Omar F*****G Khadr is getting $10.5 milion

[Harry Lime]

Originally Posted by iggy_oi

I like when politicians actually make tough decisions, as long as they are informed. But I think you should be careful what you wish for in terms of a PM just bulldozing through issues, ask an American why.

Haha, fair enough. I was thinking more along the lines of Ike instead of donnie.

[CaptainCrunch]

Originally Posted by FlamesAddiction

If they went through a trial, he probably would have received more money. Not to mention by the time it was done, there could have been a different party in power. So actually yeah, they probably should have passed the buck like the 3 previous PMs did.

Or he might not have received anything, when the supreme court ruled they basically also ruled that it wasn't up to the Supreme Court to decide whether compensation was due of not, the decision of compensation was up to the government.

The only thing the supreme court stated was that they felt that Khadr's human rights were violated.

If the government had been taken to court by Khadr, they probably would have basically gone back to the Supreme Court decision that said Compensation was up to the Government.

[iggy_oi]

Originally Posted by CaptainCrunch

Or he might not have received anything, when the supreme court ruled they basically also ruled that it wasn't up to the Supreme Court to decide whether compensation was due of not, the decision of compensation was up to the government.

The only thing the supreme court stated was that they felt that Khadr's human rights were violated.

If the government had been taken to court by Khadr, they probably would have basically gone back to the Supreme Court decision that said Compensation was up to the Government.

The case likely would have went to a human rights tribunal who would have made a decision on settlement. The government could have challenged that decision in the Supreme Court. Given that the Supreme Court had already ruled in his favour on the charge that his rights were violated it is doubtful they would not have upheld the human rights commission's decision on settlement.

There is no chance the government wasn't going to have to pay Khadr a settlement.

[CaptainCrunch]

Originally Posted by iggy_oi

The case likely would have went to a human rights tribunal who would have made a decision on settlement. The government could have challenged that decision in the Supreme Court. Given that the Supreme Court had already ruled in his favour on the charge that his rights were violated it is doubtful they would not have upheld the human rights commission's decision on settlement.

There is no chance the government wasn't going to have to pay Khadr a settlement.

But they didn't explore it, like I said the Supreme Court stated that any compensation decision was up to the government.

The whole thing about him being able to receive 20 million is just spin, you could also believe that the government who actually have competent lawyers could have argued to far less then 10 million bucks.

But again, I'm arguing about how the government handled the file in a secretive manner and then designed it so that it could get around the US courts ruling on compensation to Speers widow and the Sergeant who lost an eye.

There's a reason why the Liberals timed this for Parliament to be out of session and the Prime Minster was out of town. But I believe that there have to be questions asked about the governments handling of this file.

[calgaryblood]

"Competent lawyers", please explain that Captain Crunch.

[blankall]

Originally Posted by CaptainCrunch

But they didn't explore it, like I said the Supreme Court stated that any compensation decision was up to the government.

The whole thing about him being able to receive 20 million is just spin, you could also believe that the government who actually have competent lawyers could have argued to far less then 10 million bucks.

But again, I'm arguing about how the government handled the file in a secretive manner and then designed it so that it could get around the US courts ruling on compensation to Speers widow and the Sergeant who lost an eye.

There's a reason why the Liberals timed this for Parliament to be out of session and the Prime Minster was out of town. But I believe that there have to be questions asked about the governments handling of this file.

In particulars of loss you would typically list your absolute best case scenario award. As you can always go lower, but it's very difficult to go higher.

So yes, him filing a lawsuit for 21 million is meaningless.

[iggy_oi]

Originally Posted by CaptainCrunch

But they didn't explore it, like I said the Supreme Court stated that any compensation decision was up to the government.

The Canadian human rights human rights commission is a government agency.

The whole thing about him being able to receive 20 million is just spin, you could also believe that the government who actually have competent lawyers could have argued to far less then 10 million bucks.

I'm sure those same competent lawyers were advising them every step of the way.

But again, I'm arguing about how the government handled the file in a secretive manner and then designed it so that it could get around the US courts ruling on compensation to Speers widow and the Sergeant who lost an eye.

The government likely would have had to hold a trial to determine whether Khadr was in fact guilty of killing Sergeant Speers. The biggest factor in all of this that people are continuing to ignore is the fact that the only "proof" the military court had against Khadr was a confession made after 8 years of torture which he admitted later was made to get out of Guantanamo Bay. Khadr also "confessed" to his interrogators other facts which were later proven to be false, this gives his explanation some credibility. Call him a terrorist, jihadist, unlawful combatant or whatever else you'd like, the fact of the matter is whether or not he actually killed Sergeant Speers is still very much in question. The due diligence the government would have had to go through and the likely challenge of the US courts' ruling would have cost tax payers even more money and in all likelihood would not have resulted in any money going to the deceased's family.

There's a reason why the Liberals timed this for Parliament to be out of session and the Prime Minster was out of town. But I believe that there have to be questions asked about the governments handling of this file.

Do you really believe that this won't be brought up ever again due to timing? I'm sure Trudeau and the liberals were well aware of the potential fallout from this, I can see a lot of reasons for why they handled it the way they did and why it made sense in an effort to save taxpayers additional costs, which is why I believe they simply made the best of a bad situation.

In the end would people have been happier to have had the government fight this thing to the bitter end, only to have tax payers pay an additional $10M plus legal costs, then have the money be taken from the plaintiff through another costly legal process and given to the family of his alleged victim whom he may or may not have killed?

[Makarov]

Originally Posted by iggy_oi

The case likely would have went to a human rights tribunal who would have made a decision on settlement. The government could have challenged that decision in the Supreme Court. Given that the Supreme Court had already ruled in his favour on the charge that his rights were violated it is doubtful they would not have upheld the human rights commission's decision on settlement.

There is no chance the government wasn't going to have to pay Khadr a settlement.

The legal saga of Omar Khadr is a very complex one. He (and his legal team) has initiated dozens of applications, motions, and actions over the past decade +. It is difficult to keep track of.

So, its not surprising that I think that a number of posters have confused the process in the last few pages. The SCC's 2010 decision was considering Khadr's application for judicial review. At the time, Khadr was still in US custody. Khadr had requested that the Canadian government make efforts to repatriate him. The government decided not to make any such efforts. Khadr's application challenged that decision and asked the court to order the federal government to make those efforts. The SCC held that the government had breached Khadr's international human rights and Charter rights. However, it declined to order the government to repatriate Khadr because it did not think that it had jurisdiction to order the government to repatriate Khadr. Therefore, it left it to the discretion/prerogative of the federal government to remedy the Charter breaches going forward. However, this had nothing to do with compensation for past and continuing Charter breaches.

Later, Khadr commenced an action (sued) for damages (ie, money) for Charter breaches, misfeasance in public office, etc. For obvious reasons, it was not up to the government to determine what those damages should be. Had the action proceeded to trial, it would have been up to the court to determine how to compensate Khadr. However, based (presumably) on the legal advice that it received, the federal government chose to settle the action and avoid trial.

[chemgear]

http://nationalpost.com/g00/opinion/...w.google.ca%2F

Rex Murphy: Trudeau skips the theme socks for his scheming Khadr apology

[Makarov]

Originally Posted by chemgear

http://nationalpost.com/g00/opinion/...w.google.ca%2F

Rex Murphy: Trudeau skips the theme socks for his scheming Khadr apology

I'm not sure what Murphy is nattering on about. Litigation strategy is one of the very few areas where one should not expect transparency in government.

Charter torts are a very new thing. I have no idea what a reasonable settlement might have been in these circumstances. I would be fascinated to hear an opinion in the media from experienced counsel (in terms of his or her assessment of the reasonableness of this settlement).

[Kjesse]

As far as I can tell the number is the same the Syrian guys got. There is no precedent in the courts comparable. The Arar fellow got 10.5 million also.

[Northendzone]

I think that Trudeau should have stood in front of all Canadians and explained why the payout is justified

[Fuzz]

Originally Posted by Northendzone

I think that Trudeau should have stood in front of all Canadians and explained why the payout is justified

Like this?
http://www.cbc.ca/news/politics/trud...hadr-1.4196183

[chemgear]

Originally Posted by Northendzone

I think that Trudeau should have stood in front of all Canadians and explained why the payout is justified

Originally Posted by Fuzz

Like this?
http://www.cbc.ca/news/politics/trud...hadr-1.4196183

Rather than wait a week to actually confirm the settlement after the leak and the brewing controversy I would have liked to see them publicly announce it and own it if that's what they were going to do. Especially if he believes that it is truly that important.

Not waiting for our Prime Minister to be out of the country, quietly hand over the money and only address it multiple days after the fact in Europe. Would the Canadian public even have known if it were not leaked? Hell, they still refuse to confirm the amount of money that was handed over.

Wasn't the liberal platform for openness and transparency in government? They way they did this really seems like they wanted to get him the money under the table so the widow of the soldier he killed wouldn't be able to do anything about it.

[Snuffleupagus]

Originally Posted by Fuzz

Like this?
http://www.cbc.ca/news/politics/trud...hadr-1.4196183

Did he explain how they came up with $10.5 friken million though?

I know a fellow that was hit by a government vehicle(RCMP) and spent 4 months in hospital with a broken back and crushed hand, he'll never be the same. no more hockey, hiking or even his favorite sport golf was taken from him by an out of control RCMP officer chasing another car on an icy highway.

He was awarded a lousy 640k but I guess it was because he can still do his desk job.

Trudeau is a moron, plain and simple

[MarchHare]

Originally Posted by Snuffleupagus

Did he explain how they came up with $10.5 friken million though?

I know a fellow that was hit by a government vehicle(RCMP) and spent 4 months in hospital with a broken back and crushed hand, he'll never be the same. no more hockey, hiking or even his favorite sport golf was taken from him by an out of control RCMP officer chasing another car on an icy highway.

He was awarded a lousy 640k but I guess it was because he can still do his desk job.

Trudeau is a moron, plain and simple

I suspect the $10.5M figure came about because Khadr's lawyers sued the Government of Canada for over $20M and the government's lawyers got them to agree to an out of court settlement of $10.5M. Trudeau was almost certainly not personally involved in the negotiations, nor should he have been.

[jayswin]

Originally Posted by Snuffleupagus

Did he explain how they came up with $10.5 friken million though?

I know a fellow that was hit by a government vehicle(RCMP) and spent 4 months in hospital with a broken back and crushed hand, he'll never be the same. no more hockey, hiking or even his favorite sport golf was taken from him by an out of control RCMP officer chasing another car on an icy highway.

He was awarded a lousy 640k but I guess it was because he can still do his desk job.

Trudeau is a moron, plain and simple

Wait, what? To what extent was Justin Trudeau involved in the payout process?

[iggy_oi]

Originally Posted by chemgear

Rather than wait a week to actually confirm the settlement after the leak and the brewing controversy I would have liked to see them publicly announce it and own it if that's what they were going to do. Especially if he believes that it is truly that important.

Not waiting for our Prime Minister to be out of the country, quietly hand over the money and only address it multiple days after the fact in Europe. Would the Canadian public even have known if it were not leaked? Hell, they still refuse to confirm the amount of money that was handed over.

The deal included the condition of a public apology, so yes we would have found out. Why didn't they announce it last week? Maybe the whole Canada 150 celebration? Or maybe it was planned and Trudeau was trying to stick it to Khadr like he stuck it to Alberta?

Also if the money being reported was inaccurate they would likely address that. There could also be legal issues surrounding disclosure, who knows, I highly doubt you'd be satisfied with any amount over $0 so I'm not sure why you are even making this an issue. Would you really sleep better at night having Trudeau mention this in his press conference? Or are you just looking for things to complain about?

Wasn't the liberal platform for openness and transparency in government? They way they did this really seems like they wanted to get him the money under the table so the widow of the soldier he killed wouldn't be able to do anything about it.

I don't think they owe anything to the states in regards to transparency. Maybe they don't agree with the US military court's decision to sentence someone based on a confession made after 8 years of torture either. Why is it that people don't like Khadr being given this money for something that actually happened yet they seem perfectly ok with that money being given to the family of someone he may not have even killed?

[Wormius]

Originally Posted by jayswin

Wait, what? To what extent was Justin Trudeau involved in the payout process?

For some people, it's inconceivable that there was another government in power shortly before Trudeau.

[calgaryblood]

Originally Posted by Snuffleupagus

Did he explain how they came up with $10.5 friken million though?

I know a fellow that was hit by a government vehicle(RCMP) and spent 4 months in hospital with a broken back and crushed hand, he'll never be the same. no more hockey, hiking or even his favorite sport golf was taken from him by an out of control RCMP officer chasing another car on an icy highway.

He was awarded a lousy 640k but I guess it was because he can still do his desk job.

Trudeau is a moron, plain and simple

Omar Khadr will also never be the same. he didn't hurt himself in an accident, he was tortured for 10 years and the government had a part in it.

Glad he got paid.

Trudeau didn't negotiate the money he got and some very smart lawyers who work for the government obviously thought it was the right amount.