Case information
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36081
David Pelham, Warden of the Bowden Institution, et al. v. Omar Ahmed Khadr
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-05-27 | Transcript received, (98 pages) | |
| 2015-05-26 | Appeal closed | |
| 2015-05-21 | Correspondence received from, counsel for the appellants, David Pelham, Warden of the Bowden Institution and the Attorney General of Canada, consenting to the request made by the respondent to have the judgment amended. | David Pelham, Warden of the Bowden Institution |
| 2015-05-20 | Correspondence received from, counsel for the respondent requesting an amendment to the judgment on appeal. | Omar Ahmed Khadr |
| 2015-05-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-05-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-05-14 |
Judgment on the appeal rendered, REVISED May 28, 2015, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1303-0267-AC, 2014 ABCA 225, dated July 8, 2014, was heard on May 14, 2015, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — The only issue on this appeal is what correctional facility Mr. Khadr should be placed in. This is a question of statutory interpretation. Simply put, if Mr. Khadr’s eight-year sentence is treated as a single global sentence for all the offences to which he pleaded guilty, the sentence is under the minimum for an adult sentence, with the result that s. 20(a)(ii) of the International Transfer of Offenders Act, S.C. 2004, c. 21 (“ITOA”), applies and his sentence is to be served in a provincial facility. On the submissions before us, we are of the view that a proper interpretation of the relevant legislation does not permit Mr. Khadr’s eight-year sentence to be treated as five distinct eight-year sentences to be served concurrently. For the purposes of placement, whatever interpretation is taken of the provisions, s. 20(a) of the ITOA applies in this case, with the result that placement should be in a provincial correctional facility. Accordingly, we would dismiss the appeal with costs and confirm the order of the Alberta Court of Appeal that Mr. Khadr’s sentence is a youth sentence to be served in a provincial correctional facility for adults Dismissed, with costs |
|
| 2015-05-14 | Respondent's condensed book, Submitted in Court (14 copies) | Omar Ahmed Khadr |
| 2015-05-14 | Appellant's condensed book, Submitted in Court (!4 copies) | Her Majesty the Queen in Right of Alberta |
| 2015-05-14 | Appellant's condensed book, Submitted in Court (14 copies) | David Pelham, Warden of the Bowden Institution |
| 2015-05-14 |
Hearing of the appeal, 2015-05-14, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment rendered |
|
| 2015-05-12 | Correspondence received from, Nathan Whitling dated 2015-05-12. Re: Response to the letter of the Court (Sent to the Court on 2015-05-12) | Omar Ahmed Khadr |
| 2015-05-11 | Correspondence received from, Doreen Mueller dated 2015-05-11. Re: Response to the letter of the Court (Sent to the Court on 2015-05-12) | Her Majesty the Queen in Right of Alberta |
| 2015-05-11 | Correspondence received from, 6 reserved seats requested | Amnesty International Canada |
| 2015-05-11 | Notice of appearance, François Larocque, Fannie Lafontaine and David Taylor will be present at the hearing. | Amnesty International Canada |
| 2015-05-11 | Correspondence received from, Sharlene Telles-Langdon dated 2015-05-11. Re: Response to the letter of the Court (Sent to the Court on 2015-05-12) | David Pelham, Warden of the Bowden Institution |
| 2015-05-11 | Appeal perfected for hearing | |
| 2015-05-11 |
Order by, Wa, FURTHER TO THE ORDER dated April 14, 2015, granting leave to intervene to Amnesty International Canada and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT: 1. Amnesty International Canada is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. 2. The factum of the Canadian Civil Liberties Association will be considered without the need for oral argument. Granted |
|
| 2015-05-11 | Correspondence received from, Sharlene Telles-Langdon dated 2015-05-11. Re: Pursuant to rule 92.1, changes to the record (Sent to the Court on 2015-05-12) | David Pelham, Warden of the Bowden Institution |
| 2015-05-08 | Correspondence (sent by the Court) to, All parties. Re: Requesting submissions on whether appeal has been rendered premature | |
| 2015-05-07 | Supplemental document, Book of authorities, Completed on: 2015-05-07 | David Pelham, Warden of the Bowden Institution |
| 2015-05-07 | Reply factum on appeal, Completed on: 2015-05-07 | David Pelham, Warden of the Bowden Institution |
| 2015-05-07 | Notice of appearance, Doreen Mueller will be present at the hearing. | Her Majesty the Queen in Right of Alberta |
| 2015-04-30 | Intervener's book of authorities, Completed on: 2015-04-30 | Amnesty International Canada |
| 2015-04-30 | Intervener's factum, Completed on: 2015-04-30 | Amnesty International Canada |
| 2015-04-30 | Intervener's book of authorities, Completed on: 2015-04-30 | Canadian Civil Liberties Association |
| 2015-04-30 | Intervener's factum, Completed on: 2015-04-30 | Canadian Civil Liberties Association |
| 2015-04-29 | Notice of appearance, Jasmine Akbarali and Gillian Hnatiw will be present at the hearing. | Canadian Civil Liberties Association |
| 2015-04-27 | Order on miscellaneous motion, (by the DEPUTY REGISTRAR) | |
| 2015-04-27 |
Decision on miscellaneous motion, (Revised April 28, 2015), DeRg, UPON APPLICATION by the Attorney General of Canada for an order substituting David Pelham, Warden of the Bowden Institution, as an appellant in the present proceedings to replace the existing appellant, Kelly Hartle, Warden of the Edmonton Institution; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The request is granted. Granted |
|
| 2015-04-27 | Submission of miscellaneous motion, DeRg | |
| 2015-04-22 | Notice of appearance, Nathan Whitling and Dennis Edney, Q.C. will be present at the hearing. | Omar Ahmed Khadr |
| 2015-04-21 | Notice of appearance, Ms. Sharlene Telles-Langdon and Mr Michael Taylor will appear at the hearing and Ms. Telles-Langdon will do the oral arguments. 5 reserved seating. | David Pelham, Warden of the Bowden Institution |
| 2015-04-20 | Correspondence received from, (Letter Form), Appellant, HMTQ - Alberta consents to the request of the AG of Canada to substitute the name of the proceeding. | Her Majesty the Queen in Right of Alberta |
| 2015-04-17 | Correspondence received from, Respondent, re: no objection to request to change the name of the proceeding | Omar Ahmed Khadr |
| 2015-04-17 | Notice of miscellaneous motion, (Letter Form), Appellants, AG of Canada, re: change the name of the proceeding, Completed on: 2015-04-17 | Attorney General of Canada |
| 2015-04-14 | Order on motion for leave to intervene, (by WAGNER J.) | |
| 2015-04-14 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATIONS by Amnesty International Canada, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Justice for Children and Youth and the Canadian Coalition for the Rights of Children for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of Amnesty International Canada and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before April 30, 2015. The motions for leave to intervene by the British Columbia Civil Liberties Association and Justice for Children and Youth and the Canadian Coalition for the Rights of Children are dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. The appellants and the respondent are permitted to serve and file a factum not exceeding five (5) pages in reply to these interventions on or before May 7, 2015. Allowed in part |
|
| 2015-04-14 | Submission of motion for leave to intervene, Wa | |
| 2015-04-08 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-04-08 | British Columbia Canadian Civil Liberties Association |
| 2015-04-08 | Other book of authorities, (Book Form), BOA of CCLA on motion for leave to intervene , Completed on: 2015-04-08 | Canadian Civil Liberties Association |
| 2015-04-08 | Reply to the motion for leave to intervene, Completed on: 2015-04-08 | Canadian Civil Liberties Association |
| 2015-04-02 | Certificate of counsel (attesting to record) | Omar Ahmed Khadr |
| 2015-04-02 | Respondent's book of authorities, Completed on: 2015-04-02 | Omar Ahmed Khadr |
| 2015-04-02 | Respondent's record, Completed on: 2015-04-02 | Omar Ahmed Khadr |
| 2015-04-02 | Respondent's factum, Completed on: 2015-04-02 | Omar Ahmed Khadr |
| 2015-04-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-04-02 | Attorney General of Canada |
| 2015-04-01 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-04-01 | Omar Ahmed Khadr |
| 2015-03-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-03-31 | Her Majesty the Queen in Right of Alberta |
| 2015-03-30 | Response to the motion for leave to intervene, (Book Form), CCLA, Completed on: 2015-03-31 | David Pelham, Warden of the Bowden Institution |
| 2015-03-30 | Response to the motion for leave to intervene, (Letter Form), CCLA, Completed on: 2015-03-30 | Omar Ahmed Khadr |
| 2015-03-26 | Motion for leave to intervene, (Book Form), Completed on: 2015-03-26 | Justice for Children and Youth and Canadian Coalition for the Rights of Children |
| 2015-03-26 | Motion for leave to intervene, (Book Form), Completed on: 2015-03-26, (Electronic version filed on 2015-04-07) | Amnesty International Canada |
| 2015-03-26 | Motion for leave to intervene, (Book Form), Completed on: 2015-03-26, (Electronic version filed on 2015-04-08) | British Columbia Canadian Civil Liberties Association |
| 2015-03-19 | Motion for leave to intervene, (Book Form), Completed on: 2015-03-19 | Canadian Civil Liberties Association |
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 |
Appeal hearing scheduled, 2015-05-14 Judgment rendered |
|
| 2015-03-06 | Appellant's book of authorities, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-06) | David Pelham, Warden of the Bowden Institution |
| 2015-03-06 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-03-06) | David Pelham, Warden of the Bowden Institution |
| 2015-03-06 | Appellant's record, (Book Form), Vol. 1 and 2, Completed on: 2015-03-06, (Electronic version filed on 2015-03-06) | David Pelham, Warden of the Bowden Institution |
| 2015-03-06 | Appellant's factum, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-06) | David Pelham, Warden of the Bowden Institution |
| 2015-03-06 | Appellant's book of authorities, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-10) | Her Majesty the Queen in Right of Alberta |
| 2015-03-06 | Appellant's factum, (Book Form), Completed on: 2015-03-06, (Electronic version filed on 2015-03-10) | Her Majesty the Queen in Right of Alberta |
| 2015-02-23 | Correspondence received from, Supreme Advocacy LLP will be acting as Ottawa Agent for Counsel for the Respondent. | Omar Ahmed Khadr |
| 2015-02-16 | Order on motion to add or substitute parties, (by WAGNER J.) | |
| 2015-02-16 |
Decision on motion to add or substitute parties, Wa, UPON APPLICATION by Her Majesty the Queen in Right of Alberta, for an order pursuant to Rules 18(5) and 22(4) of the Rules of the Supreme Court of Canada, to be added as an Appellant Party to the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-02-16 | Submission of motion to add or substitute parties, Wa | |
| 2015-02-10 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2015-02-10 | Attorney General of Canada |
| 2015-02-05 | Response to motion to add or substitute parties, (Letter Form), Completed on: 2015-02-05 | Omar Ahmed Khadr |
| 2015-01-30 | Motion to add or substitute parties, (Book Form), Completed on: 2015-01-30 | Her Majesty the Queen in Right of Alberta |
| 2015-01-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-01-12 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. The appellants’ record, factum and book of authorities shall be served and filed on or before March 6, 2015. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 27, 2015. 3. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before April 2, 2015. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 8, 2015. 5. The respondent’s record, factum and book of authorities shall be served and filed on or before April 17, 2015. 6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 30, 2015. Granted |
|
| 2015-01-09 | Notice of appeal, Completed on: 2015-01-09, (Electronic version filed on 2015-01-09) | David Pelham, Warden of the Bowden Institution |
| 2014-12-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-12 | Judgment on leave sent to the parties | |
| 2014-12-11 |
Judgment of the Court on the application for leave to appeal, The motion for a further stay of execution of the respondent’s transfer to a provincial correctional facility for adults, until the Court determines the appeal, is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1303-0267-AC, 2014 ABCA 225, dated July 8, 2014, is granted. Granted |
|
| 2014-12-11 |
Decision on the motion for a stay of execution Granted |
|
| 2014-11-17 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-11-17 | Submission of motion for a stay of execution, LeB Ka Ga | |
| 2014-10-24 | Respondent's response on the application for leave to appeal, Completed on: 2014-10-24 | Omar Ahmed Khadr |
| 2014-09-25 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2014-09-25 | |
| 2014-09-25 | Correspondence received from, Bruce Hughson dated 2014-09-24. Re: Stay of execution | David Pelham, Warden of the Bowden Institution |
| 2014-09-25 | Certificate (on limitations to public access) | David Pelham, Warden of the Bowden Institution |
| 2014-09-25 | Motion for a stay of execution, (Included in the application for leave to appeal), Completed on: 2014-09-25 | David Pelham, Warden of the Bowden Institution |
| 2014-09-25 | Application for leave to appeal, C/A order missing - Rec'd on 2014-09-26, Completed on: 2014-09-26 | David Pelham, Warden of the Bowden Institution |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| David Pelham, Warden of the Bowden Institution | Appellant | Active |
| Attorney General of Canada | Appellant | Active |
| Her Majesty the Queen in Right of Alberta | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Khadr, Omar Ahmed | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| Amnesty International Canada | Intervener | Active |
Counsel
Party: David Pelham, Warden of the Bowden Institution
Counsel
Cameron Regehr
Michael Taylor
Prairie Regional Office
301-310 Broadway Avenue
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-0862
FAX: (204) 984-8495
Email: Sharlene.Telles-Langdon@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Canada
Counsel
Cameron Regehr
Michael Taylor
Prairie Regional Office
301-310 Broadway Avenue
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-0862
FAX: (204) 984-8495
Email: Sharlene.Telles-Langdon@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Her Majesty the Queen in Right of Alberta
Counsel
9th Floor Peace Hills Trust Tower
10011-109 Street
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-1295
FAX: (780) 427-1230
Email: doreen.mueller@gov.ab.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Khadr, Omar Ahmed
Counsel
Dennis Edney, Q.C.
300-10110 107 St. N.W.
Edmonton, Alberta
T5J 1J4
Telephone: (780) 421-4766
FAX: (780) 429-0346
Email: whitling@libertylaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Civil Liberties Association
Counsel
Gillian T. Hnatiw
130 Adelaide Street West
Suite 2400
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-2401
Email: jakbarali@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Amnesty International Canada
Counsel
Fannie Lafontaine
David P. Taylor
130, rue Albert, bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5560
FAX: (613) 702-5560
Email: flarocque@juristespower.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Sentencing - Extraordinary remedies - Habeas corpus - Stay of proceedings - Canadian citizen was formerly detained by United States for murder, attempted murder, conspiracy, terrorist activities and spying - He pled guilty and agreed to eight-year sentence with transfer to Canada after first year under International Transfer of Offenders Act (“ITOA”) - Transfer resulted in placement in federal correctional facility - Offender applied for habeas corpus on basis ITOA mandated his placement in provincial correctional facility - Chambers judge dismissed his habeas corpus application but Court of Appeal allowed it and ordered his transfer to provincial correctional facility for adults - Court of Appeal then stayed his transfer to provincial correctional facility for adults until this Court determines leave application - Whether offender, transferred from another country to Canada, must serve remainder of his foreign single sentence on multiple convictions in federal correctional facility or provincial correctional facility for adults? - What standard of review is applicable to Correctional Service of Canada’s ITOA interpretation and by that of lower courts? - International Transfer of Offenders Act, S.C. 2004, c. 21.
The respondent, Mr. Omar Khadr, is a Canadian citizen who was found fighting in Afghanistan in 2002 at 15 years of age. Mr. Khadr was detained for eight years by the United States government in Guantanamo Bay, Cuba, before he pled guilty to five offences (the equivalent offences under Canadian law were first degree murder, attempted murder, participation in terrorist group activities, commission of offences for a terrorist group and spying for the enemy). He was sentenced to eight-years’ imprisonment, with the first year to be served in the custody of the United States. After that first year, Mr. Khadr applied under the International Transfer of Offenders Act, S.C. 2004, c. 21 (ITOA), to serve the remainder of his sentence in Canada. Upon Mr. Khadr’s transfer to Canada, correctional officials assigned a sentence value to each of his offences. They interpreted his sentence as five separate concurrent sentences of eight years each, with Mr. Khadr to serve the balance of the sentence in a federal correctional facility. Mr. Khadr applied for habeas corpus on the basis that the ITOA mandated his placement in a provincial correctional facility. Under s. 20 of the ITOA, an adult Canadian who committed offences between the ages of 12 and 17 is to be detained in a provincial correctional facility for adults if the sentence imposed by the foreign entity would have been a youth sentence had the offence been committed in Canada.
Lower court rulings
Court of Queen’s Bench of Alberta
1303 11220, 2013 ABQB 611
Application for habeas corpus dismissed. Respondent ordered to remain in a federal correctional facility.
Court of Appeal of Alberta (Edmonton)
1303-0267-AC, 2014 ABCA 225
Appeal allowed and application for habeas corpus granted. Respondent ordered transferred to a provincial correctional facility for adults.
Memorandums of argument on application for leave to appeal
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Factums on appeal
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If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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