Harper no doubt is unhappy with this decision. He can still appeal to the Supreme Court. He has absolutely no shame and no worry about paying the legal bills either since the taxpayer will be doing that.
Obama has never had a thing to say about Khadr's case as far as I am aware. No doubt he has other issues on his mind!
Ottawa must press for Khadr's return: Appeal Court
The Federal Court of Appeal upheld a ruling Friday that ordered the Canadian government to press for the return of Omar Khadr from a U.S. military detention centre in Guantanamo Bay, Cuba.The Toronto-born Khadr, now 22, is being held at Guantanamo and is accused of killing a U.S. army soldier with a hand grenade during a gunfight in Afghanistan in 2002, when Khadr was 15. His case remains on hold pending a review of the U.S. military tribunal system by the Obama administration.
In April, Federal Court Judge James O'Reilly ruled in favour of Khadr's charter challenge of the Canadian government's decision not to request his repatriation from Guantanamo Bay.
The federal government appealed the decision and has long maintained that because of the seriousness of the charges, Khadr should face military proceedings in the United States.
In his 43-page decision, O'Reilly wrote that the federal government's ongoing refusal to request his repatriation to Canada "offends a principle of fundamental justice and violates Mr. Khadr's rights.
"To mitigate the effect of that violation, Canada must present a request to the United States for Mr. Khadr's repatriation as soon as practicable," the judge wrote.
Khadr's lawyers have argued the Canadian government was complicit in the detainee's alleged torture and mistreatment while in U.S. custody and is obliged under international law to demand his return.
Documents show Khadr's U.S. captors threatened him with rape, kept him isolated and deprived him of sleep. In 2003, Canadian Security Intelligence Service officers travelled to Guantanamo to question Khadr and shared the results of their interrogations with the Americans.
The watchdog over CSIS recently found the spy agency ignored concerns about human rights and Khadr's young age in deciding to interview him.
Liberal Leader Michael Ignatieff, NDP Leader Jack Layton and Bloc Québécois Leader Gilles Duceppe have sent a letter to Prime Minister Stephen Harper and U.S. President Barack Obama calling for Khadr's repatriation and for any evidence against him to be released to Canadian authorities.
The U.S. and Canadian governments are signatories to a United Nations protocol that states fighters under age 18 are to be considered child soldiers and must be released and helped to reintegrate into society.With files from The Canadian Press