David Pelham, Warden of the Bowden Institution, et al v. Omar Ahmed Khadr (Court File No. 36081)

The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1303-0267-AC, 2014 ABCA 225, dated July 8, 2014, was heard on May 14, 2015, and the Court on that day delivered the following judgment orally:

The Chief Justice — The only issue on this appeal is what correctional facility Mr. Khadr should be placed in. This is a question of statutory interpretation. Simply put, if Mr. Khadr’s eight-year sentence is treated as a single global sentence for all the offences to which he pleaded guilty, the sentence is under the minimum for an adult sentence, with the result that s. 20(a)(ii) of the International Transfer of Offenders Act, S.C. 2004, c. 21 (“ITOA”), applies and his sentence is to be served in a provincial facility.

On the submissions before us, we are of the view that a proper interpretation of the relevant legislation does not permit Mr. Khadr’s eight-year sentence to be treated as five distinct eight-year sentences to be served concurrently. For the purposes of placement, whatever interpretation is taken of the provisions, s. 20(a) of the ITOA applies in this case, with the result that placement should be in a provincial correctional facility.

Accordingly, we would dismiss the appeal with costs and confirm the order of the Alberta Court of Appeal that Mr. Khadr’s sentence is to be served in a provincial correctional facility for adults.