PRACTICE |
Pleadings |
Motion to Strike |
Khadr v. Canada (Attorney General)
T-536-04
2004 FC 1394, von Finckenstein J.
13/10/04
9 pp.
Plaintiff Omar Khadr 17-year-old Canadian citizen detained since 2002 by U.S. government as result of alleged involvement with Al-Qaida forces in Afghanistan--Currently held at Camp Delta in Guantanamo Bay--Alleging Canadian government agents interviewed him, provided information so obtained to U.S. officials--Arguing by failing to advise plaintiff of right to silence, right to counsel, defendants allegedly infringed rights under Canadian Charter of Rights and Freedoms--Seeking declaration Charter rights breached, damages, injunction against further interrogation--Defendants moved for order striking out statement of claim on basis not disclosing reasonable cause of action--For purposes of considering motion to strike, Court must assume all allegations made can be proven--Whether Charter rights engaged when agents of Canadian authorities assisted U.S. authorities in interrogation of Omar Khadr at Guantanamo Bay--Reasons for arresting, justification for detaining Omar Khadr somewhat murky--Where s. 7 rights in play, there must be reasonable foreseeable connection between Canada's action, violation of Charter--S. 7 rights must be considered in context--Impossible at this time to make contextual analysis--Statement of claim relatively sparse in terms of what actually happened at Guantanamo Bay--Several questions had to be answered first--Once all questions answered, possible to establish context, make necessary analysis, then determine if Khadr's Charter rights engaged or not--Statement of claim could not be struck, at this point, for failing to disclose cause of action--Motion dismissed-- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.