2 Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982, ch. 11 (UK).
3 The Court also discussed other bases of jurisdiction in international law, including universal jurisdiction (para. 61).
4 R. v. Cook,  2 S.C.R. 597; see also R. v. Harrer,  3 S.C.R. 562; R. v. Terry,  2 S.C.R. 207; R. v. Canada (Attorney General),  1 S.C.R. 841 (precedents analyzing extraterritorial application of the Charter to evidence-gathering abroad).
5 Section 7 of the Charter provides: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
6 In particular, section 24(2) of the Charter contemplates the exclusion of evidence obtained in violation of Charter rights.
7SeeGibran Van, Ert, Using International Law in Canadian Courts137-70 (2002); Jutta, Brunnée & Stephen, J. Toope, A Hesitant Embrace: The Application of International Law by Canadian Courts,2002 Can. Y.B. Int'l L.3.
8 Restatement (Third) of the Foreign Relations Law of The United States §403 (1987).
9 Leading doctrinal sources cited by the majority do not directly support this holding. SeeMichael, Akehurst, Jurisdiction in International Law,1972-73 Brit. Y.B. Int'l L.145; Mann, F. A., The Doctrine of International Jurisdiction Revisited After Twenty Years,186 Recueil Des Cours9 (1984-III).
10 It would be otherwise if Canadian law expressly mandated acts prohibited by local law, which was not the case here. See Mann, supra note 9, at 45-46.
11 The question then would have become whether, under Canadian constitutional law, Hape could reasonably expect to enjoy the full benefits of section 8 after deliberately organizing his company and conducting its activities abroad.
12See Slaight Commons, Inc. v. Davidson,  1 S.C.R. 1038,1056 (Dickson, C.J.) (citing Reference re Public Service Employee Relations Act (Alta.),  1 S.C.R. 313, 349 (Dickson, C.J., dissenting)).