Khadr v. Canada (Minister of Justice) et al., (2006) 290 F.T.R. 313 (FC)

Judgevon Finckenstein, J.
CourtFederal Court (Canada)
Case DateApril 10, 2006
JurisdictionCanada (Federal)
Citations(2006), 290 F.T.R. 313 (FC);2006 FC 509

Khadr v. Can. (2006), 290 F.T.R. 313 (FC)

MLB headnote and full text

Temp. Cite: [2006] F.T.R. TBEd. MY.020

Omar Ahmed Khadr (applicant) v. The Minister of Justice and Attorney General of Canada, The Minister of Foreign Affairs, The Director of the Canadian Security Intelligence Service and The Commissioner of The Royal Canadian Mounted Police (respondents)

(T-3-06; 2006 FC 509)

Indexed As: Khadr v. Canada (Minister of Justice) et al.

Federal Court

von Finckenstein, J.

April 25, 2006.

Summary:

Khadr, a Canadian citizen, was a prisoner at a U.S. military detention camp in Guantanamo Bay, Cuba. He faced charges of conspiracy, murder by an unprivileged belligerent, attempted murder by an unprivileged belligerent, and aiding the enemy. Khadr's counsel wrote to the respondents demanding copies of all materials in the possession of all departments of the Crown in Right of Canada which might be relevant to the charges against Khadr. No response was received. Khadr applied for judicial review of the respondents' decision not to respond to the demand for disclosure and he sought an order in the nature of mandamus directing the respondents to provide full and complete disclosure. Khadr argued that under s. 7 of the Charter he had a constitutional right to disclosure of all material in the respondents' possession that was relevant to the charges against him.

The Federal Court dismissed the application.

Civil Rights - Topic 3128

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right of accused to obtain information or evidence - Khadr, a Canadian citizen, was a prisoner at a U.S. military detention camp in Guantanamo Bay, Cuba - He faced charges of conspiracy, murder by an unprivileged belligerent, attempted murder by an unprivileged belligerent, and aiding the enemy - Khadr's counsel demanded copies of all materials in the possession of all departments of the Crown in Right of Canada which might be relevant to the charges against Khadr - Khadr applied for judicial review of the respondents' decision not to respond to the demand for disclosure - Khadr argued that under s. 7 of the Charter he had a constitutional right to disclosure of all material in the respondents' possession that was relevant to the charges against him - He further argued that by virtue of Purdy v. Canada (A.G.) (B.C.C.A.), s. 7 applied to prosecutions in foreign jurisdictions where Canadian authorities were in possession of materials that could be used by the applicant to defend himself against the foreign charges - The Federal Court dismissed the application - Purdy stood for the exceptional case where disclosure could be justified if peculiar factual circumstances arose - This case was different - There was no analogy to Purdy and no basis for applying s. 7 of the Charter.

Civil Rights - Topic 8306

Canadian Charter of Rights and Freedoms - Application of - Territorial limits - [See Civil Rights - Topic 3128 ].

Cases Noticed:

R. v. Stinchcombe, [1991] 3 S.C.R. 326; 130 N.R. 277; 120 A.R. 161; 8 W.A.C. 161; 68 C.C.C.(3d) 1, refd to. [para. 8].

Purdy v. Canada (Attorney General), [2003] B.C.T.C. 725; 226 D.L.R.(4th) 761 (S.C.), affd. (2003), 188 B.C.A.C. 195; 308 W.A.C. 195; 230 D.L.R.(4th) 361; 2003 BCCA 447, consd. [para. 8].

R. v. Cook (D.R.), [1998] 2 S.C.R. 597; 230 N.R. 83; 112 B.C.A.C. 1; 182 W.A.C. 1; 164 D.L.R.(4th) 1, refd to. [para. 12].

Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3; 281 N.R. 1; 2002 SCC 1, consd. [para. 13].

Apotex Inc. v. Merck & Co. and Merck Frosst Canada Inc., [1994] 1 F.C. 742; 162 N.R. 177 (F.C.A.), refd to. [para. 21].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 7].

Counsel:

Nathan Whitling and Dennis Edney, for the applicant;

Doreen Mueller, for the respondents.

Solicitors of Record:

Parlee McLaws LLP, Edmonton, Alberta, for the applicant;

John H. Sims, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This application was heard on April 10, 2006, at Winnipeg, Manitoba, before von Finckenstein, J., of the Federal Court, who delivered the following decision on April 25, 2006.

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6 practice notes
  • Labour and Human Rights
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...before disclosure. 118 114 Canada (Prime Minister) v Khadr , [2010] 1 SCR 44 at para 24. 115 Khadr v Canada (Minister of Justice) , 2006 FC 509, von Finckenstein J. 116 Canada (Justice) v Khadr , [2008] 2 SCR 125 at para 8 [ Khadr SCR], referring to the decision in Khadr v Canada (Minis......
  • A Brief History of the Federal Court of Appeal and the Federal Court
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...v Canada (Attorney General) , 2014 FC 651 [ Canadian Doctors for Refugee Care ]. 9 For example, Khadr v Canada (Minister of Justice) , 2006 FC 509, reversed 2007 FCA 182, and Charkaoui v Canada (Citizenship and Immigration) , [2004] 3 FCR 32 [ Charkaoui FC], af’d 2004 FCA 421 [ Charkaoui FC......
  • Khadr v. Canada (Minister of Justice) et al., (2007) 362 N.R. 378 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 13, 2007
    ...under s. 7 of the Charter to disclosure of all material relevant to the charges against him. The Federal Court, in a decision reported at 290 F.T.R. 313, dismissed the application. The court held that the Charter did not have extraterritorial application in this case. Khadr The Federal Cour......
  • Khadr v. Canada (Minister of Justice) et al., (2008) 375 N.R. 47 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • March 26, 2008
    ...records of the interviews. The request was refused. Khadr applied for an order of mandamus. The Federal Court, in a decision reported at 290 F.T.R. 313, dismissed the application. Khadr The Federal Court of Appeal, in a decision reported at 362 N.R. 378 , allowed the appeal. The court orde......
  • Request a trial to view additional results
4 cases
  • Khadr v. Canada (Minister of Justice) et al., (2007) 362 N.R. 378 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 13, 2007
    ...under s. 7 of the Charter to disclosure of all material relevant to the charges against him. The Federal Court, in a decision reported at 290 F.T.R. 313, dismissed the application. The court held that the Charter did not have extraterritorial application in this case. Khadr The Federal Cour......
  • Khadr v. Canada (Minister of Justice) et al., (2008) 375 N.R. 47 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • March 26, 2008
    ...records of the interviews. The request was refused. Khadr applied for an order of mandamus. The Federal Court, in a decision reported at 290 F.T.R. 313, dismissed the application. Khadr The Federal Court of Appeal, in a decision reported at 362 N.R. 378 , allowed the appeal. The court orde......
  • Khadr v. Canada (Minister of Justice) et al., (2008) 395 N.R. 260 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • March 20, 2008
    ...to strike. Editor's Note: The previous decisions of the Federal Court and the Federal Court of Appeal in this matter are reported at (2006), 290 F.T.R. 313 and (2007), 362 N.R. Courts - Topic 1408 Administration - General - Sealing of documents - Khadr was apprehended by the American milit......
  • Khadr v. Prime Minister (Can.) et al., 2009 FC 405
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • October 28, 2008
    ...would assist Mr. Khadr in defending the charges against him. The application was dismissed ( Khadr v. Canada (Minister of Justice) (2006), 290 F.T.R. 313; 2006 FC 509 ), but Mr. Khadr appealed successfully ( Khadr v. Canada (Minister of Justice) et al. (2007), 362 N.R. 378 ; 2007 FCA 182......
2 books & journal articles
  • Labour and Human Rights
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...before disclosure. 118 114 Canada (Prime Minister) v Khadr , [2010] 1 SCR 44 at para 24. 115 Khadr v Canada (Minister of Justice) , 2006 FC 509, von Finckenstein J. 116 Canada (Justice) v Khadr , [2008] 2 SCR 125 at para 8 [ Khadr SCR], referring to the decision in Khadr v Canada (Minis......
  • A Brief History of the Federal Court of Appeal and the Federal Court
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • October 4, 2021
    ...v Canada (Attorney General) , 2014 FC 651 [ Canadian Doctors for Refugee Care ]. 9 For example, Khadr v Canada (Minister of Justice) , 2006 FC 509, reversed 2007 FCA 182, and Charkaoui v Canada (Citizenship and Immigration) , [2004] 3 FCR 32 [ Charkaoui FC], af’d 2004 FCA 421 [ Charkaoui FC......

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