The Two Sides of Extraterritoriality

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.