As my colleague James Gotowiec rightly points out, the reasoning of the trial judge in Prime Minister et al v. Omar Khadr, 2009 FC 405, upheld by the majority of the Federal Court of Appeal, is weak and unconvincing. The ratio of the trial judgment can be described as follows: although Khadr is in US [...]

On April 23, Justice O’Reilly of the Federal Court in Vancouver ordered the federal government to request the repatriation of Omar Khadr in Khadr v. Prime Minister of Canada 2009 FC 405. Following an earlier decision from the Supreme Court in Canada v. Khadr 2008 SCC 28 O’Reilly found that Canadian officials had been complicit [...]