Khadr Decision F

Jesse:
I've just read the decision of the Federal Court of Appeal in Canada (Prime Minister) v. Khadr. Two judges upheld the decision of the Federal Court that the federal government had to request Mr. Khadr's repatriation; the other dissented. Here's the Globe's report.

I'm sure there will be an appeal, and, frankly, I think the majority has an underpants gnomes problem. Relying on a 2008 Khadr decision of the SCC holding that Mr. Khadr was entitled to disclosure of documents Canadian officials obtained through participating in a process that violated international human rights law, the judges (a total of three of four now) involved in this process have said that since Mr. Khadr's Charter rights were engaged by Canadian officials interference, the government now has to request Khadr's repatriation. I think there's a real gap there which did not exist in Khadr 2008. To illustrate, let me show of my charting abilities once again.

Since Canadians abetted an illegal process Canadians abetted an illegal process

And GOC has related documents ???

Therefore We order disclosure of those documents We order the government to request Khadr's repatration

I think there's a big problem there. To be clear; I absolutely think Khadr should be repatriated. I'm willing to consider that there might be a good way to make the legal case that the courts should require it. I'm not sure that this is that good legal case.

It turns out it's kinda hard to deal with a government that's so ridiculously out of line. It should be so painfully obvious that Mr. Khadr should be repatriated, this shouldn't be an issue. Questions of courts making orders involving foreign affairs should be hard cases, not easy ones.