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Harper decides to go to the Supreme Court to appeal the Omar Khadr ruling.

This is not exactly a shocker that he and his Conservative government would do this appeal to the Supreme Court to overrule 2 Federal court rulings that they are compelled to ask the US government to repatriate Omar Khadr:

The federal government will go to the Supreme Court in a bid to overturn court rulings that would require Ottawa to press for the return of Canadian Omar Khadr from the U.S. military prison at Guantanamo Bay, Cuba, CBC News has learned..The Supreme Court will have to decide whether to review the case.

You could see them setting up for that appeal when Harper noted a week ago up in the Arctic that it was a 2-1 decision against them by the Federal Court of Appeal, rather then a unanimous decision. So now, in a last ditch effort to claim the government of Canada can deny a Canadian his/her rights that all Canadians have under the Charter if it deems it doesn’t want to help that person, it goes to the Supreme Court.

Macleans has reported on this appeal.. and there are a couple of comments I saw at Maclean’s story by some readers that more or less fits with my view on things and expresses those views much better then I could.

The first one:

…this is really an “all-in” move on Harper’s part. A quiet retreat on this issue would sting a little with the rank and file for a few weeks, but be survivable. Instead, it would appear the Cons are willing to bet it all on being vindicated by the Supremes… if they do bring it all the way to the floor of the SCoC and lose, it will make for a very big and very public spanking. It would be pretty much unprecedented for a national government in a Western democracy to stake its reputation on the unswerving rightness of its cause and then be told by the highest levels of its judiciary that they’ve been trampling on the Constitutional rights of a single citizen and be ordered to eat crow. That’s election-losing big. I daresay they’re already hard at work in the Little Shop of Tories on the ads blaming the elite librul activist judges.

..and this one.

It boggles the mind that, while every other government worldwide has been trying to get its citizens out of Gitmo… Stephen Harper’s government has been moving heaven and earth to try and keep this guy in the twilight zone. They literally have no regard for Canadian citizenship as such. They actually dislike the Charter. And they don’t have the guts to say so.

I almost see this move as a stalling tactic, because there is a good possibility looking at a prior Supreme Court ruling in 2007 on Canada’s culpability with Khadr’s treatment that they will rule against the government. The Conservatives may be desperately hoping that somehow Khadr’s now suspended US kangaroo court military commissions trial will restart again in the interim of the Supreme Court hearing this case, and be concluded before the SC can finalize the decision.

What would be incredibly amusing and incredibly poetic would be if the Supreme Court declined to hear the case and ordered immediate compliance with the Federal Court decisions. Maybe a bit unlikely, since I don’t doubt the SC will hear this case, particularly a potential precedent-setting case of this magnitude and with a majority Federal Court of Appeals decision rather then a unanimous decision, but one can imagine the reaction in the PMO and elsewhere in Harper Central if the SC did do so:

onoz_omg2 onoz_omg2 onoz_omg2 onoz_omg2 onoz_omg2

..but I imagine this will still be the reaction if the SC hears the case and rules against the Harperites.

9 comments to Harper decides to go to the Supreme Court to appeal the Omar Khadr ruling.

  • stan squires

    I wants to comment on what i thinks about Stephen Harper for appealing to the supreme court against Omar Khadr.
    Here is idolatry even without a mask,and he who can calmly hear and digest such doctrine has forfeited his claim to rationality-an apostate from the order of manhood,and ought to be considered as one who has not only given up the proper dignity of man,but sunk himself beneath the rank of animals, and contemptibly crawls through the world like a worm.

    Stan Squires

  • Dan Yuen

    Why are you people so concerned about a terrorist coming back to be OUR problem? The government doesn’t care about Canadian Citizenship anymore because Liberals have watered down the meaning of it so much. You should be stripped of Canadian citizenship if you decide to fight for a cause that that is against the Canadian way of life. I am proud of my citizenship and would never betray my country or my allies. You people would let Hitler run wild if he was living today.

    Let him rot in Cuba!

    • @Dan Yuen,

      “Why are you people so concerned about a terrorist coming back to be OUR problem?”

      And what evidence do you have that Khadr is a terrorist? Seems to me that the evidence is that he probably didn’t do the crime he is accused of. Worst case is that he is a child soldier. You know, like those kids everyone, including Conservatives, seem to have sympathy for when they fight for the Christian Lord’s Resistance Army in Uganda. I guess Khadr is different cuz he is teh Moooslim eh?

      “The government doesn’t care about Canadian Citizenship anymore because Liberals have watered down the meaning of it so much.”

      How exactly did the Liberals water down the concept of being born here? I mean, Omar Khadr is as Canadian a you (I presume you aren’t a transplanted American) or I because he was born here. If the meaning of his citizenship is in question then so is yours and mine. Whether we like someone or not is irrelevant of their citizenship.

      “You should be stripped of Canadian citizenship if you decide to fight for a cause that that is against the Canadian way of life.

      Ok, and to do that you would need to present evidence beyond a reasonable doubt in a court of law with proper due process and proper rules of evidence. Like those ones we’ve had since 1215 in the Magna Carta…the ones that are supposed to make us so much better than than the evil hordes in teh Mooslim world.

      So I point out again, Khadr has been held without charge or trial since he was 15, which according to Conservatives, makes him a child in capable of making decisions about right and wrong (oops sorry that’s only if someone was going to have sex with him…my bad). He has been abused and tortured in a Gulag as bad as any the Evil Empire of the Soviet Union ever created. And the evidence coming out was that he was there because of his father and probably didn’t do the crime he was accused of.

      But instead of actually trying to prove he is a terrorist or a person worthy of being stripped of citizenship, you are going to just do it because you saw his mum on TV say something shocking once that you don’t like. That’s quite the respect for the rule of law and human rights you have there.

      “I am proud of my citizenship and would never betray my country or my allies. “

      Well until the Liberals are back in power, then I suspect you’ll be all for betraying your country, or separating or something. Kinda like the Repubs down south. Patriotism is the last bastion of the scoundrel, which you prove in spades right now.

      BTW, I am a libertarian…I don’t give a whit about things like “Canada” or “Ontario” or “Alberta”…I care that arbitrary thugs who rule me without my consent are violating a person’s human rights. So don’t bather barking up that tree.

      “You people would let Hitler run wild if he was living today.”

      How ironic, considering it is you that, like Hitler and all other fascists, are advocating abandoning the rule of law and human rights in order to punish your perceived enemies.

      I have to say, only 4 comments before Godwin… not bad.

      Now, why don’t you go figure out why everything you just wrote is idiotic and come back when you figured out why you really don’t want Khadr back, unlike most other Canadians…

    • @Dan Yuen,

      Can I also add the irony that Harper has been twice ordered by Canadian courts to bring him home and either try him or let him go, but the government refuses to obey the lawful order of the court.

      Doesn’t that count as betraying your country? Refusing to obey the law?

      Just sayin…

  • And where is former human rights advocate Michael Ignatieff on all this?

    Well, that’s a rhetorical question.

  • Harper and his cronies are scary. I hope that if the SC hears it, they stomp all over him. The whole thing is shameful, and there is a kid’s life at stake.

  • foottothefire

    This is what we get when we electing poorly and lowly educated, ideologues for whom Rule of Law means they get to make the rules.

  • […] notes, on the eve of what could be new revelations about CIA torture schemes. Scott wonders why they’d even bother appealing, given that they’ll almost certainly lose […]

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