argyle5663, you should go back and reread my original comment. There you will see that the repatriation case and the damages case were interconnected and that the the 2010 decision confirmed the main issue of the damages case - Charter violation liability - making compensation in the damages case a foregone conclusion.

And you're wrong, the only damages case began in 2004, with later amendments of both remedy and compensation sought (you can check it out - the 2004 docket number remained the same.)

As I also said, in my original comment - offfsetting the factor you mention in Arar's favour are the facts that he was 32 to Khadr's 16, and Canada's violations kept him in prison for 1 year, while Khadr was in Guantanamo for 10. 

The scale of damages for Charter violations is much higher than the scale for civil damages, which is - as your lawyer friend said - quite conservative.  That is so whether it's a trial judge or the SCC.

Labels: moderation: safe