The Supreme court of Canada's declining of its jurisdiction in not ordering the repatriation of a Canadian Guantanamo detainee : implications of the case for our understanding of international humanitarian law / Sonja Grover
Document type:
Article
Title:
The Supreme court of Canada's declining of its jurisdiction in not ordering the repatriation of a Canadian Guantanamo detainee : implications of the case for our understanding of international humanitarian law
Author zone:
Sonja Grover
Host item entries:
- The international journal of human rights, Vol. 15, no. 3, March 2011, p. 481-508
Languages:
English
General Note:
Photocopies
Abstract:
The Supreme Court of Canada (SCC) declined its jurisdiction in its 2010 ruling in Canada (Prime Minister) v. Khadr by not ordering the repatriation of Canadian Guantanamo detainee Omar Ahmed Khadr. Despite finding that Khadr's deprivation of liberty at Guantanamo was not in accord with the principles of fundamental justice, and that Canada was complicit in his ongoing detention, the Court left the remedy to the Canadian federal government's discretion. This based on a theory of 'royal prerogative' inapplicable on the facts of the case, and an erroneous claim of an inconclusive record relating to alleged relevant foreign relations matters.
Authors:
Keyword in English:
Keyword in French:
| Call number | Availability / Due date |
|---|---|
| 345.2/449 (Br.) | Available |