Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

FIDS Case Analysis You can do a case analysis on the extradition case: United States ot'Amcrica v. Khujir, 2m I using the to mplalc below

image text in transcribed
FIDS Case Analysis You can do a case analysis on the extradition case: United States ot'Amcrica v. Khujir, 2m I using the to mplalc below to organize your thoughts: FacmWhat are the facts of the case? (summary of the facts of the case re. how did it come to court in the first place?) 0 Who has brought the case to the SCC (Plaintiff? The Crown?) 0 Who is the defendant in original case(s)? 0 Only relevant details are included (possibly a section of a law that is the focus of the trials - What were the decisions of the lower courts? l.e. originat trial. the court of appeal the issue(s}: 0 Which rights under the Universal Declaration of Human Rights would be violated? o What are the questions the Court is being asked to answer? 0 ls the decision of a lower court being disputed? Why? 'his is usaah'y the shortest part of the analysis. ecision: ('Held') 0 What did the Supreme Court decide, i.e. what did the Court decide in regards to the issues? (your decision section should directly address the issues before the Court) e What were the reasons for the decision? e Did all the judges agree? How many judges dissented (disagreed with the majority)? What were the dissenting opinions? - Mr. Khadr's father was associated with Osama Bin Laden. the alleged mastermind of the 9111 attacks. The family returned to Pakistan sometime after the invasion. . ~ The United States alleged that in 2004 and 2006, Mr. Khadr provided Al Qaeda with weapons and explosives to be used against the United States and coalition forces in Afghanistan because of that the \"-5 Paid $500,000 to Pakistan's Inter-Services intelligence (iSI) to apprehend Mr. Khadr. -Articlc 3 Everyone has the right to life, liberty and security of person. -Article 6 Everyone has the right to recognition everywhere as a person before the law. -The Supreme Court of Canada (SCC) had previousiy decided that a judge can order a stay to prevent an abuse of process if forcing an accused person to stand trial would violate the community's sense of fair play. -The reason for this rule is that. even if the prosecution of the person is merited. a judge may permit a stay to maintain public condence in the legal and judicial process. In this case, the Ontario Court of Appeal decided that an extradition judge has the residual power to stay proceedings as that power lies at the heart of the courts' integrity and independence. -The Supreme Court also unanimously found that Canada had breached Khadr's rights under the Canadian Charter of Rights and Freedoms

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith and Roberson Business Law

Authors: Richard A. Mann, Barry S. Roberts

15th Edition

1285141903, 1285141903, 9781285141909, 978-0538473637

More Books

Students also viewed these Law questions