OTTAWA — The government plans to appeal a Federal Court ruling that ordered it to come up with solutions to breaches of Omar Khadr’s constitutional rights.
The decision Monday marked the latest salvo in the legal tug of war between the Harper government and courts over the fate of the Toronto-born accused terrorist.
The Federal Court of Canada ruled last Monday that the government had seven days to draft a list of remedies to its violation of Khadr’s Charter rights.
Justice Russel Zinn ruled that Ottawa had not met the standard set in January by the Supreme Court of Canada, which called on the government to right the wrongs it had brought on Khadr, accused of killing a U.S. soldier in 2002 in Afghanistan.
Justice Minister Rob Nicholson says Ottawa will instead challenge Zinn’s order in the Federal Court of Appeal.
“This case raises important issues concerning the Crown prerogative over foreign affairs,” Nicholson said in a statement.
In its January ruling, the Supreme Court declared Khadr’s rights had been violated and demanded the Harper government come up with a remedy. The high court stopped short of ordering the government to repatriate Khadr.
The government replied by sending a diplomatic note to Washington a month later asking that information Canadian officials obtained from Khadr during a 2003 visit to Guantanamo not be used in the prosecution against him.
Khadr’s lawyers said that wasn’t good enough and asked the Federal Court to review the government’s response. That resulted in last week’s decision by Zinn.
Justice Department lawyer Doreen Mueller said in a notice to the Federal Court that the government “hereby seeks suspension of all of the deadlines” that were imposed.
“We have requested the Court of Appeal to reschedule the hearing of the motion at its earliest convenience,” Mueller wrote.
Nicholson quoted from the Supreme Court decision, noting that it had ruled “it would not be appropriate for the court to give direction as to the diplomatic steps necessary to address the breaches of Mr. Khadr’s Charter rights.”
Khadr is the last Western national held at the U.S. military prison in Guantanamo Bay, Cuba.
Now 23, he was arrested as a 15-year-old for throwing a grenade that killed a U.S. army medic during a firefight in Afghanistan. Khadr’s trial before a U.S. military tribunal in Guantanamo was to begin next month.
“Omar Khadr faces very serious charges, including murder, attempted murder, conspiracy, material support for terrorism, and spying,” Nicholson said.
The minister said that the government continues to provide consular services to Khadr.