emphasized that the veracity of these reports remains to be seen. However, if true, they raise several [...]

Yesterday marked another significant delay in the trial of Omar Khadr before a U.S. Military Commission. Despite this, it is virtually certain that our Prime Minister will continue to refuse to take any action to help secure Khadr’s release. Why is that? The answer, as one might expect during a federal election, is pure [...]

The Supreme Court in Canada v. Khadr 2008 SCC 28 was faced with a fascinating situation which afforded the Court an opportunity to assess the relationship between a citizen and his government on the one hand and the relationship between the government and her foreign sovereigns.
A brief background is necessary to situate [...]

The Supreme Court’s decision in Canada v. Khadr, 2008 SCC 28, last week can best be described as “arms-length jurisprudence.” (A more detailed analysis of the decision from TheCourt.ca can be found here.) Although the Court found for Mr. Khadr, they did so in a manner that can only be described as tentative or even [...]

Omar Khadr has fought and is fighting many battles, and one such has been in his country - suing Canada for interview records that the Canadian authorities conducted with him in Guantanamo Bay and handed to the U.S. authorities. The Supreme Court of Canada - allowing great reservations to those ever-so-illusive national security concerns - [...]