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Photo by Shaughn Butts / Postmedia

Ross said there were two main issues at play in Khadr’s application to vary bail conditions: deleting five sections pertaining to travel and contact with his older sister Zaynab, and an application to allow his bail to be changed to parole. Federal and provincial Crown prosecutors opposed the changes.

‘Unprecedented in many ways’

Ross dismissed the application on both issues, but acknowledged “this case is unprecedented in many ways.”

She acknowledged that Khadr has successfully reintegrated into the community, and that he has “excellent” reporting habits when it comes to notifying his bail supervisor about changes in residence, employment or travel. She said he moved into his own home in 2016, and began living with his wife the next year.

But a report submitted by a psychologist said the conditions on his movement and contact with his sister were “exacerbating” his post-traumatic stress disorder and making it difficult for him to move on with his life.

According to Ross, the defence did not give sufficient evidence of hardship arising from the bail conditions, while acknowledging that his feelings about being in “legal limbo” are “understandable.”

Ross said the conditions are not onerous: Khadr’s bail supervisor is not required to approve travel within Canada, only be notified of it. He has travelled to Toronto on numerous occasions to see family, she said, and visited Vancouver Island this summer.

She acknowledged Khadr’s desire to complete the hajj — the pilgrimage to Mecca required of all Muslims at least once in their life — but said that he as yet has no firm plans to make the journey. She said in future, Khadr could apply to the court to allow him to apply for a passport to make the trip, which would then be surrendered to his bail supervisor.