The Conservative government announced Monday it will appeal a Federal Court ruling giving it seven days to address violations of terrorism suspect Omar Khadr's constitutional rights.
Last Monday, the Federal Court of Canada ruled that the federal government had seven days to draft a list of ways to remedy the breaches of Khadr's Charter rights.
In its ruling, the court said Khadr, who is being held at the U.S. military prison in Guantanamo Bay, Cuba is entitled to "procedural fairness and natural justice."
Justice Russell Zinn ruled that the federal government has not met the standard set by the Supreme Court of Canada, which ruled in January that Khadr's rights had been violated and Ottawa must right the wrongs inflicted on the young Canadian.
Khadr has been in U.S. custody since 2002, when he was captured at the age of 15 in Afghanistan and accused of throwing a hand grenade that killed an American medic.
He is the last remaining Western citizen and youngest person being held in Guantanamo Bay.
On Monday, Justice Minister Rob Nicholson said the government will file an appeal with the Federal Court of Appeal in the case of Khadr v. Prime Minister of Canada et al.
"This case raises important issues concerning the Crown prerogative over foreign affairs," Nicholson said in a news release.
"As the Supreme Court of Canada ruled in an earlier case involving Mr. Khadr, ‘it would not be appropriate for the Court to give direction as to the diplomatic steps necessary to address the breaches of Mr. Khadr's Charter rights.'
"Omar Khadr faces very serious charges, including murder, attempted murder, conspiracy, material support for terrorism, and spying. The Government of Canada continues to provide consular services to Mr. Khadr."
The developments follow news out of Cuba Monday that Khadr won't be allowed to fire his court-appointed lawyer from his upcoming war-crimes trial.
A U.S. military judge turned down Khadr's request, during an eventful, hour-long hearing Monday morning that comes less than a month before the trial is set to begin.
Khadr previously fired his two American civilian lawyers last week and sought to sever his ties with Lt.-Col. Jon Jackson, the court-appointed lawyer, on Monday.
The 23-year-old said that he is "going to get 30 years no matter what" and there is little point in participating in a system he doesn't believe is fair.
Initially, Khadr said he wanted to represent himself at trial, but later said he intended to boycott its proceedings.
"If I was in a formal court, I wouldn't be doing this," Khadr told the judge, Army Col. Patrick Parrish.
"But because I'm in this court, I am forced to do this … How can I ask for justice from a process that doesn't have it?"
He revealed that he turned down a deal from prosecutors that would see him plead guilty, get a 30-year sentence but serve only one-sixth of that time.
"I will not let the U.S. government use me to fulfill their goals," Khadr said. "I have been used too many times as a child."
Parrish questioned Khadr about his decisions and about his mental health.
"This place is not a five-star hotel," said Khadr, "so I'm sure it's going to have an affect on me. I don't know."
Jackson -- the court-appointed lawyer Khadr wants to dismiss -- told the judge that although Khadr may be mentally fit to stand trial, he may not be in a position to represent himself.
Khadr was warned that firing his lawyers would not result in a delay to his trial.
In response, Khadr said he would like to commence the trial "as soon as possible," even before the scheduled Aug. 10 start date.
With files from The Canadian Press
