Federal Court justice Michael Phelan ruled yesterday that, self-described 'black sheep' son of 'Canada's al-Qaeda family', Abdurahman Kadhar had his rights trampled when former Foreign Affairs Minister Bill Graham invoked royal prerogative and denied Kahdar a Canadian Passport.
The Federal Court ruled Friday that Ottawa can't deny former Guantanamo Bay detainee Abdurahman Khadr a Canadian passport because of national security concerns. The court has ruled that the federal government was wrong to deny Khadr's application for the travel document in 2004.
"There were no stated grounds upon which to refuse to issue the passport," Phelan said.
New anti-terror provisions didn't legally exist when Khadr made his application. For that reason, Phelan ordered that the Canadian Passport Office reconsider Khadr's application under the old rules.
. . . The newer provisions allow the foreign affairs minister to "refuse or revoke a passport in the interest of the national security of Canada or another country."
Toronto civil rights lawyer Clayton Ruby had argued that Ottawa's decision to deny a passport to his client is a violation of his Charter rights and personal autonomy.
Khadr was captured in Afghanistan by the Northern Alliance [November 2001]. Khadr applied for a replacement passport in April 2004 but was denied the travel document because of national security concerns and a potentially negative public reaction.
. . . The family has had a strained relationship with Canadian authorities since it was revealed that the family's patriarch was reputed to be an al Qaeda financier and close associate of Osama bin Laden.
Egyptian-born Canadian Ahmed Said Khadr was killed in a gun battle with U.S.-led coalition forces in Pakistan in October 2003.
Each of the five Khadr siblings, all of whom are Canadian citizens, has at one time or another been separately accused or investigated for alleged links to terrorism.
Now, I assume that young master Kadhar is currently residing in Canada. I think we should not only issue him a Canadian passport, but also offer him a vacation anywhere in the world for all the trouble we've caused him.
Once he's safely on foreign soil THEN we simply cancel his passport.