Tuesday 11 July 2017


"The Supreme Court of Canada was unequivocal in 2010 in finding a breach of Khadr�s charter rights, but the former Conservative government under Stephen Harper refused to demand his repatriation as other western countries had done for their citizens."

The Harper Government engaged in an additional nine legal disputes after the Supreme Court decision. Seven years later a settlement agreement was made rather than take a certain loss,

Khadr settlement far from unprecedented; U.K., Australia made similar deals



Omar Khadr is shot three times in a battle with American troops in Afghanistan. He loses the sight of one eye. He is captured and sent to Guantanamo, Cuba, accused of killing an American soldier with a grenade
                In this format from TIMELINE Key events in the Omar Khadr case

2004: Khadr files a civil lawsuit against the federal government.
                In this format from Omar Khadr's legal odyssey, from Guantanamo Bay to apology

>>>01>>>>>Aug. 10, 2005 (COURT CASES)

A Federal Court judge rules that the Charter of Rights and Freedoms extends to Omar Khadr,

Oct. 28, 2008

Khadr lawyer Nate Whitling tells a Canadian federal court that Prime Minister Stephen Harper has an obligation to demand the repatriation of Omar Khadr because Canada was complicit in his torture.

Government lawyers argue that the government had nothing to do with any mistreatment.

>>>02>>>>April 23, 2009

Federal Court Justice James O'Reilly rules in favour of Omar Khadr's charter challenge of the Canadian government's decision not to request his repatriation

June 23, 2009

Federal lawyers file an appeal of the court ruling that ordered the government to seek Omar Khadr's return to Canada from Guantanamo Bay.

>>>03>>>>Aug. 14, 2009

The Federal Court of Appeal upholds a ruling that orders the Canadian government to press for Omar Khadr's return from the Guantanamo Bay detention centre.

Nov. 13, 2009

Omar Khadr will be transferred from Guantanamo Bay to the United States, where he will face terrorism charges in a military commission, The Associated Press reports. Ottawa meanwhile presents its case at the Supreme Court of Canada, appealing a Federal Appeal Court decision to uphold a lower-court ruling that required the federal government to try to repatriate Khadr.

>>>04>>>>Jan. 29, 2010

The Supreme Court of Canada has overturned lower-court orders that the Canadian government must try to return Omar Khadr to Canada from the U.S. military prison in Guantanamo Bay � even though the court agrees his human rights have been violated and continue to be violated by Canadian officials.

>>>05>>>>July 5, 2010

The Federal Court of Canada gives the federal government seven days to come up with a list of remedies to its breach of Omar Khadr's constitutional rights.

Oct. 25, 2010: Amid talk of an agreement, Khadr changes his plea to guilty on all five counts; gets opportunity to apply for a transfer to a Canadian prison after one year in a U.S. facility.

April 18, 2012

Ottawa receives an application from Khadr officially requesting a transfer to Canada from Guantanamo Bay.

>>>06>>>>July 13, 2012

Lawyers file a notice of application in the Federal Court to ask it to review why Canada was delaying Khadr's repatriation.

Sept. 29, 2012: A U.S. military airplane brings Khadr back to Canada. He is transferred to the Millhaven Institution near Kingston.

April 28, 2013: Khadr's lawyer announces he plans to appeal the terrorism convictions.

>>>07>>>>Dec. 18, 2013: A Federal Court judge rules Khadr's lawyers need to rework his civil lawsuit against the federal government, despite the government's arguments that Khadr's request to amend his lawsuit should simply be tossed. Khadr's proposed new claim seeks $20 million for Canada's alleged violation of his rights.

>>>08>>>>July 2014

The CBC, the Toronto Star and documentary producer White Pine Pictures take the federal government to court to ask that Omar Khadr be allowed to be interviewed by media for the first time. Khadr has been willing to talk, but Correctional Service Canada and Public Safety Canada have repeatedly blocked media access.

>>>09>>>>July 8, 2014

The Alberta Court of Appeal rules that Omar Khadr should be serving his time in a provincial facility and must be transferred from federal prison. The federal government is appealing the ruling to the Supreme Court of Canada.

>>>10>>>>Oct. 23, 2014: A Federal Court judge rules that Khadr should be allowed to claim the Canadian government conspired with the Americans to torture him and breach his rights. The ruling allows him to significantly expand his $20-million lawsuit against Ottawa.

December 2014: The Supreme Court of Canada decides to hear the federal government's challenge of Khadr's youth status. Khadr had already agreed to remain in federal prison despite a prior ruling by Alberta's top court in July that he should be moved to a provincial facility.

January 2015: Khadr seeks bail pending disposition of his appeal in the United States against his disputed conviction for war crimes.

March 17, 2015

The federal government says Canadian courts don't have the authority to grant Omar Khadr bail before his American legal proceedings are final. Even if they do have the power, the federal government says the courts should refuse to release him.

>>>11>>>>>April 24, 2015: An Alberta judge grants bail to Khadr. The decision was made at a hearing scheduled in Khadr's application for bail pending the outcome of his appeal in the U.S. of his conviction for war crimes. The federal government appeals the bail decision.

>>>12>>>>May 7, 2015: Alberta Court of Appeal Justice Myra Bielby ordered Khadr released on bail, turning down the federal government's request for a stay.

>>>13>>>>May 14, 2015: The Supreme Court rejects government efforts to have Khadr ruled an adult offender and says he should be in a provincial jail.


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