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