I suppose it's conceivable, had George W. Bush still been in power, that the justices of the Supreme Court would have arrogated to themselves the power to determine how the government conducts Canada's most important foreign policy relationship.
And, looking at the decisions of some lower courts, it's even conceivable that the nine justices would have done so with Barack Obama in power - even during the week that the Americans are discussing how to bring to justice the man who murdered 12 of their soldiers at Fort Hood.
However, now that the Obama administration has decided to prosecute Omar Khadr, the nine justices of the Supreme Court of Canada should adjourn the hearing that began this morning.
The issue is no longer what the Government of Canada should do in its relations with the United States. The issue now is whether the government of Canada should interfere with the administration of justice in the United States.
It's virtually inconceivable to believe that our Supreme Court would order a Canadian government to take that step. But that's a separate issue, and it would require the filing of new arguments by all sides if the nine justices are foolhardy enough even to adjudicate it.Report Typo/Error