It's obvious now that even if the Supreme Court agrees to hear the case - it will only win the government some time. But those few months can actually make a difference - if the government has the courage to act.
What's needed is a legislation that would allow the government to strip people like Khadr of the citizenship which they don't deserve. The law must be clear - anyone who joins the army of a hostile nation (not to mention - a militant terrorist organization) should therefore lose his Canadian citizenship, with all the benefits and protections it offers. Since the bill would apply equally to both born and naturalized citizens - the courts won't be able to strike it down as "discriminatory". (Or - at the least - they'd have a hard time doing so, and using the non-withstanding clause in this case would be justified.)
If the government had the courage to enact such a law during their more than 3 years in power, they wouldn't have to spend time and taxpayers' money in a desperate attempt to explain those bleeding-heart-Liberals in the Supreme Court why Khadr, a jihadi combatant with a Canadian passport, should stay in Guantanamo, instead of being brought to Canada and awarded hefty compensation for the "undue hardship" that he suffered under "those evil American imperialists".
But there's still some time left. The bill that puts an end to Khadr khrap can still be introduced. The government can even go as far as making it a matter of confidence to ensure that it passes within reasonable time-frame. Judging from the thumbs-up and thumbs-down, received by the pro- and anti-Khadr commenters, the opposition (especially - the Liberals) just won't dare to trigger an election over the bill that rids Canada of Khadr and other militant jihadis alike once and for all.
So, if the government is serious about stopping foreign combatants from using their Canadian passports of convenience to avoid prosecution for their crimes - let them act as soon as the Parliament reconvenes from the summer recess. Or let them concede defeat. Because the time of half-measures is running out.