Abdurahman Khadr - Passport Issue

Passport Issue

In July 2004, Khadr was denied a Canadian passport by Governor General Adrienne Clarkson, on the explicit advice of Foreign Affairs Minister Bill Graham, by invoking the royal prerogative. Graham claimed the decision was "in the interest of the national security of Canada and the protection of Canadian troops in Afghanistan." National security was not listed as a ground of refusal in the Canadian Passport Order at the time, thus requiring the use of royal prerogative. It was, however, added as a ground shortly thereafter on September 22, 2004. Under the terms of the amendment, the Minister was empowered to revoke or refuse to renew or issue a passport on national security grounds.

Khadr sought judicial review of the Minister's decision. On June 8, 2006, the Federal Court of Canada ruled that the Minister did not have the power to deny Khadr's passport in the absence of specific authority set out in the Canadian Passport Order, but stated in obiter dicta that if the Order were to be amended (as it had been after the fact), Khadr would likely not be able to challenge the revocation.

On August 30, 2006, the Minister of Foreign Affairs, then Peter MacKay, with the support of Prime Minister Stephen Harper, again denied Khadr's application, this time on the basis of the now-amended Canadian Passport Order.