by Peter Hay (University of Ottawa)
The Protection of Canada from Terrorists Act (PCTA) significantly expanded CSIS’ operating powers, including the power to conduct investigations on foreign soil ‘without regard to any other law’— in violation of domestic, foreign and international laws. This paper analyzes whether CSIS’ extraterritorial powers can trigger the application of the Charter, given the landmark Supreme Court decision in R v Hape. I argue that state-sponsored extraterritorial actions that violate foreign laws can also violate Canadians’ constitutional rights, despite the language in the PCTA. The Charter’s fair trial safeguards, the principle of sovereignty and the element of judicial oversight and control in Hape and the PCTA can all apply to trigger the application of the Charter, protect the rights of Canadians, and limit the seemingly limitless new CSIS powers.
Working Paper: Standing on Guard- Territory, Terrorism and the Limits of the Canadian Constitution Post-Hape
Citation: Peter Hay, "Standing on Guard: Territory, Terrorism and the Limits of the Canadian Constitution Post-Hape", Working Paper n°12, OSN, 2017.
This content has been updated on 17 February 2017 at 14 h 21 min.