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Call for Omar Khadr’s Return Heating Up Again

...26, 2010. Constraints on the Press at Guantanamo, by Simon Fodden, Slaw, October 14, 2010. Canada C. Khadr Decision, by Simon Chester, Slaw, January 29, 2010. Friday Release for Prime Minister of Canada Et Al. v. Omar Ahmed Khadr, by Simon Chester, Slaw, January 26, 2010. Khadr Military Commission Prosecution to Continue, by Simon Fodden, Slaw, November 13, 2009. CBA Calls for Repatriation of Omar Khadr (Again), by Connie Crosby, Slaw, May 4,...
Posted in: Miscellaneous, Substantive Law

The Legal Basis for Omar Khadr’s War Crimes Appeal

...eal 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 being released immediately. The international transfer agreement under which Khadr was moved to Canada would no longer require his detention. Khadr’s guilty plea on October 25, 2010 included a confession to killing American Sgt. 1st Class Christopher Speer in 2002 when he was 15 years old; and...
Posted in: Substantive Law: Foreign Law

Continuing Efforts to Bring Omar Khadr Home

...ideo through the website Bring Omar Khadr Back to Canada, a site bringing a number of human rights groups together in an effort to have Khadr repatriated to Canada. Their “call to action” leads to the Amnesty International Canada webpage No Security Without Human Rights. Action by the Lawyers Rights Watch Canada is traced on their Campaign Page for Omar Khadr. Previous posts on Slaw.ca about Omar Khadr are here....
Posted in: Education & Training: CLE/PD, Miscellaneous, Substantive Law

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

...orities. In 2006, after formal charges were laid against him, Mr. Khadr sought disclosure in Canada of, notably, the records of the interviews conducted at Guantanamo Bay. The Supreme Court of Canada ordered the disclosure (“Khadr 2008”). After the information was disclosed, it became clear that when the officials interviewed Mr. Khadr, they were aware that he had been subjected to a form of sleep deprivation, known as the “frequent flyer...
Posted in: Legal Information, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Federal Court Decision on Khadr

...e Rights of the Child, are respected. The respondents did not offer any basis for concluding that the violation of Mr. Khadr’s rights was justified under s. 1 of the Charter. [92] The ongoing refusal of Canada to request Mr. Khadr’s repatriation to Canada offends a principle of fundamental justice and violates Mr. Khadr’s rights under s. 7 of the Charter. To mitigate the effect of that violation, Canada must present a request to the United...
Posted in: Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

CBA Calls for Repatriation of Omar Khadr (Again)

...r to Prime Minister Stephen Harper and President Barack Obama (PDF): We work to promote the Rule of Law and improve the administration of justice in Canada and around the world. It is in this light that we have protested Mr. Khadr’s subjection to the military tribunal process in Guantánamo Bay and called for his repatriation. We take no position on Mr. Khadr’s guilt or innocence. Our concern is that he receive a fair trial in accordance with...
Posted in: Legal Information, Miscellaneous, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

CBA Calls for Repatriation of Omar Khadr

...n proceedings. See the CBA press release (January 26, 2009). The letter references the 141 page report Foreign Policy Practicum 2007-08 (PDF) from the University of Ottawa Faculty of Law, entitled “Repatriation of Omar Khadr to be Tried under Canadian Law: An Overview of the Case Against Omar Khadr and the Prospect of Canadian Criminal Jurisdiction, Brief Submitted to Senate Standing Committee on Human Rights” (January 2008). See...
Posted in: Miscellaneous, Substantive Law, Substantive Law: Foreign Law

Webcast of Khadr Hearing at Supreme Court

...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 Federal Court of Appeal: Canada (Prime Minister) v. Khadr, 2009 FCA 246 (CanLII), which in turn was an appeal from a Federal Court trial decision: Khadr v. Canada (Prime Minister), 2009 FC 405 (CanLII) There are as well ten intervenors: Amnesty International (Canadian...
Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Khadr and the Depravity Scaler

...ining 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 is on the stand testifying as to whether Khadr is dangerous as “a violent jihadist.” The witness claims to have worked for 500-600 hours on the Khadr case, hired by the U.S. Department of Defence. According to Rosenberg: Welner is telling jury about...
Posted in: Miscellaneous

USA vs. Khadr – Judicial Quote of the Decade

...d even more so when the tables are switched. Although it was completely 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...
Posted in: Substantive Law: Judicial Decisions

Canada C. Khadr Decision

Canada (Premier ministre) c. Khadr, 2010 CSC 3, (29 janvier 2010) Le pourvoi etait accueilli en partie. K a droit à une réparation en vertu du par. 24(1) de la Charte. La réparation demandée par K — une ordonnance intimant au Canada de demander son rapatriement — est suffisamment liée à la violation de la Charte survenue en 2003 et 2004 parce que les incidences de cette violation persistent jusqu’à présent et pourraient influer sur son procès...
Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions