2 S.C.R. 125
Omar Khadr is a Canadian citizen who was detained by US forces at Guantanamo Bay, Cuba, facing murder and terrorism-related charges. He was questioned at Guantanomo Bay by Canadian officials and CSIS agents with respect to the charges against him, and the information from those interviews were shared with US authorities. Once the charges had been laid, Khadr sought disclosure of all documents relevant to the charges against him in the possession of the Crown. The request was refused at trial but allowed on appeal. The Supreme Court of Canada dismissed Canada’s subsequent appeal, finding that Khadr was entitled to disclosure of the interview records and all information given to US authorities as a consequence of those interviews under s.7 of the Charter. As the processes at Guantanamo Bay at the relevant time violated both US domestic law and Canadian international human rights obligations, normal principles of comity that might have limited Khadr’s Charter rights did not apply.
Faculty of Law Research and Commentary discussing Canada (Justice) v Khadr
Kent Roach, “The Supreme Court at the bar of politics: the Afghan detainee and Omar Khadr cases,” (2010) Pitblado Lect. III: 1-40.
Kent Roach, “When secret intelligence becomes evidence: some implications of Khadr and Charkaoui II,” (2009) 47 SCLR (2d) 147-208.