The Government of Canada knew that Omar Khadr was being abused in a GITMO prison camp, and because of this, must ask the United States to repatriate him, ruled a federal appeals court on Friday.

Canadian judges Karen Sharlow and John Evans, said that officials violated Mr. Khadr's Charter rights by interrogating him at Guantanamo while he was under duress and then sharing that information with the Americans, according to a report from The Globe and Mail;

“While Canada may have preferred to stand by and let the proceedings against Mr. Khadr in the United States run their course, the violation of his Charter rights by Canadian officials has removed that option,” the decision states. 

“The knowing involvement of Canadian officials in the mistreatment of Mr. [Omar] Khadr in breach of international human rights law, in particular by interviewing him knowing that he had been deprived of sleep in order to induce him to talk, ‘opens up a different dimension’ of a constitutional and justiciable nature." 

Canadian Prime Minister Steven Harper, hinted that his government will appeal the majority 2-1 ruling, rather than comply with the courts decision to ask Americans to hand over the young Canadian citizen. He said that officials would review the courts decision before deciding the governments next move.

The Globe also pointed out that Mr. Harper twice highlighted the fact that one of the judges had sided with the government.

“I'm aware there is a decision that has been rendered. Apparently it is a split decision,” Harper told reporters in Quebec.

At a news conference, Liberal foreign affairs critic Bob Rae said Canada has a moral obligation to ask for repatriation;

“The government's legal case has been blown out of the water,” said Rae, acknowledging that there is little public sympathy for Khadr or his family. (Although the Coalition to Repatriate Omar Khadr has held rallies in Toronto)

“Frankly, there isn't a choice,” he said. “We can't choose between different levels of citizenship.”

In April federal courts ruled that Canada must ask the United States to hand over Khadr, a decision that was appealed by Harpers government, who argued that the courts had no business in foreign affairs. At a hearing in June, Harpers legal team suggested that these decisions should be left entirely in the hands of the Prime Minister and his cabinet.