Constitutional Law
Charter of Rights
Life, Liberty and Security
Judicial review of respondents’ decision refusing to disclose records of interviews conducted by Canadian officials in Guantanamo Bay, information given to U.S. authorities as consequence of interviews—Applicants seeking order pursuant to Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 24(1) directing respondents to provide them with complete disclosure of records—Extra-territorial application of Charter possible where Canada’s participation in foreign process bringing Canada into violation of obligations under international law—However, that extra-territorial reach exceptional, limited by principles of sovereignty, judicial comity—For s. 7 rights to apply, circumstances having to connect applicant with Canada, either by virtue of presence in Canada, criminal trial in Canada, Canadian citizenship—Applicants not Canadian citizens, failing to establish required connection to Canada—Applications dismissed.
Slahi v. Canada (Minister of Justice) (T-1477-08, 2009 FC 160, Blanchard J., judgment dated February 16, 2009, 21 pp.)