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R v. Hape, [2007] 2 SCR 292


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.


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


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.


*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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