Top Five 2011: United States of America v Khadr

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

United States of America v Khadr, 2011 ONCA 358

Abdullah Khadr was repatriated to Canada after years of international detention and mistreatment.  Upon his return to Canada, the United States formally charged Khadr in Boston and requested that he be extradited from Canada.  At the extradition hearing, the judge permanently ended the proceedings because of the human rights violations suffered by Khadr.  This ruling was upheld, as the Ontario Court of Appeal (OCA) ruled that an extradition request can be denied if the requesting state has committed clear violations of the human rights of the accused.  The Supreme Court of Canada refused to hear an appeal of this decision. The full decision is available here.