The claim for $100,000 originated well before the Harper government took power and the Court had already ruled that there was insufficient evidence at that time (much less in Khadr's statement of claim) to make that adjudication.

In Decision 2005 FC 1076, the Court clearly states:

[10]            On a motion to produce such undertakings, this Court ruled in Khadr v. Canada 2005 FC 632 at para 20:
Since he is being held in a US prison, but the role of Canadian security officers is not clear, the issue of liability under the Charter needs to be litigated.

Ultimately, the Charter issues were decided between 2005 & 2010; any financial liability ought to have been litigated.