Canada (Prime minister) v. Khadr – Protecting the Rights of Canadians Abroad

Partner Organizations: Human Rights Watch, Asper Centre for Constitutional Rights

The IHRP was an intervener in both of the Khadr cases before the Supreme Court of Canada. In Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125, the Supreme Court found that the regime in place at Guantanamo Bay constituted a clear violation of Canada’s international human rights obligations, and, under s. 7 of the Canadian Charter of Rights and Freedoms.

Read the Interveners’ Factum in Canada (Justice) v. Khadr.
Read the Supreme Court of Canada’s Decision in Canada (Justice) v. Khadr.
Learn more about Human Rights Watch, and the Asper Centre for Constitutional Rights

After repeated requests by Khadr that the Canadian government seek his repatriation, the Prime Minister announced his decision not to do so. Khadr appealed this decision through the Canadian courts. In Canada (Prime Minister) v. Khadr, [2010] 1 S.C.R. 44, the Supreme Court of Canada found that Khadr had a right to a remedy under s. 24(2) for the violation of his Charter rights by the Canadian government. However, the Supreme Court left determination of the appropriate remedy up to the Canadian government.

Read the Intervener’s Factum in Canada (Prime Minister) v. Khadr.
Read the Supreme Court of Canada’s Decision in Canada (Prime Minister) v. Khadr.

In 2008-2009, two IHRP students, Tony Navaneelan and Kate Oja, travelled to Guantanamo Bay to observe Omar Khadr’s pre-trial. The students produced a pre-trial observation report detailing the pre-trial process and exploring the failure of the military commissions to comply with fair trial standards.

 Read the IHRP Pre-Trial Observation report