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Call for Omar Khadr’s Return Heating Up Again

It has been a number of months since we have blogged about Omar Khadr. The Canadian government promised his return a number of months ago, but they are now delaying. Senator Roméo Dallaire is running a petition online via the website: The case of Omar Khadr—a Canadian citizen and former child soldier—is a stain upon our society and shows a blatant disregard for Canada’s obligations under international law. … After years of dragg...
Posted in: Miscellaneous, Substantive Law

The Legal Basis for Omar Khadr’s War Crimes Appeal

The legal team for Omar Khadr announced yesterday that they intend to appeal his plea bargain before the military commission at Guantanamo Bay. Khadr is currently serving out his eight-year sentence at Millhaven Institution near Kingston, Ontario. Khadr is eligible for parole this summer. The appeal would be to an American domestic court, the U.S. Court of Appeals for the District of Columbia Circuit, and if successful would result in Khadr bein...
Posted in: Substantive Law: Foreign Law

Continuing Efforts to Bring Omar Khadr Home

Canadian citizen Omar Khadr is the only Western national left in Guantánamo Bay. Khadr and fellow detainee Mohammed Jawad are believed to be the first child combatants ever to face prosecution of alleged “war crimes”. Khadr was only 15 years old when he was captured by US forces in Afghanistan and later transported to the infamous US detention centre where he has now spent more than a quarter of his life. Khadr faces trial by US mil...
Posted in: Education & Training: CLE/PD, Miscellaneous, Substantive Law

Friday Release for Prime Minister of Canada Et Al. v. Omar Ahmed Khadr

The Supreme Court announced this morning that it would release Prime Minister of Canada et al. v. Omar Ahmed Khadr on Friday morning. Mr. Khadr, a Canadian citizen, was taken prisoner in Afghanistan when he was 15 years old and has been detained by U.S. Forces since 2002 at Guantanamo Bay, Cuba, where he is currently facing murder and other terrorism‑related charges. During his detention, Mr. Khadr was given no special status as a minor. He was...
Posted in: Legal Information, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Federal Court Decision on Khadr

Yesterday’s Federal Court decision of Mr. Justice O’Reilly, Omar Ahmed Khadr v. The Prime Minister Of Canada, The Minister of Foreign Affairs, The Director of the Canadian Security Intelligence Service, and The Commissioner of the Royal Canadian Mounted Police 2009 FC 405, is available in PDF. [3] I am satisfied, in the special circumstances of this case, that Mr. Khadr’s rights under s. 7 of the Charter have been infringed. I will g...
Posted in: Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

CBA Calls for Repatriation of Omar Khadr (Again)

...l Court of Canada decision, the Canadian Bar Association have again urged the Prime Minister to repatriate Omar Khadr. This time, they have addressed the plea to the U.S. President as well. From the CBA’s April 24th press release: The CBA, which earlier this year called for Mr. Khadr’s repatriation following President Obama’s order to close Guantanamo Bay, is urging the two governments to immediately expedite the return of Mr. Khadr to face...
Posted in: Legal Information, Miscellaneous, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Thursday Thinkpiece: Roach on Terrorism Prosecutions in Post-9/11 Canada

...e terrorism charges as opposed to those of assaulting and uttering threats against his estranged wife. (ii) The Khadr Case The Abdullah Khadr case is another example of someone held in lengthy pretrial custody without ever being convicted. He was indicted for material support of terrorism in the US and was subject to four and a half years of detention before proceedings to extradite him were stayed. The judge on the first bail review held that th...
Posted in: Thursday Thinkpiece

CBA Calls for Repatriation of Omar Khadr

...dian Bar Association President Guy Joubert sent a letter to Prime Minister Stephen Harper (PDF) asking for Omar Khadr to be repatriated to undergo judicial process here in Canada. From the CBA letter: Mr. Khadr has already spent six years in pre-trial custody. The U.S. has had ample opportunity to bring its processes into compliance with the tenets of the Rule of Law and its international obligations, and to try him. Once Mr. Khadr is repatriated...
Posted in: Miscellaneous, Substantive Law, Substantive Law: Foreign Law

Webcast of Khadr Hearing at Supreme Court

The Supreme Court of Canada is hearing Prime Minister of Canada, et al. v. Omar Ahmed Khadr tomorrow, November 13 — a Friday the 13th, as it happens. There is a webcast of the hearing scheduled to begin at 9 a.m. EDT. You can read the SCC Case Information Summary to get a quick overview of the matter. The appellant’s (i.e. government’s) factum is online [PDF], as is that for Khadr [PDF]. The appeal is from a judgment of the Fed...
Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Khadr and the Depravity Scaler

I’m following Omar Khadr’s sentencing hearing via Carol Rosenberg’s tweets. She’s a Miami journalist who has covered Guantanamo longer than any other reporter. The “jury” of U.S. military officers is engaged in the business determining the appropriate sentence for Mr. Khadr, who has pleaded guilty to five serious offences in this… curious process. As of half an hour ago, a forensic psychiatrist, Michael Weiner...
Posted in: Miscellaneous

USA vs. Khadr – Judicial Quote of the Decade

...tely unplanned, the Ontario Court of Appeal released a timely decision on Friday in United States of America v. Khadr dealing not with the more infamous Omar Khadr, but his brother, Abdullah Khadr, on extradition proceedings seeking to have him turned over to the United States. In the unanimous decision denying the extradition, Justice Sharpe stated what could be the most pertinent judicial statement on the topic, not just for international law,...
Posted in: Substantive Law: Judicial Decisions