- Case note: Supreme Court of Canada (Prime Minister and ors v Khadr (Omar Ahmed), Amnesty International (Canadian Section, English Branch) (intervening) and ors (intervening), Final appeal judgment, 2010 SCC 3)
- File no.
- 1319 (CA 2010)
- Case date
- 29 January 2010
- International Law in Domestic Courts
- Volume (Serie)
- Document type
- Case note
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
Whether the principles of international law and comity that normally precluded application of the Constitution Act, 1982(‘Canadian Charter’) to Canadian officials acting abroad applied to the assistance they provided to US authorities at Guantánamo Bay.
Whether the deprivation of the liberty and security of a Canadian detainee, protected by the Canadian Charter, conformed to the principles of fundamental justice which took into account Canada’s obligations and values as expressed in international human rights law.
Whether the appropriate remedy was to order the Canadian government to request the United States to repatriate the Canadian detainee at Guantánamo Bay.
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