Associate Chief Justice John Rooke of the Alberta Court of Queen’s Bench was asked to determine where Omar Khadr should serve the remainder of his sentence. Mr. Khadr asked to serve his sentence in a provincial facility; the federal government wanted him placed in a federal penitentiary. Justice Rooke stated at the beginning of his decision: “…it is important to understand what this Decision is about and what it is not about. This Decision, simply and purely, is about statutory interpretation….to determine whether an offender, transferred from another country to Canada, will serve the remainder of the foreign sentence in a provincial facility for adults or a federal penitentiary.” He decided that Omar Khadr is serving both youth sentences (for murder) and adult sentences (for four other offences). Under s. 743 of the Criminal Code, persons sentenced under both the Youth Criminal Justice Act and the Criminal Code are deemed to be serving a sentence under the Criminal Code, which requires placement in a federal penitentiary.
Khadr v. Edmonton Institution, 2013 ABQB 611
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