SCC File No. 39543 IN THE SUPREME COURT OF CANADA

Yet, under the existing precedent, this type of extraterritorial operation by the CAF, CSIS and CSE does not meet the definition of “within the authority of Parliament” and therefore would not trigger the application of the Charter. [...] The principles of jurisdiction permit the extension of Canadian rules and obligations on Canadian officials operating anywhere in the world and the adjudication of that conduct in Canadian courts. [...] The Committee found that states must “respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State Party, even if not situated within the territory of the State Party.”29 It also clarified that this principle applies “regardless of the circumstances in which such power or effective control was obtained.”30 In other words, the exercise of a s. [...] Application of human rights treaties like the ICCPR is definitely not restricted to situations where the exercise of jurisdiction is legal under the international law of jurisdiction.”33 Regrettably, the extraterritorial application of Canada’s obligations under the ICCPR was never considered by this Court in Hape. [...] 35 First, the ECHR applies where a state’s diplomatic or consular agent, present on foreign territory in accordance with the provisions of international law, exerts authority and control over others.36 Second, the ECHR applies when, through the consent, invitation or acquiescence of the territorial government, the foreign state exercises all or some of the public powers usually exercised by the te.