Hamdan ruling could benefit Khadr: prof

With University of Victoria professor Catherine Morris taking issue in this week’s Law Times Speaker’s Corner column with the notion that Omar Khadr received fair treatment and benefited from due process in the United States, she’s also touting the effect last week’s U.S. court ruling in favour of Osama bin Laden’s driver could have on Khadr’s prospects in Canada.

“The Hamdan case draws attention to persistent concerns about the Khadr case and raises questions about how Canadian courts would view Khadr’s plea agreement and his continuing imprisonment,” says Morris, an adjunct professor with the university’s faculty of law.

Morris believes the U.S. District Court of Appeals for the District of Columbia ruling in the case against the driver, Salim Ahmed Hamdan, “confirms the illegality of at least one of the charges against Khadr.” Both Haman and Khadr, she notes, “were both charged with the same Military Commissions Act offence of providing material support for terrorism. The court found that the enactment of this offence violates the U.S. constitutional bar against ex post facto laws. This offence has never been an internationally recognized war crime.”

The appeal ruling has sparked speculation that it could affect Khadr’s prospects for challenging his detention in Canada since his return last month, particularly when it comes to his prospects for parole. But given that he pleaded guilty to charges beyond providing material support for terrorism, it’s unclear how useful the Hamdan ruling could be to him.

Morris’ latest comments come as she makes clear her feelings about the Canadian government’s treatment of Khadr over the years. In this week’s Law Times piece, she criticized the “erroneous belief that Khadr pleaded guilty to legitimate charges in a properly constituted court. In fact, Khadr was never charged with any U.S. criminal offences or international war crimes,” she writes.

She goes on to challenge Canadian officials’ repeated references to Khadr as a terrorist. “The U.S. plea agreement is not a reliable indicator of guilt in or out of court,” she argues.

As a result, she calls on the Canadian government to change its approach to Khadr.

“Canadian ministers and officials must start treating Khadr in accordance with Canadian and international law,” she writes.

Recent articles & video

Charter applies to self-governing First Nation’s laws, but s. 25 upholds Charter-breaching law: SCC

Ontario Superior Court rejects class action lawsuit against online travel giants

Court must 'gaze into the crystal ball' to determine loss of future earning capacity: BCCA

NS Supreme Court imputes income in child support case due to non-disclosure

Federal Court orders re-evaluation of refugee claim due to unreasonable identity verification

BC Court of Appeal upholds immunity of nurses from personal liability in medical negligence case

Most Read Articles

Canada Revenue Agency announces penalty relief for bare trusts filing late returns

Ontario Court of Appeal upholds spousal support order in 'unusual' divorce case

Ontario Superior Court awards partner share in the estate despite the absence of marriage

Developing an AI oversight system is vital for organizations: Tara Raissi at Beneva