Canada (Justice) v Khadr: 23 May 2008

Supreme Court of Canada
Civil procedure – Motion for sealing order – Documents to be adduced as fresh evidence can be filed only if subject to sealing order – Admissibility and use of documents to be determined by panel of Supreme Court hearing appeal – Motion granted with conditions.
Civil procedure – Motions to strike – Detainee and interveners arguing that detention in Guantanamo Bay violates detainee’s constitutional rights – Allegations that these arguments raise non-justiciable issues or lack factual basis not sufficient reasons to strike interveners’ factums and paragraphs from detainee’s factum at this stage – Motions dismissed.
Civil procedure – Motions to strike – Detainee and interveners arguing that detention in Guantanamo Bay violates detainee’s constitutional rights – Allegations that these arguments raise new issues rejected – Issues discussed sufficiently in courts below – Interveners to be given some latitude in light of requirement that they must present new and different perspective – Motions to strike interveners’ factums dismissed.

Judges:

McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ

Citations:

[2008] 2 SCR 143, 2008 SCC 29

Links:

Canlii

Jurisdiction:

Canada

Cited by:

CitedBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Human Rights, International

Updated: 21 May 2022; Ref: scu.634754