Friday, September 04, 2009

Khadr appeal will go to Supreme Court

The Harper government gets its wish. The Supreme Court grants the government leave to appeal and will hear the Khadr case on November 13th:
Prime Minister of Canada et al. v. Omar Ahmed Khadr (F.C.) (Civil) (By Leave) (33289)

(The application for leave to appeal and the motion to stay the order of the Federal Court of Appeal and to expedite the hearing of the appeal are granted without costs. The appeal is to be heard on November 13, 2009, and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. /
Back to waiting mode, very disappointed with this news. Particularly when the government's move to appeal to the Supreme Court has been roundly criticized and the 2008 Khadr judgment by the Supreme Court was a strong judgment in favour of Khadr.

Given the high profile nature of the case though, it may be that the Court wanted to have the final word here and not leave it at the Court of Appeal judgment. Whether they use the opportunity to clarify to what extent a government owes a "duty to protect" Canadian citizens overseas or whether this is about what remedy can be imposed on the government, guess we'll have to wait and see. It would be a sweet thing though if the Court were to end up rendering a judgment that Mr. Harper comes to regret.

Unfortunately, Khadr remains at Guantanamo in the interim, sitting there while the Obama administration is seeking to wind it down. And Harper "wins" another punt down the road of the Khadr case in his bid to do exactly nothing on this file.