Welcome Back Khadr: Re-Examining Extraterritorial Applicability of the Charter after the Omar Khadr Decisions and Amnesty International v. the Canadian Forces
Canadian Bar Association Military Law Section, 2011 Sword & Scale Essay Prize Winner
20 Pages Posted: 11 Nov 2012
Date Written: June 14, 2011
Several recent cases involving the treatment of Omar Khadr by Canadian officials and a challenge by Amnesty International concerning the conduct of the Canadian Forces in Afghanistan have brought the issue of extraterritorial application of the Canadian Charter of Rights and Freedoms to centre stage. The Khadr cases surround issues of his detention, questioning and extradition by Canadian officials, while Amnesty International Canada and the BC Civil Liberties Association brought an application for judicial review of the conduct of the CF with respect to detainees held by Canadians in Afghanistan. This paper will argue that these precedents are inconsistent, and the Khadr decisions have moved the bar for the extraterritorial conduct of the Canadian agents, such that the Charter may apply in some circumstances to the actions of the military and those they whom they detain in conflict zones such as Afghanistan.
Keywords: Khadr, extraterritoriality, Charter, Canada, Amnesty International, Canadian Forces
Suggested Citation: Suggested Citation