Constitutional law – Charter of Rights – Application – Fundamental justice – Duty to disclose – Canadian officials interviewing detainee in Guantanamo Bay and sharing contents of interviews with U.S. authorities – Whether principles of international law and comity of nations precluded application of Charter – Whether process in place at Guantanamo Bay at that time violated Canada’s binding obligations under international law – If so, whether detainee entitled to disclosure of records of interviews and of information given to U.S. authorities as a direct consequence of conducting interviews – Canadian Charter of Rights and Freedoms, s. 7.
Evidence – Fresh evidence – Admissibility – Fresh evidence admissible to clarify record – No unfairness to other parties in admitting evidence.
Judges:
McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ.
Citations:
2008 SCC 28, [2008] 2 SCR 125
Links:
Jurisdiction:
Canada
Cited by:
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Evidence
Updated: 27 November 2022; Ref: scu.272826
