In a 2-1 judgment in August, the appeal court agreed with a Federal Court judge's ruling that Khadr's rights under Section 7 of the Charter of Rights and Freedoms — the rights to life, liberty and security of person — had been breached when Canadian officials interviewed him at the prison in Guantanamo in 2003 and shared the resulting information with U.S. authorities.
Some other Western countries have intervened to get their citizens out of Guantanamo but the Canadian government has maintained that Khadr should face military proceedings in the United States due to the serious nature of the charges.
The Conservatives have also argued they are being consistent with the position of previous Liberal governments that refused to intervene and seek Khadr's repatriation.
The appeal court also dismissed the claim that there is little chance the U.S. will abide by the repatriation request, since the U.S has complied with similar requests from other Western countries.
The Supreme Court will hear arguments in the case on Nov. 13.