CBCNEWS… The Supreme Court of Canada has overturned lower-court orders that the federal government must try to repatriate Toronto-born Omar Khadr from the U.S. military prison in Guantanamo Bay.
However, the top court agreed Canadian officials violated Khadr’s human rights, and that he continues to be threatened by the effect of those violations.
In a unanimous decision released Friday, the court declared that Canadian officials breached Khadr’s right to life, liberty and security of the person under the Charter of Rights and Freedoms.
However, it concluded that ordering the government to ask the U.S. for Khadr’s repatriation to stop the continuing violation of his rights would interfere with the government’s jurisdiction over foreign relations. Therefore, it chose not to issue the order, even though it had the authority to do so.
“We … leave it to the government to decide how best to respond to this judgment in light of current information, its responsibility for foreign affairs and in conformity with the charter,” the ruling said.
Khadr, 23, has been imprisoned at Guantanamo Bay, Cuba, since he was arrested in Afghanistan at age 15, accused of throwing a grenade that killed a U.S. soldier. He is scheduled to be tried in July by a U.S. military court on charges of murder, conspiracy and support of terrorism.