@Alceste - the Charter questions needed to be answered, and the potential implications of Canada being obliged to repatriate most or all detained Canadians worldwide would make anything paid to Khadr (even $30,40,50M) completely insignificant in the long run.

The SCC ruled correctly that it did not have the authority to order repatriation of an Canadian, regardless of their other comments.

That then raises the question of 'what do you do with the person that's in the middle of this test case?'.  Are they to be held in perpetuity until all the court proceedings are finished?  Or is/are there alternate ways of dealing with him them to balance the interests of all parties?  Note that I'd proposed some combo of Canadian detention and formal inquiry.

Of the 10 years, the US refused repatriation for at least the first 4 or 5

- they disallowed consular assistance 

- it's unlikely that the CDN contingent could have seen Khadr in '03-4 without some compromise to the US

to be cont'd