The eventual court case (this one is just about whether or not it is 'safe' to give Khadr the money now) will be interesting. For the U.S. side to win, it would have to show that the proceedings in the U.S. (GITMO, actually) are not in contravention of Canadian legal principles and procedures. And it already sounds like that is going to be a steep hill to climb. 

And I still can't understand why the family of a soldier killed in the midst of a battle can sue a combatant on the other side for his death. It seems to suggest that if the U.S. invades your country it is illegal to shoot back.