OTTAWA - The Supreme Court of Canada will hear the federal government's appeal of a ruling which ordered it to seek the return of Omar Khadr from Guantanamo, Cuba.
The court which, as usual, gave no reasons for its Friday decision, also formally stayed the lower-court order.
The justices will hear the appeal Nov. 13, possibly in the midst of a federal election campaign.
The Liberals have said the Khadr case, and others in which Canadians have run into trouble abroad, are examples of how the Conservative government has failed in its duty to citizens.
Nathan Whitling, an Edmonton lawyer representing Khadr, said the ruling wasn't a surprise.
"This was not an unexpected decision," he said. "The case obviously raises issues of importance and we remain quite confident in our position."
Justice Minister Rob Nicholson refused to comment on the appeal because the case is still before the courts.
The Foreign Affairs Department issued a statement repeating the government's position -- that Khadr faces serious charges and the American process should be allowed to play out before Ottawa steps in.
The statement noted that President Barack Obama has said he will close the prison at Guantanamo and re-evaluate the status of the prisoners.
"It is in our interest to wait for the outcome of these decisions just put forward by President Obama. The Government of Canada has taken its responsibilities with regards to Mr. Khadr, and we will also take our responsibilities when the U.S. Government shares its decision on this case."
Liberal Leader Michael Ignatieff said the government should not be appealing the case.
"We find it extraordinary that the Conservative government would take this right up to the Supreme Court when we're talking about a Canadian citizen," he told reporters in Vancouver.
The Federal Court originally told the government to bring Khadr home. The Federal Court of Appeal reinforced that with a 2-1 ruling that dismissed a government challenge of the first order.
Successive Conservative and Liberal governments have refused to ask the United States to return the Toronto-born Khadr from Guantanamo Bay where he has been held for seven years.
Khadr is accused of killing a U.S. soldier in Afghanistan during a skirmish when he was 15. He's now 22.
The Harper government has rejected a chorus of demands from the opposition and others to deal with Khadr's case at home in Canada.
The government line is that he faces charges of murder, attempted murder, conspiracy, material support for terrorism and spying and the legal process must be followed.
The U.S. opened military court proceedings against Khadr four years ago, but they remain up in the air.
Ignatieff said Khadr's rights as a citizen should be the main concern.
"A Canadian is a Canadian is a Canadian," he said.
Opposition politicians argue that Khadr was a child at the time of his capture in Afghanistan and is himself a victim. They want him brought home to face justice here.
The Federal Court ruled in April that the Conservative government must ask the United States to return Khadr "as soon as practicable."
It said Canada's refusal to request his repatriation offends fundamental justice and violates Khadr's constitutional rights to life, liberty and security of the person.
The appeal court last month rejected the government's bid to overturn the decision, saying the conduct of Canadian officials who interviewed Khadr at Guantanamo amounted to "knowing participation" in his mistreatment.
Canadian officials questioned Khadr at Guantanamo and shared the results of their interrogations with the Americans.
The appeal court said the principles of fundamental justice do not permit the questioning of a prisoner to obtain information after he has been subjected to cruel and abusive treatment to induce him to talk.
"Canada cannot avoid responsibility for its participation in the process at the Guantanamo Bay prison by relying on the fact that Mr. Khadr was mistreated by officials of the United States, because Canadian officials knew of the abuse when they conducted the interviews, and sought to take advantage of it," the majority ruling said.
Public release of a video in which a teenaged Khadr cries for his mother sparked an international uproar last year.
In May 2008, the Supreme Court ruled Canada had taken part in a foreign process that breached its international human-rights obligations.
The Khadr family has gained notoriety for apparent ties to al-Qaida leader Osama bin Laden. The patriarch of the family was killed in a shootout with Pakistani security forces in 2003. His youngest son was wounded and left a paraplegic in that same skirmish.
His family's dealings shouldn't be a consideration, Ignatieff said.
"Canadians have different views about Mr. Khadr's conduct, but that's not the issue. This man is a Canadian citizen."
