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Conflicted Regulation in the Public Interest

...ies" - albeit theories which seem to be backed up by experience and a consideration of history - as you point out regarding past experience with legal clinics, paralegals, etc., and as we have seen with the treatment of Omar Khadr by successive Liberal and Conservative governments in Canada (IMHO). The problem is not only identifying the issue - which your piece does - but asking whether or not we are engaging in sufficient rational and...
Posted in: Legal Ethics

A Judicial Vision of Canada at 150 and Beyond

...t does not mean that the Court should only side with public support against the political executive. In 2010, the Court wrote in Canada (Prime Minister) v. Khadr, [24] We conclude that Canadian conduct in connection with Mr. Khadr’s case did not conform to the principles of fundamental justice… [25] This conduct establishes Canadian participation in state conduct that violates the principles of fundamental justice. Interrogation of a...
Posted in: Justice Issues, Substantive Law: Judicial Decisions

Wednesday: What’s Hot on CanLII

...government at Guantanamo Bay, Cuba, for over seven years. The Prime Minister asks this Court to reverse the decision of the Federal Court of Appeal requiring the Canadian government to request the United States to return Mr. Khadr from Guantanamo Bay to Canada. [2] For the reasons that follow, we agree with the courts below that Mr. Khadr’s rights under s. 7 of the Canadian Charter of Rights and Freedoms were violated. However, we conclude that...
Posted in: Wednesday: What's Hot on CanLII

Malicious Accusations of Lies Against a Lawyer More Than Opinion

...idavits of the defendants would conclude the defendants equate support for repatriating a Canadian citizen to Canada with vocal support for the Taliban. The plaintiff admits that he has argued in support of repatriating Omar Khadr from Guantanamo Bay to Canada and has criticized the Canadian Government for not doing more to effect this. The basis of the plaintiff's objection is that Mr. Khadr was captured by American Forces when he was fifteen...
Posted in: Substantive Law: Judicial Decisions

The Friday Fillip: A More or Less Random Run

...and left again like the star pupil in a driving school, he made the slow turn. “You’re her lawyer,” he said. “It’s not a friend thing. Not supposed to be, right?” “I know that. But still.” She thought for a moment. “There’s Khadr and Edney.” “Hmm,” said Mitman. This was a difficult example; both of them thought that Edney’s commitment and single-minded persistence were admirable. And then they were at the gravel mine. It was closed off by a...
Posted in: The Friday Fillip

Monday’s Mix

...ary 2016 (nine months from Royal Assets). As set out in Section 2 of the Act, its purpose is to “promote the best interests, protection and well being of child performers”. … Lee Akazaki Dennis Edney’s House Guest Omar Khadr: Could it have happened in Ontario? One of the terms of Omar Khadr’s release pending his lawyers’ appeal of his U.S. convictions is that he must live with his lawyer Dennis Edney and wife Patricia in Edmonton, Alberta....
Posted in: Monday’s Mix

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

...Khadr had been released into the community under the supervision of his grandmother pending his extradition hearing. This case has attracted considerable public attention because of the nature of the allegations against Mr. Khadr and the strength of the evidence connecting him to Al Qaeda terrorists. This is a rare and extraordinary case. If Mr. Khadr were released in these circumstances and then disappeared from the jurisdiction before his...
Posted in: Thursday Thinkpiece

Time to Close Canada’s Worrying, Growing National Security Review and Oversight Gap

...quiry, this time presided by former Supreme Court of Canada Justice Frank Iacobucci, to get to the bottom of the cases and catalogue the long list of deficient Canadian action and inaction that made it all possible. For Omar Khadr it has meant winding through multiple levels of the Canadian court system, ending up twice at the Supreme Court of Canada (a third SCC appeal is scheduled for May of this year). The Supreme Court has ruled unanimously...
Posted in: Justice Issues

Finding More “Meaning” in the Future of Labour Law

...inding, it is the role of the legislature to adopt these obligations, not that of the Court. I find this rationale of the dissent to be most compelling, especially given the Court’s marked deference to the executive in Khadr. The Court’s role is to review and scrutinize executive and legislative decisions, but particularly in circumstances where vulnerable or marginalized populations are at risk. Unions still enjoy widespread public...
Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: Supreme Advocacy

...dismissed.” Leave to Appeals Granted Criminal Law: Impaired Sentencing Lacasse v. R ., 2014 QCCA 1061 (36001) What is the appropriate sentence for impaired causing death (two, two deaths). Criminal Law: Inmate Transfer Khadr v. Edmonton Institution , 2014 ABCA 225 (36081) When can an inmate be transferred from federal to provincial. Criminal Law/Military Law: Fraud R.v. Arsenault , 2014 CACM 8(35946) Are provisions of the National Defence...
Posted in: Summaries Sunday

Citizenship Act Reforms: Unjust and Insecure

...ourt of Canada Justice Frank Iacobucci’s findings in his judicial inquiry into the cases of Abdullah Almalki, Ahmad Abou Elmaati and Muayyed Nureddin. We know that from two Supreme Court of Canada rulings in the case of Omar Khadr. And we know that from a Federal Court of Canada judgment in the case of Abousfian Abdelrazik. Unfortunately the ground has been laid for a renewed wave of suspicion of dual nationals with recent, unprecedented reforms...
Posted in: Justice Issues

Judicial Copying in Reasons for Judgment Isn’t Wrong of Itself

...ogy. And ideology is the deal breaker for anyone interested in justice in all its forms. It is only in the recent past that 7 year olds were not hung for stealing or pickpocketing in England (400 years in the span of time is not long). So goes for the pre-eminence of the Crown, “obey now, grieve later” and the kicker, wages to the end of the line in bankruptcies. Same sort of thing goes for pensions. Then there is “at the time” child Khadr and...
Posted in: Justice Issues, Practice of Law, Substantive Law: Judicial Decisions