In a blunt 3-0 ruling, Justice David Stratas wrote that the federal judge who said Ottawa is obligated to bring four Canadians home had transformed a right of return into a government duty to rescue people from disastrous choices
The ruling by Justice Stratas expresses in strong terms that Justice Brown went off the rails in his ruling.
In that case, too, a Federal Court judge had ordered Canada to ask the U.S. to repatriate Mr. Khadr. Mr. Nadon ridiculed that notion, and the Supreme Court ultimately declined to order Ottawa to seek his repatriation. The court “rejected and discredited” the looser approach in two Charter cases in the past three years, one from Quebec and one from Ontario, Justice Stratas said, and the court restored its more rigorous vision.
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