[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!