Criminal appeal addressing whether Charter protections apply to Canadian police questioning conducted in the United States in relation to a homicide committed in Canada.
The majority held that, in the particular circumstances, the Charter applied to the actions of Canadian detectives abroad because the impugned conduct fell within s. 32(1) and did not interfere with the sovereign authority of the host state.
The court found a serious breach of s. 10(b) arising from confusing and misleading advice about counsel and held that the accused’s statement was conscriptive evidence.
Applying the Collins and Stillman frameworks, the majority concluded the statement had to be excluded under s. 24(2).
A new trial was ordered.
