Canada government to appeal Khadr repatriation efforts ruling to Supreme Court

[JURIST] The Canadian federal government said Tuesday that it will appeal to the Supreme Court of Canada a Federal Court of Appeal [official websites] decision [judgment, PDF; JURIST report] ordering the government to press for the release and return of Canadian Omar Khadr [DOD materials; JURIST news archive] from the Guantanamo military base in Cuba. The government has filed a motion to stay the lower court ruling pending appeal, and then the highest court will have to decide whether to review the case. The government has maintained its position that due to the serious nature of the charges against Khadr, he should face US military proceedings [CBC report].

Earlier this month, the president of the Canadian Bar Association urged [JURIST report] the Canadian government to seek the repatriation of Khadr, days after the Federal Court of Appeal upheld an April lower court ruling [judgment, PDF, JURIST report] ordering the Canadian government to advocate for his return. The government had appealed the April ruling asserting that the lower court had erred in holding that by not pressing for his release Canadian officials had violated Khadr's rights to "life, liberty, and security" under Section 7 of the Canadian Charter of Rights and Freedoms (Charter) [text]. Khadr has allegedly admitted to throwing a hand grenade that killed a US soldier in Afghanistan, and was charged [JURIST reports] in April 2007 with murder, attempted murder, conspiracy, providing material support for terrorism, and spying.

 

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