Extraterritorial Jurisdiction and the Charter

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 212-215

212 Preliminary Matters / Jurisdiction / Territorial Jurisdiction

2.2(c)(iii) Extraterritorial Jurisdiction and the

Charter

Is the conduct that

of a state actor?1

Yes

Did the conduct

occur

in Canada?2

No

Did the foreign

state consent to the

application of the

Charter?3

No

Was the conduct

contrary to Canada’s

international

obligations or to

fundamental human

rights norms?4

No

Would admission of

the evidence at trial

violate section 7 or

11(d)?5

No

Charter does not

apply

Yes

Charter applies

Yes

Yes

Yes

No