Khadr should make us ashamed to be Canadian

[g_bambino]

Yes, and the government is still on the hook for not following it's ruling.

There was nothing in the ruling for the government to follow.

[eyeball]

There was nothing in the ruling for the government to follow.

Sure there was.

A government is expected to take action when the court rules it has violated someone's rights. The remedy requested by lawyers who brought the case to court on Mr. Khadr's behalf is that Ottawa bring their client home for trial. Past governments have not ignored strong declarations from the highest court in the land.

Khadr ruling sees top court clash with Tories

A standoff between the Supreme Court of Canada and the federal government over the repatriation of Omar Khadr has thrust the country into uncharted constitutional waters.

Oh oh, uncharted constitutional waters

These must be queasy times for someone like yourself.

[g_bambino]

The remedy requested by lawyers who brought the case to court on Mr. Khadr's behalf is that Ottawa bring their client home for trial.

Khadr ruling sees top court clash with Tories

Lawyers' requests and court rulings are not the same thing.

Try reading the actual ruling:

[35] The prerogative power over foreign affairs has not been displaced by s. 10 of the Department of Foreign Affairs and International Trade Act... and continues to be exercised by the federal government. The Crown prerogative in foreign affairs includes the making of representations to a foreign government... We therefore agree with O'Reilly J.'s implicit finding (paras. 39, 40 and 49) that the decision not to request Mr. Khadr's repatriation was made in the exercise of the prerogative over foreign relations.

[39] Our first concern is that the remedy ordered below gives too little weight to the constitutional responsibility of the executive to make decisions on matters of foreign affairs in the context of complex and ever-changing circumstances, taking into account Canada's broader national interests. For the following reasons, we conclude that the appropriate remedy is to declare that, on the record before the Court, Canada infringed Mr. Khadr's s. 7 rights, and to leave it to the government to decide how best to respond to this judgment in light of current information, its responsibility for foreign affairs, and in conformity with the Charter.

[43] ...Mr. Khadr is not under the control of the Canadian government; the likelihood that the proposed remedy will be effective is unclear; and the impact on Canadian foreign relations of a repatriation request cannot be properly assessed by the Court.

Canada (Prime Minister) v. Khadr

[eyeball]

Lawyers' requests and court rulings are not the same thing.

Try reading the actual ruling:

I did. Where does it say meeting the request for repatriation would get the government off the hook for illegally depriving Omar Khadr of his Charter rights? I'll save you the time, it doesn't. If anything it appears to say the opposite.

[47]The prudent course at this point, respectful of the responsibilities of the executive and the courts, is for this Court to allow Mr. Khadr’s application for judicial review in part and to grant him a declaration advising the government of its opinion on the records before it which, in turn, will provide the legal framework for the executive to exercise its functions and to consider what actions to take in respect of Mr. Khadr, in conformity with the Charter.

The Supreme Court simply kicked the ball back into the government's...court...and I bet the records before the SC will also form the basis for Omar Khadr's future settlement for the real crimes that were committed against him by our government. I think the best the government could have ever hoped for by meeting the request to repatriate was a little consideration for at least doing something right while it still had the chance.

IV. Conclusion

[48] The appeal is allowed in part. Mr. Khadr’s application for judicial review is allowed in part. This Court declares that through the conduct of Canadian officials in the course of interrogations in 2003-2004, as established on the evidence before us, Canada actively participated in a process contrary to Canada’s international human rights obligations and contributed to Mr. Khadr’s ongoing detention so as to deprive him of his right to liberty and security of the person guaranteed by s. 7 of the Charter, contrary to the principles of fundamental justice.

Costs are awarded to Mr. Khadr.

A tiny taste of of what's to come.

[Guest Peeves]

Wonder how long before there's..

(A) a lawsuit.

( He's on social assistance.

© He gets out and heads for parts unknown where his daddy was celebrated?

Just sayin.

[wyly]

Omar is going to be a very wealthy and free man...

[g_bambino]

Where does it say meeting the request for repatriation would get the government off the hook for illegally depriving Omar Khadr of his Charter rights?

You're the one that said the court demanded the government follow some instruction in its ruling and, after I stated there was no instruction for the government to follow, you countered by raising Khadr's lawyers' requests that he be repatriated.

[eyeball]

You're the one that said the court demanded the government follow some instruction in its ruling and, after I stated there was no instruction for the government to follow, you countered by raising Khadr's lawyers' requests that he be repatriated.

I never said the court demanded anything. You're putting words in my mouth because you seem to have run out of your own.

Wyly's post right above your's hit the nail on the head and I simply pointed out the hammer that will be used, the fact the government deprived Khadr of his Charter rights.

You've had it explained to you more than a few times now why Omar is going to sue the government and win (a 2nd time), but I can't help it if you don't like the answer.

[g_bambino]

I never said the court demanded anything.

There was nothing in the ruling for the government to follow.

Sure there was.

A government is expected to take action when the court rules it has violated someone's rights. The remedy requested by lawyers who brought the case to court on Mr. Khadr's behalf is that Ottawa bring their client home for trial. Past governments have not ignored strong declarations from the highest court in the land.

Khadr ruling sees top court clash with Tories

[eyeball]

Where's the word demanded? It's not in anything I said, it's not in the story we're both citing and it's not in the court ruling either. So where is it?

BTW are you ever going to get around to addressing the ruling that Canada criminally breached Khadr's Charter right's?

[Mr.Canada]

Where's the word demanded? It's not in anything I said, it's not in the story we're both citing and it's not in the court ruling either. So where is it?

BTW are you ever going to get around to addressing the ruling that Canada criminally breached Khadr's Charter right's?

The west keeps him alive when they could've let him die in the field and this is how he repays them for giving him quarter?

[eyeball]

The west keeps him alive when they could've let him die in the field and this is how he repays them for giving him quarter?

It's funny how things just keep blowing back on the poor old west isn't it? Couldn't catch a break if our lives depended on it.

[Mr.Canada]

It's funny how things just keep blowing back on the poor old west isn't it? Couldn't catch a break if our lives depended on it.

It doesn't help when people like you are always against Canada. Why do you even live in this country if you hate it so much?

[eyeball]

It doesn't help when people like you are always against Canada. Why do you even live in this country if you hate it so much?

I'm kinda hoping you'll get your stupid country off my planet actually.

[Mr.Canada]

I'm kinda hoping you'll get your stupid country off my planet actually.

Why not move somewhere else where they think like you do?

[eyeball]

Why not move somewhere else where they think like you do?

I'm an Earthling, there's lot's of people here who think like me.

[Mr.Canada]

I'm an Earthling, there's lot's of people here who think like me.

If you're a Canadian citizen why not turn it in and move elsewhere on Earth?

[eyeball]

If you're a Canadian citizen why not turn it in and move elsewhere on Earth?

Because I can get the best of both worlds here, kinda like Khadr.

[Mr.Canada]

Because I can get the best of both worlds here, kinda like Khadr.

It would really be a shame if your boat sank. Be careful.

[eyeball]

It would really be a shame if your boat sank. Be careful.

Is that supposed to be a threat?

[Mr.Canada]

Is that supposed to be a threat?

How can I threaten a boat? or am I threatening the Pacific Ocean?

You said you're a fisherman and I said be careful out there. Wishing someone good will isn't threatening them where I come from.

[eyeball]

How can I threaten a boat? or am I threatening the Pacific Ocean?

You said you're a fisherman and I said be careful out there. Wishing someone good will isn't threatening them where I come from.

Oh, well, you did just wish someone would murder Khadr so...

You could wire a bomb to my starter button. Apparently even a child can do that.

[Mr.Canada]

Oh, well, you did just wish someone would murder Khadr so...

You could wire a bomb to my starter button. Apparently even a child can do that.

I don't wish anyone dead. I said some kook will probably murder Khadr.

I live in Ontario, I don't know where your boat is and I almost never kill people I meet on Internet forums....lol.

[eyeball]

I don't wish anyone dead. I said some kook will probably murder Khadr.

What kind of a kook?

I live in Ontario, I don't know where your boat is and I almost never kill people I meet on Internet forums....lol.

Well that's a relief.

[Mr.Canada]

What kind of a kook?

Who knows. In Canada probably no one would but if he was in the US he would most certainly be killed imo. A lot more kooks down there then in Canada. He'll be treated as a hero here in Canada.