The case would likely make it all the way to the SCC, at which point the court would have to determine whether it wished to discredit the law itself by supporting any kind of outrageous award. Khadr's previous success before the court was quite limited in terms of the Harper government essentially being ordered to negotiate his repatriation. The courts, including the SCC, have to keep in mind that for the rule of law to be sustained the law must also be seen by the public as legitimate. In the minds of many Canadians, this week's outcome significantly undermines the reputation and legitimacy of the law. It's no victory for anybody who cares about actual justice even if it might be strictly interpreted as consistent with the law.