Minister of Justice et al v. Omar Ahmed Khadr/Order

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MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA, MINISTER OF

FOREIGN AFFAIRS, DIRECTOR OF THE CANADIAN SECURITY INTELLIGENCE SERVICE and COMMISSIONER OF THE ROYAL CANADIAN MOUNTED POLICE v.

OMAR AHMED KHADR (F.C.) (32147)
THE COURT

UPON APPLICATION by the respondent for the following Order:

(a) Upon providing proof of consent from the Deputy Assistant Secretary of Defense for Detainee Affairs, the Respondent may file a book entitled “Respondent’s Second Fresh Evidence Record” containing the Supplemental Affidavit of Lt. Cdr. William Kuebler, and exhibiting two documents, as well as written submissions of no more than 3 pages pertaining to the content of the said Affidavit;
(b) The Crown may file written submissions of no more than 3 pages commenting upon the fresh evidence;
(c) The Registrar of the Supreme Court of Canada shall seal the Respondent’s Second Fresh Evidence Record, and the Crown’s written submissions with respect thereto and make their contents available only to counsel for the respondent, counsel for the Crown, members of this Court, and Court staff.

AND HAVING READ the material filed;

IT IS HEREBY ORDERED that:

  1. In the event that consent is received from the Deputy Assistant Secretary of Defense for Detainee Affairs, the respondent may file the proposed “Second Fresh Evidence Record”, containing the Supplemental Affidavit of Lt. Cdr. William Kuebler, and exhibiting two documents, as well as written submissions of no more than three pages pertaining to the content of the said affidavit;
  2. The material shall be delivered to the Court in sealed envelopes, and shall be kept under seal by the Registrar and made available only to counsel for the respondent, counsel for the appellants, members of this Court and Court staff;
  3. The appellants shall be entitled to file a response to the motion to file further evidence, together with written submissions of no more than three pages in the event that the sealed material is admitted as evidence.
  4. The admissibility of the respondent’s “Second Fresh Evidence Record” shall be determined by the Court hearing the appeal.
  5. There is no order as to costs.