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R v. Hape, [2007] 2 SCR 292

Facts:

RCMP officer conducted a search and seizure of a Canadian businessman in the Turks & Caicos Islands who was suspected of money laundering. Detective of domestic police force wanted to stay in charge of investigation.

Issue(s):

Are the actions of the police officer subject to the Charter?

Ratio:

Because of comity, Charter doesn’t apply unless 1) there has been a violation of international human rights or 2) the domestic state gives direct consent.

Analysis:

*When one state looks to another for help in criminal matters, it must respect the process that the domestic state wishes to provide assistance
**Limitation ends with violation of human rights
*Two part test:
**1. Is the conduct of a Canadian state actor at issue?
**2. Is the challenged state action a matter falling within Canadian gov. authority?


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