"AT THIS POINT" - SCC 2 Exec: Last Chance

Having read the Khadr decision it's clear that the Court is asking the Govt to seek appropriate remedy, quickly, or the next application it hears, re. Govt's non-compliance, will force it to do something it doesn't want, and order executive to repatriate. They have been as restrained as they can be, far too much, in my view: should have required immediate repatriation. Still, the message is, either you negotiate Khadr a fair hearing in a respectable court in USA [EFL noted implication: where we all know the treatment he's suffered means the case against him will be dismissed, & he'll be coming home, just later], or you bring him home now-ish, so he can receive justice from, and be under the protection of, Canadian courts, if necessary. But he's in the right, you're in the wrong, you know it, we've confirmed it, so live up to your obligations, or we will have to act, and we'd rather not mess with what we view as Executive prerogative [EFL disagrees: it's not a foreign policy matter, however much smoke & mirrors, it's simple straightforward human rights question, but anyway, judges eh?, whattya gonna do?]

These days, given Harper's conduct, all questions are ending up Executive vs. The World, or Executive Sticks. If buddy would just follow laws, conventions, rules, guidelines, precedents, principles & common sense, eh? But buddy won't, he just won't. So, all together: Harper Must Go!


Noted, 45-47

"We do not know what negotiations may have taken place, or will take place, between the U.S. and Canadian governments over the fate of Mr. Khadr." (...)
(...)
"his legal predicament continues to evolve."
(...)
"During the hearing of this appeal, we were advised by counsel that the U.S. Department of Justice had decided that Mr. Khadr will continue to face trial by military commission, though other Guantanamo detainees will now be tried in a federal court in New York (EFL underlining). How this latest development will affect Mr. Khadr’s situation and any ongoing negotiations between the United States and Canada over his possible repatriation is unknown. But it signals caution in the exercise of the Court’s remedial jurisdiction."

"the proper remedy is declaratory relief"

"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."