Ottawa voids Khadr decision (Harper Conservatives defy Court on dead wrong WOT ruling)

The Globe and Mail (Toronto, Canada) ^ | Wednesday, August 30, 2006 | COLIN FREEZE

[GMMAC]

PING!

[Bigh4u2]

""It's sort of, 'Don't fight us, we're the government, we're not going to let you win.' "

No, it's more like 'what part of TERRORIST SYMPATHIZER don't you understand?'

[The Blitherer]

"It's sort of, 'Don't fight us, we're the government, we're not going to let you win.' "

Well, I'm assuming that in the WOT, that's the message most Canadians are HOPING their government is sending.

[Former Proud Canadian]

They are finally getting tough with these b*stards.

Why did they let this punk out of Gitmo? If the US wants to extradite the whole family, I say gift wrap them in chains for Uncle Sam. These are not the kind of Canadians I want in my country.

[Paleo Conservative]

Why did they let this punk out of Gitmo?

I think some Cretin requested his release.

[CaptainCanada]

No, it's more like 'what part of TERRORIST SYMPATHIZER don't you understand?'

Actually, it's more like "Hey Courts, who do you think died and left you in charge? The people of Canada elected us to lead the country and ensure its survival, so get the f**k out of the way".
The days of having lawyers and courts run the country are coming to an end.

[GMMAC]

Granting the request was foolish - at least his pigscum brother remains at Gitmo.

[Bigh4u2]

"The days of having lawyers and courts run the country are coming to an end."

Now if they'd only do that her in the U.S.

(waiting.waiting....still waiting) (sigh)

[MD_Willington_1976]

The whole family needs to have a multiple negligent discharge while cleaning firearms accident...

[conservative in nyc]

It sounds like the government is applying the new passport law to his application, not directly violating the court order (which was based on the old law).

[GMMAC]

From the article: "In the ruling, Judge Phelan suggested that Mr. Khadr could face some hurdles in his passport application since national-security considerations were written into passport law after his case came to light. Mr. MacKay has now denied that reapplication using the new rules."

While I'm not particularly a fan of Peter McKay's as there's a lot of red-Toryism (RINOism) in his political history, he is a former Crown Prosecutor and seemingly a pretty smart lawyer.

This is actually a brilliant and big time ballsy move: essentially, the Harper government is daring activist Judges to attempt to overrule "black letter law" aimed at combating terrorism (Islamofascism).

If the Judges want a showdown with Parliament as to who's ultimately in charge, Harper & McKay couldn't possibly have picked more favorable terrain upon which to fight any battle for public opinion.

Smart money says the Judges realize as much & will be the ones to blink if Khadr now opts to challenge the law itself.

BTW, I'm amazed this thread hasn't generated 100+ comments from Canadian FReepers alone - this is truly huge!

[concrete is my business]

This news put a big smile on my face.

PMSHs ministers are working very well together.

I hope to see a strong and united front from the Conservatives once Parliament opens again too.

[JBGUSA]

The Khadrs are a disgrace, and need to be booted; with extreme prejudice.

[Clive]

I think that the Court has already admitted the government's right when it inserted obiter dictum to the efect that Khadr would not be immune to the new rules.

It seems to me that the obiter dictum was deliberately put into the reasons for judgment and if Khadr tries to take the new denial back to the court the obiter will quickly become ratio decidendi.

Otherwise why put it in the reasons for judgment?

[Clive]

-

[NorthOf45]

Ottawa voids Khadr decision

Excellent news ... excellent indeed. Now, let's revoke the rest of the family's passports and be done with the scum.

[Clive]

Trust the Globe and Mail to write a misleading headline to put a spin on the story.

Canada did not "void" the court's decision, not did it deny his application "despite" the court's ruling.

The court's decision was fully executed. He won his appeal on the basis of a different statutory provision that was in effect at the time of his application. The government obeyed the court when it accepted a fresh application from Khadr.

But even in the court's reasons there was obiter dicta to the effect tht Khadr's fresh application would be governed by the new rules that had been passed while the appeal was under way and that the new rules would govern and that they would not be favourable to Khadr's case.

The story glided past the obiter dicta and the headline was just plain misleading.

Agreed that obiter dicta are not binding but they are a clear signal as to how the court would be disposed to rule if the issue came before it.

[GMMAC]

Pondering this latest response for the past 8+ months ???

Bear in mind billing by the hour for legal opinions is often light years easier than collecting.

[Clive]

You are right.

Somehow this thread had just come up in response to a search term and I had not notices its antiquity, nor my earlier reply when I tossed off this most recent reply.