There. has. already. been. a. trial. on. that. issue.  

And a Court of Appeal hearing, and a Supreme Court of Canada hearing.  They had to establish the Charter violations before the remedy of repatriation was even considered.

The only allegations that have not yet been fully explored in court are the allegations of Charter violations covering later time periods (allegations contained in new particulars added in 2014).  

Do you really think the Liberals are consumed by their desire to spare the Harper government from exposure?  Or, more likely, this negotiated settlement was the best way to handle this long-running case.

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