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R. v. Cook, [1998] 2 SCR 597


Cook arrested on warrant pursuant to extradition request made by Canadian government regarding alleged murder in Vancouver. Canadian agents interviewed him in New Orleans but did not follow Charter s.10(b) right to counsel.


Can the Charter apply in this process?


Charter applies unless it would threaten the comity between nations.


*Exercise of jurisdiction beyond a state’s territorial limits would constitute an interference of international law
*HOWEVER, Charter applies on foreign territory when
**Impugned act falls within s.32(1)
**Domestic agents are involved in governmental action
**Charter standards do not conflict with territorial jurisdiction of foreign state

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