A majority of the Supreme Court of Canada in R. v. McGregor opted not to address the extraterritorial application of the Canadian Charter of Rights and Freedoms, finding that the issue was not squarely before the Court since it was only addressed by interveners.
In this case, the Court had to consider whether the Charter applies to the actions of law enforcement agencies when they are pursuing an investigation outside of Canada. The CCLA had intervened to argue that the Supreme Court’s decision in R. v. Hape (and the Court Martial Appeal Court’s reliance on it in
