Human rights — Inhuman treatment — Protection of fundamental human rights when Canadian officers operating abroad — Requirement that Canadian officials follow foreign laws and procedures — Comity — Whether foreign procedures violating fundamental human rights — Whether Canadian Charter of Rights and Freedoms applicable extraterritorially — Canadian officials interviewing Canadian national detained at Guantánamo Bay — National subjected to sleep deprivation by United States authorities — Whether engaging responsibility of Canada — Convention against Torture, 1984 — Convention on the Rights of the Child, 1989 — Remedies

Relationship of international law and municipal law — Canadian Charter of Rights and Freedoms — Interpretation and application — Interpretation of Section 32(1) of Charter — Jurisdictional scope — Extraterritorial application — Canada’s obligations under international law — Canadian national detained at Guantánamo Bay — Whether Charter of Rights and Freedoms applicable to extent of Canadian participation in detention and proposed trial — Remedies for violation of Charter rights — Conduct of foreign relations by the Government — Justiciability — Whether appropriate for Court to order that Government request United States authorities to repatriate Canadian national detained at Guantánamo Bay

War and armed conflict — Combatants — Detention and trial of enemy combatants — Detention of persons captured in Afghanistan conflict — Guantánamo Bay — Whether detention and proposed trial by military commission contrary to international law — The law of Canada