The applicant, a Bangladeshi citizen residing in Bangladesh, was charged under the Corruption of Foreign Public Officials Act with bribing foreign public officials in relation to a bridge construction project.
He brought an application to prohibit the Crown from proceeding with the charge, arguing that Canada lacked jurisdiction over him as a foreign national whose alleged acts occurred entirely outside Canada.
The Superior Court of Justice held that while Canada had jurisdiction over the offence itself, the Act did not extend jurisdiction over the person of a foreign national acting abroad unless they were physically present in Canada.
The court granted a stay of proceedings against the applicant.