PDA

View Full Version : Legal opinion on the Khadr payout



Magi
08-12-2017, 12:04 PM
Legal opinions confirming what most Canadians instinctively knew, summary:

In sum, based on the law and the facts as we know them today, had Khadr’s case been litigated to judgment, it is highly unlikely (i) that Khadr would have proved any of the tort law claims on a balance of probabilities, and (ii) that, even if he established liability against Canada for the various torts and everything else had gone his way at trial, the court would have ordered Canada to pay Khadr anything close to the $10.5 million the government has now paid him voluntarily.

http://www.ruleoflaw.ca/the-legal-case-against-the-khadr-settlement/


More on the issue:

At the end of the day, while the Charter protects the fundamental rights of those like Khadr, that does not mean that a violation of a particular right leads inexorably to any particular remedy. It does not mean that compensation follows, or that it is justified from a legal policy perspective. Much nuance has been left out of the public comments on the Khadr settlement. Many have found it appropriate to simply say that a damages award, no matter the quantum, is justified because of the violation of Khadr’s rights. That may be a sound political argument. But the law requires more. It would be appropriate to see observers engage with the legal justifications for Charter damages rather than political justifications. Moreover, it would be helpful for analysts to recognize the limitations of the law in predicting the ceiling on an award of Charter damages. Engaging on those terms will improve the state of constitutional remedies and provide more convincing analysis.

http://www.ruleoflaw.ca/a-respectful-dissent-from-the-khadr-consensus/

RangeBob
08-12-2017, 01:55 PM
What 3 legal minds think about the Omar Khadr settlement
Jul 12, 2017
http://www.cbc.ca/news/politics/omar-khadr-legal-analysis-aaron-wherry-1.4199409

Billythreefeathers
08-12-2017, 02:29 PM
What 3 legal minds think about the Omar Khadr settlement
Jul 12, 2017
http://www.cbc.ca/news/politics/omar-khadr-legal-analysis-aaron-wherry-1.4199409

CBC,,, that's all I need to know

DBenn
08-12-2017, 02:48 PM
Opinions, opinions from everywhere but nothing from a Constitutional expert yet.

Or has there been?

LB303
08-12-2017, 02:58 PM
Where's the $10M cheques for the families of WO Patrice Vincent and Cpl Nathan Cirillo?

GTW
08-12-2017, 03:19 PM
Where's the $10M cheques for the families of WO Patrice Vincent and Cpl Nathan Cirillo?
or for the families of the 159 we lost fighting people like Khadr in Afghanistan? Or for the families of those 54 Canadian military members who committed suicide since 2014 due to severe PTSD?

Here's another point of view:


9/11 victim's wife disgusted by $10.5M Khadr deal

By Kevin Connor, Toronto Sun

First posted: Saturday, July 22, 2017 05:54 PM EDT | Updated: Saturday, July 22, 2017 06:20 PM EDT

The widow of a Toronto businessman killed in the World Trade Centre on 9/11 says its sickening that the Liberal government has allowed terrorist Omar Khadr to play the victim card and collect $10.5 million.

Maureen Basnicki’s husband, Ken Basnicki, was in New York City on business when he was killed in the North Tower on Sept. 11, 2001.

She says the “imbalance in the justice system” reared its ugly head with Khadr’s Las Vegas-like payout.

“I feel the same as the majority of Canadians,” Basnicki said. “It’s excessive and it irks me my tax dollars are going to a self-confessed member of a terrorist organization.”

“There are just so many reasons I object to it,” added the advocate for the rights of Canadian terror victims.

“The current Liberal government is jumping over hoops to make Khadr the victim and neglects to acknowledge his true victims,” Basnicki said. “There isn’t an equal balance between perpetrators and victims when it comes to their rights.”

Khadr, a Canadian detained by the U.S. for 10 years, pleaded guilty to war crimes for throwing a grenade that killed an American soldier during a 2002 firefight in Afghanistan.

After his capture Khadr was sent to the U.S. detention camp in Guantanamo Bay.

In 2006, Khadr was sentenced to an eight years but was repatriated to Canada in 2012 to serve out the remainder of his prison time.

He was released in 2015 and disputed his conviction saying he only pleaded guilty to be able to return to Canada.

Khadr sued the Canadian government for infringing on his rights under the Charter of Rights and Freedom and was given a $10.5 million settlement along with an apology from the federal government.

The move was wildly unpopular and sparked outrage by veterans, the public and politicians north and south of the border.

Basnicki says it’s still painful how poorly the government treats Canadians who are victimized outside the country.

“I want to see Canadian victims of violent crime recognized even if it happens outside our borders,” she said.

When her husband was killed, Basnicki received compensation from the U.S., not from Ottawa.

“I would have hoped the government would have been equally concerned about my rights as a victim of terrorists. The (Canadian) government even came after me for taxes owed by my late husband,” said Basnicki, adding it was at the time “when I was receiving my first shipment of body parts.”

“Victims want a just society, but rights and justice shouldn’t be just for the bad guys,” she said.

Basnicki would have preferred the Khadr case to have been settled in a court.

“Making a rich man out of a confessed terrorist. What message does that send?” she said.

“Some days I just want to turn it all off but I can’t because I’m a proud Canadian. I respect the rule of law, but I’m trying to change it where possible.”

Basnicki says a better Canada would have a Bill of Rights for victims of crime and care for Canadian citizens subject to terror or violence outside of the country.

kconnor@postmedia.com

speedloader
08-12-2017, 11:21 PM
yep selphie the clown hero has successfully given anybody who suffered any thing
due to terrorist acts anywhere , and anybody who served to try and stop this threat the middle
finger by kissing this guys ass legally or not ...we know where his priourities are
it's an embarrassing time to be a Canadian if you ask me although Id never vote
for this party of complete self serving incompetent idiots if they were the last party on earth but it still reflects on us all

Relic49
08-13-2017, 04:55 AM
I'll say it again.How can anyone who voted liebral in the last election can call themselves a Canadian, and be proud of themselves.