Irrelevant as the SCOC has already ruled unanimously.

"Canada actively participated in a process contrary to its international human rights obligations and contributed to K’s ongoing detention so as to deprive him of his right to liberty and security of the person, guaranteed by s. 7 of the Charter , not in accordance with the principles of fundamental justice. Though the process to which K is subject has changed, his claim is based upon the same underlying series of events considered in Khadr 2008. As held in that case, the Charter applies to the participation of Canadian officials in a regime later found to be in violation of fundamental rights protected by international law. There is a sufficient connection between the government’s participation in the illegal process and the deprivation of K’s liberty and security of the person." ~ Canada (Prime Minister) v. Khadr, 2010 SCC 3