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In an extradition voir dire, the court held the Vancouver police had jurisdiction and grounds to arrest for attempted possession for trafficking, but found a brief s. 10 breach.
The court held it has no jurisdiction to scrutinize the validity of the US search warrant for compliance with the Canadian Charter because the US police were not agents of the Canadian government and the Charter does not apply extraterritorially to searches conducted by foreign authorities; binding authority in Hape and Schreiber mandates refusal to review the US warrant absent extraordinary circumstances not present here.
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The trial judge properly applied the Grant detention framework and, on the balance of probabilities, the appellant was not detained when questioned in the store office; therefore s.10 did not apply, the first statement was admissible, and the appeal against conviction fails.
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