T.O Mann, I'm aware of that, and have posted as much many times in the last two days. Original violations under Martin (and Chretien, actually), bad situation prolonged 6 years under Harper.

In my comment above, I was replying to In-my-view's far-fetched claim: "what Khadr did was in a foreign country, so he waved any charter rights right there and then. He was held in a foreign country, how in our courts eyes was Canada responsible?"  He then called SCC justices "fools at the helm", which I hope you'll agree was not without irony.

Khadr had a number of court actions on the go: one was for damages, and that had never had a trial decision, much less the SCC.  However, the main issue in that damages case was "did Canadian officials violate Khadr's Charter rights?" - and the SCC answered that - with a very firm yes - in the 2010 repatriation decision.  From that point on, a large damages award was a foregone conclusion.