THIS DAY AT LAW
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Saturday, January 29, 2011

Canadian court refused to order Khadr repatriation

On January 29, 2010, the Supreme Court of Canada ruled that while the treatment of Canadian Guantanamo Bay detainee Omar Khadr violated his rights, the government does not have to press for his return to Canada. In a unanimous decision, the court ruled that the interrogation of Khadr by Canadian officials while in detention violated section 7 of the Canadian Charter of Rights and Freedoms. According to the ruling, Canadian officials questioned Khadr, who was captured at age 15, even though they knew he was being indefinitely detained. The court said that forcing the government to press for his return was not an appropriate remedy, finding that the court would overreach its authority by not respecting the power of the executive to act on issues of foreign affairs.



Learn more about Omar Khadr and Guantanamo Bay from the JURIST news archive.




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