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Canada decisions
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The Federal Court held the Charter did not apply to foreign collection of CEM or CSIS’s receipt and use of Processed CEM, but did apply to exploitation of Bulk CEM.
The appeal is allowed: s.6(1) of the Charter, properly interpreted, guarantees a citizen's right to enter Canada but does not impose a constitutional positive obligation on the Government of Canada to take steps abroad to repatriate citizens detained by foreign or non-state actors; the Charter does not apply extraterritorially absent Canadian involvement or consent; the Federal Court’s declarations operated as impermissible mandatory orders without satisfying legal prerequisites and insufficiently deferred to executive competence in foreign affairs; accordingly the Federal Court judgment is s…
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The Supreme Court dismissed the appeal in R. v. McGregor, holding that the foreign search of military electronic devices complied with s. 8 and did not require exclusion of the evidence.
The Supreme Court of British Columbia held a warrantless seizure of a Toyota Corolla was not authorized under s. 489(2) because the officer seized it while in the United States.
The Court Martial Appeal Court held the Charter did not apply extraterritorially to the Virginia search, but the evidence was still admissible on trial-fairness grounds.
The court held that New Zealand police interceptions shared with Canadian police were foreign-obtained evidence, so the Charter did not apply and no voir dire was ordered.
The Court of Appeal upheld Kien Beng Tan’s second-degree murder conviction, holding the Charter did not apply extraterritorially in Malaysia and the confession was voluntary.
No Charter breach or abuse of process was established: accused's cognitive decline did not preclude meaningful participation; pre-charge delay produced no substantial prejudice; majority of post-charge delay was attributable to accused's voluntary absence and extradition resistance; Burns affidavit in U.S. proceedings is outside Charter extraterritorial reach and caused no proven prejudice; no bad faith by Crown, police or Law Society—therefore no stay warranted.
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The court refused voir dires on hotel records and Malaysian fingerprints, found no nexus for hotel telephone records, and admitted cell-plant statements.
La Cour fédérale rejette deux demandes de divulgation liées à des habeas corpus à Guantánamo, jugeant que les demandeurs n’ont pas établi le lien requis avec le Canada pour invoquer l’article 7.
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