I believe that the Charter was set up to take into account exceptional cases, such as what the world faced in untested precedent setting times following the biggest terrorist attack on Western values in history.   It's called the Notwithstanding Clause, and is every part of the Charter as every other aspect of it.  The facts leading up to this saga are clear.  Omar Khadr and his family at the time, were members of the Taliban and he and his dad were in Afghanistan.  That alone should have invoked the notwithstanding clause.  A citizen as a member of the very organization that threatens our values and way of life, certainly is an exception to being afforded all the rights and freedoms in the charter.  He and his family stood against everything the Charter stands for, and still do.  Any compensation should have taken this into account or should have been fought by our government to demonstrate that we attach more to our citizenship than a document of convenience to take advantage of.