The appellants, A, B, and C, sought an order of certiorari to quash a subpoena compelling A to testify in a criminal trial, or alternatively, a remedy under s. 24(1) of the Charter due to perceived threats to their security.
B and C were living outside Canada.
The Superior Court dismissed the application, holding that a Charter remedy was not available to persons outside Canada.
The Supreme Court of Canada allowed the appeal, holding that the Superior Court erred in failing to consider the safety of the appellants and in finding that remedies were unavailable to persons outside the country in these special circumstances.
A new hearing was directed.
