You are here

SCC Decision: May 23, 2008

Taxonomy upgrade extras: 
Research articles : 

Canada (Justice) v. Khadr, 2008 SCC 28
Click here to link to the full judgment.
(Constitutional / Charter of Rights)
K is a Canadian who has been detained at Guantanamo Bay since 2002.  In 2003, Canadian authorities questioned K in Guantanamo Bay on topics related to the charges K is now facing.  Some of this interview material was subsequently turned over to US officials.  After charges were laid against him, K sought access to the information Canadian officials had obtained about him.  The Court held that the Charter applies in this case, since Canadian officials participated in a process that violated Canada's international obligations.  The Crown is required to disclose the information in question, subject to claims for privilege and immunity that will be decided by the Federal Court.
Majority/Dissent: 9/0