Canada (Justice) v. Khadr

[2008] 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.

SCC Reasons for Judgment

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.


Date Document
2007/12/19 Appellant – Minister of Justice, Attorney General of Canada, Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service and Commissioner of the Royal Canadian Mounted Police
2008/02/14 Respondent – Omar Khadr
2008/02/21 Intervener – British Columbia Civil Liberties Association
2008/02/22 Intervener – Criminal Lawyers’ Association (Ontario)
2008/02/22 Intervener – International Human Rights Clinic and Human Rights Watch, University of Toronto Faculty of Law