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SCOC is 3 for 3 recently
Another good decision by the SCOC. Despite the best efforts of the Cdn government to see one of it's citizens ****ed over, the SCOC refuses to play ball. 
OTTAWA - Accused terrorist Omar Khadr has won limited access to Canadian government documents to help defend himself against a murder charge before a U.S. military tribunal.
The Supreme Court of Canada. in a 9-0 judgment. agreed Khadr has a constitutional right to material directly related to interviews Canadian officials conducted with him during his detention at the U.S. naval base in Guantanamo Bay. Cuba.
But the court rejected demands for many more documents held by Ottawa dealing with other aspects of the case.
It also left the door open for the federal government to raise objections to disclosure of some material on national security grounds.
A Federal Court judge will now review the material. receive submissions from the parties and "decide which documents fall within the scope of the disclosure obligation."
The judges measured their words carefully in dealing with another question raised by Khadr's lawyers - whether the detention process at Guantanamo Bay. and the military tribunals set up to try foreign-born terror suspects. violate human rights.
The high court noted that the U.S. Supreme Court has already ruled some aspects of the original trial and detention process are contrary to U.S. domestic law and international law.
The justices said Canadian officials are bound by foreign laws as long as they meet international human-rights standards. But they are not bound by other countries' laws if they violate "Canada's binding international human rights obligations."
"The process in place at Guantanamo Bay at the time Canadian officials interviewed K(hadr) and passed on the fruits of the interviews to U.S. officials has been found by the U.S. Supreme Court ... to violate U.S. domestic law and international human rights obligations to which Canada subscribes." the judges wrote.
Canadian officials' deference to foreign law does "not apply in this case." they said. "Consequently. the Charter applies."
"With K(hadr)'s present and future liberty at stake. Canada is bound by the principles of fundamental justice and is under a duty of disclosure pursuant to Section 7 of the Charter. The content of this duty is defined by the nature of Canada's participation in the process that violated its international human rights obligations."
The processes have since been modified. but further challenges are underway before the U.S. courts.
Toronto-born Khadr was 15 years old when he was captured by U.S. forces in Afghanistan in a firefight in 2002. He's expected to face trial this summer on a murder charge arising from the death of an American soldier and is also accused of conspiracy and other terror-related offences.
He was questioned at Guantanamo in 2003 by officials from Foreign Affairs and the Canadian Security Intelligence Service who said they were conducting their own information-gathering operation separate from the U.S. criminal case.
But the Canadians later shared the results of the interrogations with American authorities. and defence lawyers argued that was enough to trigger disclosure obligations under the Charter.
The federal Justice Department maintained disclosure is a protected right only in Canadian trials and doesn't apply to overseas prosecutions.
Government lawyers also balked at defence claims that the Guantanamo detention conditions and military tribunals infringe internationally guaranteed human rights. The government said that issue should be argued in an American court. not a Canadian one.
But the high court ruled Friday that Ottawa "must disclose (i) all records in any form of the interviews conducted by Canadian officials with Mr. Khadr. and (ii) records of any information given to U.S. authorities as a direct consequence of Canada's having interviewed him."
"This disclosure is subject to the balancing of national security and other considerations as required by ... of the Canada Evidence Act."
The case has been closely watched by human-rights organizations. in large part because of the dispute about whether the Charter "follows the flag" when Canadian officials go abroad.
The same point is at the heart of another action. now before the Federal Court of Appeal. on the handling of detainees captured by Canadian soldiers in Afghanistan.
Khadr's brother Abdullah is currently the target of extradition proceedings launched by the U.S. government. which wants to try him on terrorism charges. Their late father Ahmed was a key lieutenant to al-Qaida leader Osama bin Laden.
Omar is the last citizen of a western democracy held at Guantanamo. Other countries have successfully pressed the Americans to return their nationals to face justice at home. but Prime Minister Stephen Harper's Conservative government has so far refused to do the same.
The Supreme Court of Canada. in a 9-0 judgment. agreed Khadr has a constitutional right to material directly related to interviews Canadian officials conducted with him during his detention at the U.S. naval base in Guantanamo Bay. Cuba.
But the court rejected demands for many more documents held by Ottawa dealing with other aspects of the case.
It also left the door open for the federal government to raise objections to disclosure of some material on national security grounds.
A Federal Court judge will now review the material. receive submissions from the parties and "decide which documents fall within the scope of the disclosure obligation."
The judges measured their words carefully in dealing with another question raised by Khadr's lawyers - whether the detention process at Guantanamo Bay. and the military tribunals set up to try foreign-born terror suspects. violate human rights.
The high court noted that the U.S. Supreme Court has already ruled some aspects of the original trial and detention process are contrary to U.S. domestic law and international law.
The justices said Canadian officials are bound by foreign laws as long as they meet international human-rights standards. But they are not bound by other countries' laws if they violate "Canada's binding international human rights obligations."
"The process in place at Guantanamo Bay at the time Canadian officials interviewed K(hadr) and passed on the fruits of the interviews to U.S. officials has been found by the U.S. Supreme Court ... to violate U.S. domestic law and international human rights obligations to which Canada subscribes." the judges wrote.
Canadian officials' deference to foreign law does "not apply in this case." they said. "Consequently. the Charter applies."
"With K(hadr)'s present and future liberty at stake. Canada is bound by the principles of fundamental justice and is under a duty of disclosure pursuant to Section 7 of the Charter. The content of this duty is defined by the nature of Canada's participation in the process that violated its international human rights obligations."
The processes have since been modified. but further challenges are underway before the U.S. courts.
Toronto-born Khadr was 15 years old when he was captured by U.S. forces in Afghanistan in a firefight in 2002. He's expected to face trial this summer on a murder charge arising from the death of an American soldier and is also accused of conspiracy and other terror-related offences.
He was questioned at Guantanamo in 2003 by officials from Foreign Affairs and the Canadian Security Intelligence Service who said they were conducting their own information-gathering operation separate from the U.S. criminal case.
But the Canadians later shared the results of the interrogations with American authorities. and defence lawyers argued that was enough to trigger disclosure obligations under the Charter.
The federal Justice Department maintained disclosure is a protected right only in Canadian trials and doesn't apply to overseas prosecutions.
Government lawyers also balked at defence claims that the Guantanamo detention conditions and military tribunals infringe internationally guaranteed human rights. The government said that issue should be argued in an American court. not a Canadian one.
But the high court ruled Friday that Ottawa "must disclose (i) all records in any form of the interviews conducted by Canadian officials with Mr. Khadr. and (ii) records of any information given to U.S. authorities as a direct consequence of Canada's having interviewed him."
"This disclosure is subject to the balancing of national security and other considerations as required by ... of the Canada Evidence Act."
The case has been closely watched by human-rights organizations. in large part because of the dispute about whether the Charter "follows the flag" when Canadian officials go abroad.
The same point is at the heart of another action. now before the Federal Court of Appeal. on the handling of detainees captured by Canadian soldiers in Afghanistan.
Khadr's brother Abdullah is currently the target of extradition proceedings launched by the U.S. government. which wants to try him on terrorism charges. Their late father Ahmed was a key lieutenant to al-Qaida leader Osama bin Laden.
Omar is the last citizen of a western democracy held at Guantanamo. Other countries have successfully pressed the Americans to return their nationals to face justice at home. but Prime Minister Stephen Harper's Conservative government has so far refused to do the same.
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