The appellant, a corporal in the Canadian Armed Forces stationed in Washington, D.C., was convicted at a Court Martial of voyeurism, sexual assault, and other offences.
The charges arose after Canadian military investigators, with the assistance of local police and a Virginia search warrant, searched his residence and seized electronic devices following a waiver of his diplomatic immunity.
The appellant appealed, arguing that the search violated his section 8 Charter rights.
The Court Martial Appeal Court dismissed the appeal, holding that the Charter does not apply extraterritorially to searches conducted under foreign sovereign authority, even when Canadian investigators participate.
The Court further held that the admission of the evidence did not render the trial unfair, as the search was authorized by a valid foreign warrant, conducted reasonably, and would have complied with Charter standards had it occurred in Canada.
