Padraic Ryan, “After Khadr: The Role of Citizenship in Extra-Territorial Constitutional Claims”

Padraic Ryan has posted on SSRN an article entitled: After Khadr: The Role of Citizenship in Extra-Territorial Constitutional Claims, 3rd Annual Canadian Law Student Conference, March 2010. The abstract reads:

In the wake of two recent Federal Court of Appeal decisions holding that non-citizens can never be protected by the Canadian Charter of Rights and Freedoms outside of Canada, even in the context of violations of international law, this paper canvasses American and British jurisprudence on non-citizens’ claims from Guantanamo and Iraq, respectively. It argues a jurisdictional approach, neutrally applied to citizens and non-citizens, is not the Pandora’s Box many jurists fear. Canadian courts should follow British decisions finding jurisdiction in British military prisons on foreign territory and that international law allows substantial flexibility in the resolution of these claims on the merits.

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