The respondent, detained at Guantanamo Bay, brought a motion for a sealing order to file fresh evidence obtained from US proceedings.
The appellants brought motions to strike arguments from the respondent's and interveners' factums alleging that Canadian officials violated s. 7 of the Charter and international law.
The Supreme Court of Canada granted the sealing order to allow the filing of the fresh evidence, leaving its admissibility to the panel hearing the appeal.
The Court dismissed the appellants' motions to strike, finding that the arguments were sufficiently raised below and that issues of factual basis and justiciability should be determined on the main appeal.
