Item – Theses Canada

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OCLC number
1019481471
Link(s) to full text
LAC copy
Author
Smith, Robert Leslie Desmond.
Title
The Company One Keeps : the Khadr II Litigation in its International and Comparative Legal Context.
Degree
LL. M. -- University of Toronto, 2011
Publisher
Ottawa : Library and Archives Canada = Bibliothèque et Archives Canada, 2012.
Description
1 online resource
Notes
Includes bibliographical references.
Abstract
<?Pub Inc> This thesis examines the extent to which the judiciary can intervene into the executive branch's power over foreign affairs. This thesis focuses on the Supreme Court of Canada's decision in 'Canada (Prime Minister) v. Omar Khadr', 2010 SCC 3 where Omar Khadr requested the judiciary to order the executive branch to request his release from American custody in Guantanamo Bay, Cuba. The Supreme Court refused Khadr's request, but issued a declaratory order stating that Khadr's rights had been violated by the Canadian government. This thesis places this decision, and its follow-on litigation, in its international and comparative context by examining the international law of diplomatic protection as well as three cases, one from the United Kingdom, one from South Africa and one from West Germany. After examining the context, this thesis concludes that the Supreme Court's decision, although flawed, was reasonable.
ISBN
9780494766545
0494766549
9780494766545