Cases
SCC Case Information
Docket
33289
Prime Minister of Canada, et al. v. Omar Ahmed Khadr
(Federal Court) (Civil) (By Leave)
| Date | Proceeding | Filed By (if applicable) |
|
|---|---|---|---|
| row 1 | 2010-08-30 | Bill of costs, (Amended Bill of Costs filed Sept.1/10), Completed on: 2010-09-01 | Omar Ahmed Khadr |
| row 2 | 2010-02-01 | Appeal closed | Not applicable |
| row 3 | 2010-02-01 | Formal judgment sent to the registrar of the court of appeal and all parties | Not applicable |
| row 4 | 2010-02-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | Not applicable |
| row 5 | 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 |
| row 6 | 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 |
Not applicable |
| row 7 | 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 |
| row 8 | 2009-12-14 | Media lock-up request accepted | Not applicable |
| row 9 | 2009-12-14 | Media lock-up consent form received from | Omar Ahmed Khadr |
| row 10 | 2009-12-07 | Media lock-up consent form received from | Prime Minister of Canada |
| row 11 | 2009-12-04 | Media lock-up letter, agreement and consent form sent to all parties | Not applicable |
| row 12 | 2009-12-03 | Transcription received, (105 pages) | Not applicable |
| row 13 | 2009-12-01 | Media lock-up requested | Not applicable |
| row 14 | 2009-11-13 | Judgment reserved OR rendered with reasons to follow | Not applicable |
| row 15 | 2009-11-13 | Hearing of the appeal, 2009-11-13, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
Not applicable |
| row 16 | 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 |
| row 17 | 2009-11-13 | Intervener's condensed book, Filed at the hearing | National Council For the Protection of Canadians Abroad |
| row 18 | 2009-11-13 | Respondent's condensed book, Filed at the hearing | Omar Ahmed Khadr |
| row 19 | 2009-11-13 | Appellant's condensed book, Filed at the hearing | Prime Minister of Canada |
| row 20 | 2009-11-13 | Acknowledgement and consent for video taping of proceedings, Consent of all parties | Not applicable |
| row 21 | 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) |
| row 22 | 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 |
| row 23 | 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 |
| row 24 | 2009-11-10 | Correspondence (sent by the Court) to, all parties re: videoconference of Nov. 13/09 | Not applicable |
| row 25 | 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 |
| row 26 | 2009-11-10 | Correspondence received from, Jessica Orkin by fax, re.: request for 1 reserved seat at the hearing | Canadian Civil Liberties Association |
| row 27 | 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 |
| row 28 | 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 |
| row 29 | 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 |
| row 30 | 2009-11-06 | Correspondence received from, M.-F. Major rec<d by fax, re.: request for 3 reserved seats at the hearing | Omar Ahmed Khadr |
| row 31 | 2009-11-05 | Correspondence received from, J.G. Johnston by fax, re.: request for 6 reserved seats at the hearing | Prime Minister of Canada |
| row 32 | 2009-11-05 | Correspondence received from, L. Goubau by fax, re.: request for 2 seats at the hearing | Avocats sans frontières Canada |
| row 33 | 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 |
| row 34 | 2009-11-05 | Correspondence received, 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) | Not applicable |
| row 35 | 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 |
| row 36 | 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) |
| row 37 | 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 |
| row 38 | 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 |
| row 39 | 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 |
| row 40 | 2009-10-28 | Notice of appearance, Brian Greenspan will be appearing | Criminal Lawyers' Association (Ontario) |
| row 41 | 2009-10-28 | Notice of appearance, Marlys Edwardh, Adriel Weaver and Jessica Orkin will be appearing | Canadian Civil Liberties Association |
| row 42 | 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 |
| row 43 | 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 |
| row 44 | 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 |
| row 45 | 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 |
| row 46 | 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 |
| row 47 | 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 |
| row 48 | 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, . |
Not applicable |
| row 49 | 2009-10-21 | Appeal perfected for hearing | Not applicable |
| row 50 | 2009-10-20 | Intervener's book of authorities, Vol. 1 to 3, Completed on: 2009-10-20 | Avocats sans frontières Canada |
| row 51 | 2009-10-20 | Intervener's factum, Completed on: 2009-10-20 | Avocats sans frontières Canada |
| row 52 | 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) |
| row 53 | 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) |
| row 54 | 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 |
| row 55 | 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 |
| row 56 | 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) |
| row 57 | 2009-10-20 | Intervener's factum, Respondent and Interveners agreed to service by e-mail, Completed on: 2009-10-27 | Criminal Lawyers' Association (Ontario) |
| row 58 | 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 |
| row 59 | 2009-10-20 | Intervener's factum, Respondent and Interveners agreed to service by e-mail, Completed on: 2009-10-27 | Canadian Bar Association |
| row 60 | 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 |
| row 61 | 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 |
| row 62 | 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 |
| row 63 | 2009-10-20 | Intervener's factum, with consent for service by e-mail, Completed on: 2009-10-20 | British Columbia Civil Liberties Association |
| row 64 | 2009-10-20 | Intervener's book of authorities, Completed on: 2009-10-20 | Canadian Civil Liberties Association |
| row 65 | 2009-10-20 | Intervener's factum, Completed on: 2009-10-20 | Canadian Civil Liberties Association |
| row 66 | 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 |
| row 67 | 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 |
| row 68 | 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 |
| row 69 | 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 |
| row 70 | 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 |
| row 71 | 2009-10-13 | Respondent's book of authorities, Vol. 1 to 3, Completed on: 2009-10-13 | Omar Ahmed Khadr |
| row 72 | 2009-10-13 | Respondent's factum, Completed on: 2009-10-13 | Omar Ahmed Khadr |
| row 73 | 2009-10-06 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | Amnesty International (Canadian Section, English Branch) |
| row 74 | 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, . |
Not applicable |
| row 75 | 2009-10-05 | Reply to the motion for leave to intervene, Completed on: 2009-10-05 | Criminal Lawyers' Association (Ontario) |
| row 76 | 2009-10-05 | Submission of motion for leave to intervene, Ro |
Not applicable |
| row 77 | 2009-10-05 | Reply to the motion for leave to intervene, Completed on: 2009-10-05 | Canadian Bar Association |
| row 78 | 2009-10-05 | Reply to the motion for leave to intervene, Completed on: 2009-10-05 | National Council For the Protection of Canadians Abroad |
| row 79 | 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 |
| row 80 | 2009-10-05 | Reply to the motion for leave to intervene, by the Appellants, Completed on: 2009-10-05 | Amnesty International (Canadian Section, English Branch) |
| row 81 | 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 |
| row 82 | 2009-10-02 | Reply to the motion for leave to intervene, 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 |
| row 83 | 2009-10-02 | Reply to the motion for leave to intervene, by the Appellants, Completed on: 2009-10-02 | Avocats sans frontières Canada |
| row 84 | 2009-10-02 | Reply to the motion for leave to intervene, by the Appellants, Completed on: 2009-10-02 | National Council For the Protection of Canadians Abroad |
| row 85 | 2009-10-01 | Response to the motion for leave to intervene, to all nine proposed interveners, Completed on: 2009-10-01 | Prime Minister of Canada |
| row 86 | 2009-09-29 | Motion for leave to intervene, (bookform), Completed on: 2009-09-29 | National Council For the Protection of Canadians Abroad |
| row 87 | 2009-09-29 | Motion for leave to intervene, (bookform), Completed on: 2009-09-29 | Canadian Civil Liberties Association |
| row 88 | 2009-09-29 | Motion for leave to intervene, (bookform), Completed on: 2009-09-30 | Avocats sans frontières Canada |
| row 89 | 2009-09-28 | Motion for leave to intervene, Completed on: 2009-09-28 | Canadian Bar Association |
| row 90 | 2009-09-28 | Motion for leave to intervene, Completed on: 2009-09-28 | Criminal Lawyers' Association (Ontario) |
| row 91 | 2009-09-28 | Motion for leave to intervene, (bookform), Completed on: 2009-09-28 | British Columbia Civil Liberties Association |
| row 92 | 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 |
| row 93 | 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 |
| row 94 | 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) |
| row 95 | 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 |
| row 96 | 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 |
| row 97 | 2009-09-22 | Appellant's factum, CD missing - Rec'd on Sept. 28, 2009, Completed on: 2009-09-29 | Prime Minister of Canada |
| row 98 | 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 |
| row 99 | 2009-09-10 | Notice of hearing sent to parties | Not applicable |
| row 100 | 2009-09-10 | Letter advising the parties of the tentative hearing date and filing deadlines | Not applicable |
| row 101 | 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 |
| row 102 | 2009-09-09 | Appeal hearing scheduled, 2009-11-13, (start time 9:00) Judgment reserved |
Not applicable |
| row 103 | 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 | Not applicable |
| row 104 | 2009-09-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | Not applicable |
| row 105 | 2009-09-08 | Judgment on leave sent to the parties | Not applicable |
| row 106 | 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., Bi Cha Ro |
Not applicable |
| row 107 | 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., Bi Cha Ro |
Not applicable |
| row 108 | 2009-09-04 | Decision 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., Bi Cha Ro, 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 |
Not applicable |
| row 109 | 2009-08-28 | Submission of motion for a stay of execution, Bi Cha Ro |
Not applicable |
| row 110 | 2009-08-28 | Submission of motion to expedite the application for leave to appeal, Bi Cha Ro |
Not applicable |
| row 111 | 2009-08-28 | All materials on application for leave submitted to the Judges, Bi Cha Ro |
Not applicable |
| row 112 | 2009-08-28 | Applicant's reply to respondent's argument, Completed on: 2009-09-01 | Prime Minister of Canada |
| row 113 | 2009-08-28 | Respondent's response on the application for leave to appeal, Completed on: 2009-08-28 | Omar Ahmed Khadr |
| row 114 | 2009-08-27 | Response to the motion to expedite the application for leave to appeal, 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 |
| row 115 | 2009-08-27 | Response to the motion for a stay of execution, 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 |
| row 116 | 2009-08-25 | Letter acknowledging receipt of a complete application for leave to appeal | Not applicable |
| row 117 | 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 |
| row 118 | 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 |
| row 119 | 2009-08-25 | Application for leave to appeal, Completed on: 2009-08-25 | Prime Minister of Canada |
