2008 FC 336 -- Canadian Prisoners in Afghanistan

Date: 20080312
Docket: T-324-07
Citation: 2008 FC 336
Ottawa, Ontario, March 12, 2008
PRESENT: The Honourable Madam Justice Mactavish
BETWEEN:
AMNESTY INTERNATIONAL CANADA and
BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION
Applicants
and
CHIEF OF THE DEFENCE STAFF
FOR THE CANADIAN FORCES,
MINISTER OF NATIONAL DEFENCE and
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR ORDER AND ORDER
MOTION PURSUANT TO RULE 107


"For the reasons that follow, I have concluded that while detainees held by the Canadian Forces in Afghanistan have the rights accorded to them under the Afghan Constitution and by international law, and, in particular, by international humanitarian law, they do not have rights under the Canadian Charter of Rights and Freedoms."

[emphasis added -- NK]