Canada v. Khadr

Canada v. Khadr
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-03-09
Neutral citation
2011 FCA 92
File numbers
A-260-10
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20110309
Docket: A-260-10
Citation: 2011 FCA 92
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
THE PRIME MINISTER OF CANADA,
THE MINISTER OF FOREIGN AFFAIRS, and
THE MINISTER OF JUSTICE
Appellants
and
OMAR AHMED KHADR
Respondent
AND BETWEEN:
THE PRIME MINISTER OF CANADA and
THE MINISTER OF FOREIGN AFFAIRS
Appellants
and
OMAR AHMED KHADR
Respondent
Heard at Edmonton, Alberta, on March 9, 2011.
Judgment delivered from the Bench at Edmonton, Alberta, on March 9, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20110309
Docket: A-260-10
Citation: 2011 FCA 92
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
BETWEEN:
THE PRIME MINISTER OF CANADA,
THE MINISTER OF FOREIGN AFFAIRS, and
THE MINISTER OF JUSTICE
Appellants
and
OMAR AHMED KHADR
Respondent
AND BETWEEN:
THE PRIME MINISTER OF CANADA and
THE MINISTER OF FOREIGN AFFAIRS
Appellants
and
OMAR AHMED KHADR
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Edmonton, Alberta, on March 9, 2011)
NOËL J.A.
[1] As a result of the prison sentence imposed on the respondent following the guilty plea which he registered before the U.S. Military Commission, he is no longer detained by reason of the breach of his Charter rights which forms the basis of the judgment under appeal (see Canada (Prime Minister) v. Khadr, 2010 SCC 3 [Khadr II] at paragraph 48). It follows that, except for the award of costs, the judgement rendered by Zinn J. is no longer operative, and the appeal is moot.
[2] The appellants are not asking us to hear the appeal for the sole purpose of reviewing the award of costs, and even if they did, we do not believe that our discretion should be exercised to decide what are now academic propositions of law for this limited purpose.
[3] The appeal will be dismissed for mootness, the parties assuming their respective costs.
“Marc Noël”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-260-10
(APPEAL FROM A JUDGMENT OF THE HONOURABLE MR JUSTICE RUSSEL W. ZINN DATED JULY 5, 2010, DOCKET NOS. T-230-10 AND T-231-10)
STYLE OF CAUSE: THE PRIME MINISTER OF CANADA ET AL v. OMAR AHMED KHADR
AND BETWEEN:
STYLE OF CAUSE: THE PRIME MINISTER OF CANADA ET AL v. OMAR AHMED KHADR
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: March 9, 2011
REASONS FOR JUDGMENT OF THE COURT BY: (NOËL, PELLETIER & TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
Simon Fothergill
FOR THE APPELLANTS
Nathan J. Whitling
Dennis Edney
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Myles J. Kirvan
Deputy Attorney General for Canada
FOR THE APPELLANTS
Parlee McLaws LLP
Barristers and Solicitors
Edmonton, Alberta
FOR THE RESPONDENT