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)

Authors
Publication date 2010
Journal International Law in Domestic Courts
Article number 1319 (CA 2010)
Volume | Issue number 2010
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
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.
Document type Case note
Language English
Published at http://opil.ouplaw.com/view/10.1093/law:ildc/1319ca10.case.1/law-ildc-1319ca10?rskey=gmIvnx&result=1&prd=ORIL
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