Extraterritorial application of human rights : the differing decisions of Canadian and UK courts
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Windsor review of legal and social issues = Revue des affaires juridiques et sociales de Windsor, Vol. 28, Jan. 2010, p. 57-86
The courts of two common law jurisdictions, Canada and the United Kingdom, reached opposite results on the issue of extraterritorial application of domestic human rights instruments. The Canadian Court misapprehended the issue of jurisdiction and control as enunciated by the ECHR, and failed to consider in detail that portion of cases from both the English Court of Appeal and House of Lords that applied directly to the extraterritorial application of the Canadian Charter of Rights and Freedoms as it pertains to detainee operations conducted by the Canadian Forces in Afghanistan.