I can't think of a situation off of the top of my head. However, Khadr's case isn't exactly typical. I am reminded of a number of cases, though, where Western nations extradited their nationals out of Guantanamo.
The role of the Charter in situations like this indicate that if a right of a Canadian citizen is violated and it happens to be outside of our boarders, this could require an extradition request. Since our aim is to uphold the contents of the Charter where our citizens are concerned, a violation of rights should put the government in a position where they do what they can to rectify it. And that was a ruling made last year by a federal court when they ruled in favour of forcing the Harper government to extradite Khadr (which was subsequently appealed).
For the record, these were the sections of the Charter that were pertinent to the ruling:
Quote:
|
Originally Posted by Charter of Rights and Freedoms
Democratic Rights Mobility of citizens
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Legal Rights
Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
[...]
Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Enforcement
Enforcement of guaranteed rights and freedoms
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. |
And so in this ruling, the "remedy" was to have the federal government extradite Khadr so that he could face actual justice.
I'm not viewing this as a "rescue." I'm viewing this as the government upholding a very important aspect of our nation. I view as important such things as due process of the law, the rule of law, and ensuring that when these things fail to happen that it is rectified.
The failure of the government to continue to ignore this is a bit unnerving. When the Supreme Court of Canada rules unanimously that the governement has violated to Charter of Rights and Freedoms and the government ignores it, what are we supposed to think?
There is far more evidence of Omar Khadr's abuse than there is of his committing the crime he is accused of.
Shall we just draw this to a close right now? Correct me if I'm wrong....
- You are more concerned with terrorism than you are with a lawful society.
- I am more concerned with a lawful society than I am with terrorism.
Is this why we are reaching an impasse?
You are, at least, more concerned with keeping an accused child soldier out of our system of law than you are with our government's refusal to uphold the Charter of Rights and Freedoms. I find that interesting and at least a little bit disconcerting.
It might be oversimplified, but, as
roachboy says, this is a forum.