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The Khadr file – justice finally served

As a long time follower of this case and someone who decried a couple of different Canadian governments refusing to speak up about the farce taking place at Guanatanamo Bay masquerading as actual legal proceedings, and ignoring both the Charte and international treaties with regards to child soldiers, I’m pleased to see the Trudeau government has finally addressed the 2 Supreme Court rulings and the violation of Charter Rights and righted a very serious wrong with Omar Khadr by settling out of court with him and issuing an apology (and this wasn’t some “secret deal” as gone but not lamented Stephen Harper charged – it was court-mediated.. and how many […]

A very lame Harper excuse on the Charter

I’m surprised Harper commented at all on this, but I suppose he felt he had to, given the attention to his government’s notable silence on the issue of why they aren’t making more of a big deal on the Charter of Rights and Freedoms 30th anniversary. According to Harper, it’s just too “divisive”:

Harper alluded to the fact that Quebec did not sign on to the Constitution Act of 1982, of which the Charter was a part. Two other attempts to bring Quebec into the constitutional fold — the Meech Lake and Charlottetown Accords — failed.

“In terms of this as an anniversary, I think it’s an interesting and important […]

Your major reason(s) for Conservatives not celebrating the Charter

Much has been made over the fact that the Conservative government is willing to throw major money at celebrating the 200th anniversary of the War of 1812, while not doing anything beyond possibly issuing a press release tomorrow commemorating the 30th anniversary of the Charter of Rights and Freedoms.

Look no further then this article to see why:

In the past year alone, the Charter has been invoked to preserve a Vancouver safe-injection clinic and to blunt the impact of a federal provision to reduce credit for time served in pretrial custody. Prostitution and assisted-suicide laws are under siege. And a wave of new challenges is surging forward, including […]

A specific example of why I’m lukewarm at best with the Ontario Liberal government.

Many folks know I’m a federal Liberal supporter and have been for a few years. Many people don’t know I’m not a provincial Liberal member. I do vote for them at elections, but only because the choices/alternatives presented to me haven’t been palatable. I am no big cheerleader of Dalton Mcguinty or his style: I find him far too conservative for my liking.

My disdain for the provincial Liberal government is not helped by the news they passed a secret law giving the Toronto police extraordinary powers for the G8/G20 – perhaps even unconstitutional, as I don’t see how this is compatible with the Charter. This is the sort of […]

The Khadr ruling

Basically, the Supreme Court has split the middle with it’s ruling on Khadr; his Charter Rights have been violated and continue to be violated, but they’ve ruled that for now (I say “for now” because some media are reporting that the ruling states that the SC may act in the future to provide the remedy if the government fails to act) , it’s up to the Government of Canada to provide a remedy for that, and they won’t force the government to call for Khadr’s repatriation, even if that’s considered a good remedy (As stated at his Twitter page by one of the reporters covering this, the Supreme Court provided […]

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 […]

Federal Court Judge rules Government of Canada violated Omar Khadr’s rights; must press for repatriation.

This is BIG news that has just broke:

Prime Minister Stephen Harper has an obligation to immediately demand the repatriation of Omar Khadr from Guantanamo Bay because his failure to do so offends fundamental justice, a Federal Court judge ruled Thursday. In a strong judgment, Judge Walter O’Reilly said Harper’s refusal to get involved violated Canada’s Charter of Rights. “The ongoing refusal of Canada to request Mr. Khadr’s repatriation to Canada offends a principle of fundamental justice and violates Mr. Khadr’s rights,” Judge O’Reilly said in his 43-page decision. “To mitigate the effect of that violation, Canada must present a request to the United States for Mr. Khadr’s repatriation as […]

Will Harper invoke Notwithstanding Clause to pass his Youth Crime Bill?

I was reading a very interesting post by Scott Ross where Scott claims that the Conservatives proposed youth crime bill has a couple of violations of the Constitution and Charter of Rights as per a recent Supreme Court ruling.

The first one is to do with the Conservatives proposing that youths as young as 14 years old be subject to adult sentencing, including life in prison:

..the Supreme Court of Canada as recent as May 2008 ruled in the case of R. v. D.B., 2008 SCC 25 that: A young person who commits a presumptive offence should not automatically be presumed to attract an adult sentence. The Court went […]

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