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Digest of the Week — Khadr v. Edmonton Institution


Khadr v. Edmonton Institution |  (WestlawNext Canada)
2014 CarswellAlta 1182 | 
Alberta Court of Appeal

Civil practice and procedure | Practice on appeal | Appeal to Supreme Court of Canada | Stay pending appeal

Accused, Canadian citizen, was charged with crimes related to murder and terrorism against U.S. armed forces members in Afghanistan — Crimes were committed while accused was minor — Accused pleaded guilty and was sentenced to 8-year "unitary" sentence — Accused was returned to Canadian penitentiary — Accused brought habeas corpus application, claiming that he should be housed in reformatory instead — Application was dismissed, but accused successfully appealed — Respondent Attorney-General moved for leave to appeal judgment of appeals court to Supreme Court of Canada — Attorney-General applied for stay of appeals court judgment, pending leave to appeal motion — Application granted — There was potential for disruption of correctional plan of accused, if accused was released to reformatory rather than penitentiary — Irreparable harm could be done both to Attorney-General and accused if plan was not properly carried out — Counsel for accused were under instructions to accede to stay application — Stay was to remain in place until leave decision was made by Supreme Court.
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