Khadr v. Edmonton Institution (Warden) et al., (2015) 471 N.R. 204 (SCC)

• Judge: McLachlin, C.J.C., Abella, Rothstein, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Côté, JJ.
• Court: Supreme Court (Canada)
• Case Date: May 14, 2015
• Jurisdiction: Canada (Federal)
• Citations: (2015), 471 N.R. 204 (SCC);2015 SCC 26;[2015] 2 SCR 325;322 CCC (3d) 465

Khadr v. Edmonton Institution (2015), 471 N.R. 204 (SCC)

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2015] N.R. TBEd. MY.011

David Pelham, Warden of the Bowden Institution, Attorney General of Canada and Her Majesty The Queen in Right of Alberta (appellants) v. Omar Ahmed Khadr (respondent) and interveners (36081; 2015 SCC 26; 2015 CSC 26)

Indexed As: Khadr v. Edmonton Institution (Warden) et al.

Supreme Court of Canada

McLachlin, C.J.C., Abella, Rothstein, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Côté, JJ.

May 14, 2015.

Summary:

Khadr applied for habeas corpus on the basis that s. 20(a)(ii) of the International Transfer of Offenders Act mandated his placement in a provincial correctional facility for adults.

The Alberta Court of Queen's Bench, in a decision reported at 573 A.R. 16, denied the application. Khadr appealed.

The Alberta Court of Appeal, in a decision reported at 577 A.R. 62; 613 W.A.C. 62, allowed the appeal and granted the application for habeas corpus. The Warden of the Bowden Institution, the Attorney General of Canada and the Province of Alberta appealed.

The Supreme Court of Canada dismissed the appeal.

Habeas Corpus - Topic 1000

Grounds for issue of writ - Detention - Requirement of unlawful detention - [See Prisons - Topic 1026 ].

Prisons - Topic 1026

Administration - Powers re prisoners - Transfers (incl. international transfers) - Khadr applied for habeas corpus on the basis that s. 20(a)(ii) of the International Transfer of Offenders Act (ITOA) mandated his placement in a provincial correctional facility for adults - The chambers judge denied the application - The decision was premised on the sentence being, under Canadian law, five concurrent sentences of eight years for each offence - The Alberta Court of Appeal held that the chambers judge erred in law - The Supreme Court of Canada dismissed the appeal - "This is a question of statutory interpretation. Simply put, if Mr. Khadr's eight-year sentence is treated as a single global sentence for all the offences to which he pleaded guilty, the sentence is under the minimum for an adult sentence, with the result that s. 20(a)(ii) ... applies and his sentence is to be served in a provincial facility. ... [A] proper interpretation of the relevant legislation does not permit Mr. Khadr's eight-year sentence to be treated as five distinct eight-year sentences to be served concurrently. For the purposes of placement, whatever interpretation is taken of the provisions, s. 20(a) of the ITOA applies in this case, with the result that placement should be in a provincial correctional facility."

Statutes Noticed:

International Transfer of Offenders Act, S.C. 2004, c. 21, sect. 20(a)(ii) [para. 1].

Counsel:

[None disclosed].

Solicitors of Record:

[None disclosed].

This appeal was heard on May 14, 2015, before McLachlin, C.J.C., Abella, Rothstein, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Côté, JJ., of the Supreme Court of Canada. McLachlin, C.J.C., delivered the following judgment orally on that same date.