The last time I checked, I wasn't in Victorian England but you'd think Canada was in Victorian times where Mr. Harper is concerned. The Prime Minister of Canada and several agencies of the crown were ordered by the Federal Court of Appeals on Friday, August 14, 2009 to ask for the eventual release of Omar Khadr from U.S. custody at Guantanamo Bay, Cuba. Our government had argued unsuccessfully that there was an ongoing U.S. legal process and did not want to interfere. They could have asked the American for his return but chose not to. All we are talking about here is asking - doesn't mean we are going to get him. This is now the second time the government of Canada has lost it's argument of non-interference in the legal process of another country. The court found that there were clear Charter of Rights and Freedoms violations and on that basis is forcing the government to act in defence of Khadr to protect his rights. The response so far from the Prime Ministers office has been that they will study the decision. If they choose to appeal the case will be going to the Supreme Court of Canada. If the Supreme Court chooses to accept the case, it be more legal limbo for Omar Khadr while waiting for the ruling.
One of the things Harper is complaining about is that the Federal Court of Appeal ruling encroaches on the powers of the Prime Minister. If Harper had not changed the long-standing policy of Foreign Affairs from automatically seeking the repatriation of Canadian citizens held abroad to hearings on a case by case basis, the Federal Court of Appeals would not have had to direct him on two separate occasions (for Mr. Khadr) to properly represent Canadian citizens in foreign countries. Thus, he would not be stuck with the possible legal precedent of having to do something that he is dead set against, interfering in the legal process of a sovereign state. At this point, he should be realizing he is not a King. Just because you don't like to do something doesn't mean you don't have to do it. Just like your mother told you! He is not qualified to make the statement that such a ruling encroaches on any Prime Ministerial powers as he did not train to be a lawyer. He trained to be an economist. His Justice Minister is a lawyer and perhaps he should have consulted with him before making that statement.
Full disclosure, I am not a lawyer either. I look at these legal issues as a hobby. As always, I may be wrong in my legal assessments but I stick to general principles. Some lawyers have claimed that this is the first time in history that the Federal Court of Appeals, or any court for that matter, has directed foreign policy in a ruling. Technically, this is incorrect as the Federal Court of Canada made a ruling on Khadr's behalf last year, the government appealed and this is the result of the appeal, making it the second time. Now we will have to wait and see if Ottawa wants to fight this case in the Supreme Court of Canada. For Omar's sake, I hope this does not happen.
msdoogfood@hotmail.com
