Supreme Court: Khadr's Rights Violated

But the court, in a unanimous decision, did not order Khadr's repatriation from Gitmo.

...the court said that before stepping in to dictate a Canadian response on a sensitive question of foreign policy, the federal government must be given a chance to rectify Mr. Khadr's plight.

But should the government fail to act, the court warned that it has the power to move more overtly to aid Mr. Khadr.

[...]

if the government refuses to take adequate action to rectify the abuse of Mr. Khadr's rights, the Court warned, “courts are empowered to make orders ensuring that the government's foreign affairs prerogative is exercised in accordance with the constitution.”

Related:

The court's decision