Alceste, thanks for the clarification.  I believe that we are on the same page re: the SCC's rulings on the violation of Khadr's Charter rights, and that specifically, those relate to the interviews by Canadian personnel in 2003/4, the sharing of that information with the US, and an apparent delay in receiving consular assistance.  

However, the SCC also ultimately ruled that repatriation was not within the Court's jurisdiction.

So the basis for any damages/remedies would be from the 2003/4 violations, and IMHO, it would have been appropriate for the court to test those issues and offsetting factors so that Canadians would have a framework for any future instances.

Given that no party to this action is absolutely blameless, and that there were several complicating factors, including the Khadr's being an Al-Queda family (Omar wasn't exactly helping at the Yonge St. Mission), it's not certain that a large award, much less an apology was the only possible outcome.