Baloo416, I've been posting about the nature of the 36 written Khadr decisions for a few days, so I'm quite familiar with them, thanks.  Legislation at any time since 2004, particularly since 2010, would fall afoul of the rule against retroactivity, in my opinion. 

There would be other problems with legislation purporting to tell courts what verdict they must come to in a case already begun - problems of interfering with the constitutional principle of judicial independence that do not fall within the scope of section 33.

Stephen Harper had the opportunity to try out such legislation, and god knows his government didn't leave many stones unturned in their campaign against Khadr.  You might conclude that DOJ lawyers told him that chances such legislation would be constitutional even fell below the 5% mark.  And now you're blaming Justin Trudeau for not introducing such a bill?