Docket

33289

Prime Minister of Canada, et al. v. Omar Ahmed Khadr

(Federal Court) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2011-03-16 Appeal closed
2011-03-01 Certificate of taxation issued to, Marie-France Major
2011-02-15 Decision on the bill of costs, in the amount of $10,273.75, Reg
2011-02-14 Submission of the bill of costs, Reg
2010-08-30 Bill of costs, (Amended Bill of Costs filed Sept.1/10), Completed on: 2010-09-01 Omar Ahmed Khadr
2010-02-01 Formal judgment sent to the registrar of the court of appeal and all parties
2010-02-01 Judgment on appeal and notice of deposit of judgment sent to all parties
2010-01-29 Correspondence received from, from Y. Hameed, re.: clerical error in the spelling of one of the legal counsel's name, cc. Sally Yee British Columbia Civil Liberties Association
2010-01-29 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-208-09, 2009 FCA 246, dated August 14, 2009, heard on November 13, 2009, is allowed in part with costs to the respondent. The application for judicial review of the government’s decision and policy not to seek the repatriation of the respondent is allowed in part. This Court declares that through the conduct of Canadian officials in the course of interrogations in 2003 and 2004, as established on the evidence, Canada actively participated in a process contrary to its international human rights obligations and contributed to the respondent’s ongoing detention so as to deprive him of his right to liberty and security of the person guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms, contrary to the principles of fundamental justice.
Allowed in part, with costs
2010-01-05 Correspondence received from, Nathan J. Whiting dated Jan. 5/10 re: upgrade to military commission proceedings (sent to the Court Jan. 7/10) Omar Ahmed Khadr
2009-12-14 Media lock-up request accepted
2009-12-14 Media lock-up consent form received from Omar Ahmed Khadr
2009-12-07 Media lock-up consent form received from Prime Minister of Canada
2009-12-04 Media lock-up letter, consent form and undertaking sample sent to all parties
2009-12-03 Transcript received, (105 pages)
2009-12-01 Media lock-up requested or proposed
2009-11-13 Judgment reserved OR rendered with reasons to follow
2009-11-13 Hearing of the appeal, 2009-11-13, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2009-11-13 Intervener's condensed book, Filed at the hearing Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-11-13 Intervener's condensed book, Filed at the hearing National Council For the Protection of Canadians Abroad
2009-11-13 Respondent's condensed book, Filed at the hearing Omar Ahmed Khadr
2009-11-13 Appellant's condensed book, Filed at the hearing Prime Minister of Canada
2009-11-13 Acknowledgement and consent for video taping of proceedings, Consent of all parties
2009-11-12 Correspondence received from, S. Jodoin by fax, re.: request for 2 reserved seats at the hearing Amnesty International (Canadian Section, English Branch)
2009-11-12 Correspondence received from, C. Macleod by fax, re.: request for 6 reserved seats at the hearing National Council For the Protection of Canadians Abroad
2009-11-12 Correspondence received from, S.V. Potter by fax, re.: request for 3 add. reserved seats at the hearing Avocats sans frontières Canada
2009-11-10 Correspondence (sent by the Court) to, all parties re: videoconference of Nov. 13/09
2009-11-10 Correspondence received from, Jeffrey Johnston re: advising the Court of the proceedings in the U.S. Attorney General (sent to the Court Nov. 10/09) Prime Minister of Canada
2009-11-10 Correspondence received from, Jessica Orkin by fax, re.: request for 1 reserved seat at the hearing Canadian Civil Liberties Association
2009-11-10 Correspondence received from, S. Choudhry rec'd by fax, re.: request for 5 reserved seats at the hearing British Columbia Civil Liberties Association
2009-11-09 Correspondence received from, E. Chan by fax, re.: request for 1 reserved seat at the hearing Canadian Coalition for the Rights of Children and Justice for Children and Youth
2009-11-06 Correspondence received from, Robert Frater re: corrections to the decision of the Court of Appeal dated August 14, 2009 (already sent to the Court, see letter of Nov. 5/09 from the Federal Court of Appeal) Prime Minister of Canada
2009-11-06 Correspondence received from, M.-F. Major rec Omar Ahmed Khadr
2009-11-05 Correspondence received from, J.G. Johnston by fax, re.: request for 6 reserved seats at the hearing Prime Minister of Canada
2009-11-05 Correspondence received from, L. Goubau by fax, re.: request for 2 seats at the hearing Avocats sans frontières Canada
2009-11-05 Notice of appearance, Sujit Choudhry and Joseph Arvay will be appearing, Mr. Choudhry will make oral representation and Mr. Arvay will be by videoconference. British Columbia Civil Liberties Association
2009-11-05 Correspondence received, (Letter Form), from the Federal Court of Appeal enclosing corrected pages in the Reasons for Judgment of the Court dated August 14, 2009. (sent to the Court Nov. 6/09)
2009-11-03 Notice of appearance, Lorne Waldman and Jackie Swaisland will be appearing and Mr. Waldman will be making oral arguments. Canadian Bar Association
2009-11-02 Notice of appearance, Sacha Paul, Vanessa Gruber and Michael Bossin will be appearing, Ms. Paul will be making oral arguments. Amnesty International (Canadian Section, English Branch)
2009-11-02 Notice of appearance, Robert J. Frater, Doreen C. Mueller and Jeffrey G. Johnston will be appearing (affidavit of service re'd Nov. 3/09) Prime Minister of Canada
2009-11-02 Notice of appearance, Dean Peroff, Scott Fairley and Chris MacLeod will be appearing, Mr. Peroff will be making oral arguments - service rec'd Nov. 2/09. National Council For the Protection of Canadians Abroad
2009-10-29 Correspondence received from, from A. Macklin rec'd by fax, re.: request for 3 reserved seats at the hearing Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-10-28 Notice of appearance, Brian Greenspan will be appearing Criminal Lawyers' Association (Ontario)
2009-10-28 Notice of appearance, Marlys Edwardh, Adriel Weaver and Jessica Orkin will be appearing Canadian Civil Liberties Association
2009-10-27 Correspondence received from, Nathan Whitling re: response to request for more time for reply of the appellant (cc. to all parties) - affidavit of service rec'd Nov. 3/09. Omar Ahmed Khadr
2009-10-27 Notice of appearance, Simon V. Potter, Pascal Paradis, Sylvie Champagne and Fannie Lafontaine will be appearing, Mr. Potter will be making the oral argument - service rec'd Oct. 28/09 (request for 4 counsel granted Oct. 28/09) Avocats sans frontières Canada
2009-10-27 Correspondence received from, Rpbert Frater re: request for 30 minutes of reply (Oct. 28/09, 5 extra minutes for reply granted) Prime Minister of Canada
2009-10-26 Notice of appearance, Emily Chan and Martha Mackinnon will be appearing and Ms. Chan will be making oral argument. Canadian Coalition for the Rights of Children and Justice for Children and Youth
2009-10-23 Notice of appearance, John Norris, Audrey Macklin and Brydie Bethell will be appearing, Mr. Norris will make the oral arguments Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-10-22 Correspondence received from, Joseph J. Arvay, Q.C. dated Oct. 21/09 requesting to appear by video conference British Columbia Civil Liberties Association
2009-10-21 Order by, Ro, FURTHER TO THE ORDER dated October 6, 2009, granting leave to intervene to the Amnesty International (Canadian Section, English Branch), the Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights, the Canadian Coalition for the Rights of Children and Justice for Children and Youth, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association (Ontario), the Canadian Bar Association, the Avocats sans frontières Canada, Barreau du Québec and Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval, the Canadian Civil Liberties Association and the National Council For the Protection of Canadians Abroad;
IT IS HEREBY FURTHER ORDERED THAT the nine groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2009-10-21 Appeal perfected for hearing
2009-10-20 Intervener's book of authorities, Vol. 1 to 3, Completed on: 2009-10-20 Avocats sans frontières Canada
2009-10-20 Intervener's factum, Completed on: 2009-10-20 Avocats sans frontières Canada
2009-10-20 Intervener's book of authorities, Respondent and interveners have agreed to accept service by e-mail, Completed on: 2009-10-20 Amnesty International (Canadian Section, English Branch)
2009-10-20 Intervener's factum, The respondent and interveners have agreed to accept service by e-mail, Completed on: 2009-10-20 Amnesty International (Canadian Section, English Branch)
2009-10-20 Intervener's book of authorities, Interveners agreed to be served only the CD, Completed on: 2009-10-20 National Council For the Protection of Canadians Abroad
2009-10-20 Intervener's factum, Consent from parties to serve only the CD, Completed on: 2009-10-20 National Council For the Protection of Canadians Abroad
2009-10-20 Intervener's book of authorities, Respondent and Interveners agreed to service by e-mail, Completed on: 2009-10-27 Criminal Lawyers' Association (Ontario)
2009-10-20 Intervener's factum, Respondent and Interveners agreed to service by e-mail, Completed on: 2009-10-27 Criminal Lawyers' Association (Ontario)
2009-10-20 Intervener's book of authorities, Respondents and Interveners agreed to service by e-mail, Completed on: 2009-10-27 Canadian Bar Association
2009-10-20 Intervener's factum, Respondent and Interveners agreed to service by e-mail, Completed on: 2009-10-27 Canadian Bar Association
2009-10-20 Intervener's book of authorities, Vol. 1 to 3, Completed on: 2009-10-28 Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-10-20 Intervener's factum, Completed on: 2009-10-20 Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-10-20 Intervener's book of authorities, with consent for service by e-mail, Completed on: 2009-10-20 British Columbia Civil Liberties Association
2009-10-20 Intervener's factum, with consent for service by e-mail, Completed on: 2009-10-20 British Columbia Civil Liberties Association
2009-10-20 Intervener's book of authorities, Completed on: 2009-10-20 Canadian Civil Liberties Association
2009-10-20 Intervener's factum, Completed on: 2009-10-20 Canadian Civil Liberties Association
2009-10-20 Correspondence received from, Brenda C. Swick of McCarthy Tétrault LLP dated Oct. 20/09 re: acting as Ottawa Agent for the Montreal office of McCathy Tétrault LLP Avocats sans frontières Canada
2009-10-16 Intervener's book of authorities, Completed on: 2009-11-04 Canadian Coalition for the Rights of Children and Justice for Children and Youth
2009-10-16 Intervener's factum, Service of Avocats sans frontières rec'd Oct. 29/09 by affidavit and with consent - rec'd 11 extra copies of the CD, Completed on: 2009-11-04 Canadian Coalition for the Rights of Children and Justice for Children and Youth
2009-10-16 Correspondence received from, Lang Michener re: request for permission to have the American defense counsel, Mr. Barry Coburn, sit at counsel table and not be gown -- permitted (Oct. 21) Omar Ahmed Khadr
2009-10-16 Notice of appearance, Nathan Whitling and Dennis Edney will be appearing and Mr. Whitling will be making the oral submission. Omar Ahmed Khadr
2009-10-13 Respondent's book of authorities, Vol. 1 to 3, Completed on: 2009-10-13 Omar Ahmed Khadr
2009-10-13 Respondent's factum, Completed on: 2009-10-13 Omar Ahmed Khadr
2009-10-06 Order on motion for leave to intervene, (BY ROTHSTEIN J.)
2009-10-06 Decision on the motion for leave to intervene, Ro, The motions for leave to intervene by the Amnesty International (Canadian Section, English Branch), the Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights, the Canadian Coalition for the Rights of Children and Justice for Children and Youth, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association (Ontario), the Canadian Bar Association, the Avocats sans frontières Canada, Barreau du Québec and Groupe d'étude en droits et libertés de la Faculté de droit de l'Université Laval, the Canadian Civil Liberties Association and the National Council For the Protection of Canadians Abroad are granted and the said nine groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before October 20, 2009.
To the extent that the interests are similar, interveners shall consult to avoid repetition.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention.
Granted
2009-10-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2009-10-05 Criminal Lawyers' Association (Ontario)
2009-10-05 Submission of motion for leave to intervene, Ro
2009-10-05 Reply to the motion for leave to intervene, Completed on: 2009-10-05 Canadian Bar Association
2009-10-05 Reply to the motion for leave to intervene, Completed on: 2009-10-05 National Council For the Protection of Canadians Abroad
2009-10-05 Reply to the motion for leave to intervene, by the Appellants, Completed on: 2009-10-05 Canadian Coalition for the Rights of Children and Justice for Children and Youth
2009-10-05 Reply to the motion for leave to intervene, (Letter Form), by the Appellants, Completed on: 2009-10-05 Amnesty International (Canadian Section, English Branch)
2009-10-02 Response to the motion for leave to intervene, to all ninie proposed interveners, Completed on: 2009-10-02 Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service
2009-10-02 Reply to the motion for leave to intervene, (Letter Form), by the Appellants, Completed on: 2009-10-02 Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-10-02 Reply to the motion for leave to intervene, (Letter Form), by the Appellants, Completed on: 2009-10-02 Avocats sans frontières Canada
2009-10-02 Reply to the motion for leave to intervene, (Letter Form), by the Appellants, Completed on: 2009-10-02 National Council For the Protection of Canadians Abroad
2009-10-01 Response to the motion for leave to intervene, (Letter Form), to all nine proposed interveners, Completed on: 2009-10-01 Prime Minister of Canada
2009-09-29 Motion for leave to intervene, (bookform), Completed on: 2009-09-29 National Council For the Protection of Canadians Abroad
2009-09-29 Motion for leave to intervene, (bookform), Completed on: 2009-09-29 Canadian Civil Liberties Association
2009-09-29 Motion for leave to intervene, (bookform), Completed on: 2009-09-30 Avocats sans frontières Canada
2009-09-28 Motion for leave to intervene, Completed on: 2009-09-28 Canadian Bar Association
2009-09-28 Motion for leave to intervene, Completed on: 2009-09-28 Criminal Lawyers' Association (Ontario)
2009-09-28 Motion for leave to intervene, (bookform), Completed on: 2009-09-28 British Columbia Civil Liberties Association
2009-09-28 Motion for leave to intervene, (bookform), Completed on: 2009-09-28 Canadian Coalition for the Rights of Children and Justice for Children and Youth
2009-09-25 Motion for leave to intervene, (bookform), Completed on: 2009-09-25 Human Rights Watch, University of Toronto, Faculty of Law - International Human Rights Program and David Asper Centre for Constitutional Rights
2009-09-25 Motion for leave to intervene, (bookform)($75 Rec'd Sep 29/09), Completed on: 2009-09-29 Amnesty International (Canadian Section, English Branch)
2009-09-22 Appellant's book of authorities, CD missing - Rec'd on Sept. 28, 2009 (2 volumes), Completed on: 2009-09-29 Prime Minister of Canada
2009-09-22 Appellant's record, CD missing - Rec'd on Sept. 28, 2009 - Joint with Respondent (7 volumes), Completed on: 2009-09-29 Prime Minister of Canada
2009-09-22 Appellant's factum, CD missing - Rec'd on Sept. 28, 2009, Completed on: 2009-09-29 Prime Minister of Canada
2009-09-17 Notice of appeal, (amended notice and CD-Rom requested - rec'd Sept. 17/09), Completed on: 2009-09-17 Prime Minister of Canada
2009-09-10 Notice of hearing sent to parties
2009-09-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-09-09 Correspondence received from, Marie-France Major dated Sept. 09/09 re: acting as Ottawa Agent for the Respondent (by fax) Omar Ahmed Khadr
2009-09-09 Appeal hearing scheduled, 2009-11-13, (start time 9:00)
Judgment reserved
2009-09-08 Correspondence (sent by the Court) to, all parties, by fax, dated Sept-08-09, re: filing timetable:Appellants' documents due Sept-22-09, Motion for leave to Intervene due Sept-29-09, Respondent’s documents due Oct-13-09, If leave to intervene is granted, Intervener’s documents due Oct-20-09
2009-09-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-09-08 Judgment on leave sent to the parties
2009-09-04 Decision on the motion for a stay of execution, The motion to stay the order of the Federal Court of Appeal is granted.
2009-09-04 Decision on motion to expedite the application for leave to appeal, The motion to expedite the hearing of the appeal is granted.
2009-09-04 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-208-09, 2009 FCA 246, dated August 14, 2009 is granted. See long version., The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-208-09, 2009 FCA 246, dated August 14, 2009, and the motion to stay the order of the Federal Court of Appeal and to expedite the hearing of the appeal are granted without costs. The appeal is to be heard on November 13, 2009, and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar.
Granted, without costs
2009-08-28 Submission of motion for a stay of execution, Bi Cha Ro
2009-08-28 Submission of motion to expedite the application for leave to appeal, Bi Cha Ro
2009-08-28 All materials on application for leave submitted to the Judges, Bi Cha Ro
2009-08-28 Applicant's reply to respondent's argument, Completed on: 2009-09-01 Prime Minister of Canada
2009-08-28 Respondent's response on the application for leave to appeal, Completed on: 2009-08-28 Omar Ahmed Khadr
2009-08-27 Response to the motion to expedite the application for leave to appeal, (Letter Form), from N. J. Whitling dated Aug. 27/09 joint with response to the motion to stay (by fax), Completed on: 2009-08-27 Omar Ahmed Khadr
2009-08-27 Response to the motion for a stay of execution, (Letter Form), from N. J. Whitling dated Aug. 27/09 joint response to the motion to expedite (by fax), Completed on: 2009-08-27 Omar Ahmed Khadr
2009-08-25 Letter acknowledging receipt of a complete application for leave to appeal
2009-08-25 Motion to expedite the application for leave to appeal, joint with motion for a stay (book form), Completed on: 2009-08-25 Prime Minister of Canada
2009-08-25 Motion for a stay of execution, joint with motion to expedite (book form), Completed on: 2009-08-25 Prime Minister of Canada
2009-08-25 Application for leave to appeal, Completed on: 2009-08-25 Prime Minister of Canada