The Supreme Court of Canada has overturned lower-court orders that the federal government must try to repatriate Toronto-born Omar Khadr from the U.S. military prison in Guantanamo Bay.
However, the top court agreed Canadian officials violated Khadr’s human rights, and that he continues to be threatened by the effect of those violations.
In a unanimous decision released Friday, the court declared that Canadian officials breached Khadr’s right to life, liberty and security of the person under the Charter of Rights and Freedoms.
However, it concluded that ordering the government to ask the U.S. for Khadr’s repatriation to stop the continuing violation of his rights would interfere with the government’s jurisdiction over foreign relations. Therefore, it chose not to issue the order, even though it had the authority to do so.