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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 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 . . . [more]

Posted in: Substantive Law: Foreign Law

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 dragging its feet, Canada finally agreed to his return in 2010, so long as he served one additional year in Guantánamo. No one forced the government’s

. . . [more]
Posted in: Miscellaneous, Substantive Law

USA vs. Khadr – Judicial Quote of the Decade

We haven’t talked much about the killing of Osama bin Ladin here on Slaw, and there is considerable debate in international law over it. Contrary to what Jonathan Kay has said in the National Post, international law is still relevant, and 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 . . . [more]

Posted in: 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 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. . . . [more]

Posted in: Miscellaneous

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 lorsqu’il sera finalement tenu. Bien que le gouvernement doive disposer d’une certaine marge de manœuvre lorsqu’il décide de quelle manière il doit . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Live Tweeting Experiment of the Khadr Hearing

Although tweeting from a courtroom remains controversial, tweeting the content of a live webcast should be rather conventional, but is still a useful enterprise.

I was in the middle of a take-home midterm when I realized that the Omar Khadr hearing at the Supreme Court of Canada was on CPAC. After a few searches on Twitter, I realized that although people had posted that it was occurring, nobody in the legal community was covering the contents live (or almost live – a Senate broadcast delayed it).

I gave it a go, although the proceedings were well under . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law: Judicial Decisions

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 Federal Court of Appeal: Canada (Prime Minister) v. Khadr, 2009 FCA 246 (CanLII), which in turn was an . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

CBA Calls for Repatriation of Omar Khadr (Again)

Following the April 24th Federal 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 judicial process here.

From the CBA’s letter to Prime Minister Stephen Harper and President Barack Obama (PDF):

We work to promote

. . . [more]
Posted in: Legal Information, Miscellaneous, Practice of Law, Substantive 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 grant his request for an order requiring the respondents to seek his repatriation from the United States. Given my conclusion regarding s. 7, it is unnecessary for

. . . [more]
Posted in: Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions