Ques­tions about the Khadr case

The Hamilton Spectator - - OPINION -

RE: Omar Khadr

Any trial lawyer worth his salt, fol­low­ing de­po­si­tions, will write a let­ter to the client set­ting forth an opin­ion as to the po­ten­tial con­clu­sions of a trial judge or jury based on the es­tab­lished facts.

One of the con­sid­er­a­tions in this case might be the ap­pli­ca­tion of the Supreme Court of Canada de­ci­sion cap­ping an award for gen­eral dam­ages for cat­a­strophic in­juries at $400,000, which hav­ing re­gard to in­fla­tion now ap­prox­i­mates $1 mil­lion-plus.

The clients in this case are the cit­i­zens of Canada and have right to know. Ergo, I re­fute any claim to so­lic­i­tor/ client priv­i­lege.

I’m un­aware whether the suit was com­menced dur­ing the Harper regime and ques­tion why lawyers em­ployed by the Min­istry of Jus­tice were deemed in­ad­e­quate to act on be­half of the peo­ple of Canada. The $5 mil­lion in le­gal fees needs to be ques­tioned. Given the Supreme Court of Canada rul­ing, I doubt is­sue of li­a­bil­ity could se­ri­ously be in ques­tion. As to the dam­ages, I need to be con­vinced Mr. Khadr should be treated dif­fer­ently than any other cit­i­zen of Canada who has suf­fered cat­a­strophic in­juries. As to puni­tive dam­ages, my rec­ol­lec­tion is that, if granted, they might rep­re­sent 10 to 15 per cent of gen­eral dam­ages.

Hope­fully an­swers to these and other ques­tions will be forth­com­ing and Canada’s good name will never again be tarnished by the use of tor­ture. Bill Dandie, Hamil­ton

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