Attorney-General of Canada on Behalf of the United States of America v. Khadr

Abstract

Extradition — Extradition process — Judicial phase — Misconduct by requesting State — Respondent suffering human rights violations — Whether continuation of extradition proceedings constituting abuse of judicial process — Scope of judicial role — Whether extradition judge having jurisdiction to grant a stay — Whether case warranting a stay

Terrorism — Requesting State seeking extradition of respondent on terrorism charges — Misconduct by requesting State — Respondent suffering human rights violations — Societal interest in bringing alleged terrorists to justice — Democracy and rule of law — Whether prevailing despite threat from terrorism — The law of Canada