Quote: Originally Posted by Tyler
Can someone provide one legal reason how the Canadian government can refuse to seek Omar Khadr's repatriation?
The Federal Court of Canada and the Court of Appeals had already concluded that the government has the obligation to seek his repatriation. Although the Supreme Court has stopped short from asking that, it agreed that Khadr's rights have been violated.
Us, laymen, can argue about what rights he waived, and how guilty he is, etc... etc... but at the end of the day, it's been concluded by the judicial branch that his rights have indeed been denied.
What legal reasoning does our government have to refuse to do what's right? Is the government blatantly violating the Charter just because they can?
Canada Does Not Guarantee Canadian Rights and Freedoms | Blables.com (external - login to view)
The decisions of the lower courts are irrelevnt, because they were overturned by the Supreme Court.......so that is the ONLY decision, as far as the law is concerned.
The Court indeed did conclude his rights had been violated.....but only by the fact Canadians interogated him without giving him full benefit of his legal protections under Canadian law........they did NOT say his rights under the Charter were violated by Canada not seeking his release......correctly deciding that would be delving into foreign affairs, which is simply not their jurisdiction.
Therefore, the gov't is NOT violating the Charter..........simple as that.
That said, I think the gov't should quietly seek his release, then sneak him back into Canada to avoid the inevitable sign-waving morons giving him a hero's welcome at the airport....I have some sympathy with the depiction of him as a child soldier......and the Americans ARE denying him his rights under their Constitution.......