FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 3,072 times | Saved to 427 briefcases
Canada v. Khadr, [2008] 2 SCR 125


CDN officials interviewed Khadr (CDN citizen) while detained in Guantanamo Bay. Khadr sought to rely on Charter for Crown disclosure in preparation for his defence.


Does Hape or the human right exception apply?


R v. Hape is the proper approach to extraterritoriality. Because of comity, Charter doesn’t apply unless there has been a violation of international human rights or the domestic state gives direct consent.


*Comity cannot be used to justify Canadian participation in activities contrary to its international obligations
*US Supreme Court held that detainees were illegally denied access to habeas corpus (right to the body) and that prosecution procedures violated Geneva Convention
**Violation of international obligations means that Hape exception applies and Charter can be used

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.