To those who have studied R. v. Hape in detail, the decision of Blanchard J. in Canadian Security Intelligence Service Act (Canada) (Re), 2008 FC 301 will probably not come as a big surprise. However, seeing as at the time I did not pay much attention to Hape due to its criminal law context, I found the CSISA decisin to quite interesting and, my opnion, very controversial in its conclusion regarding application of the Charter to extra-territorial state actions. In CSISA, Blanchard J. dealt with two issues: (1) the power of the court to issue extraterritorial information collection warrants; and (2) application of the Charter and the Criminal Code to CSIS investigative activities conducted off Canadian soil.
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