Facts: Corporal C.R. McGregor, a member of the Canadian Armed Forces, was investigated for criminal activity in Virginia, USA. The investigation involved a search of McGregor's residence and electronic devices, resulting in his conviction for several offences.
Issues: The case examined the extraterritorial application of the Canadian Charter of Rights and Freedoms, specifically section 8's protection against unreasonable search and seizure.
Ruling: The appeal was dismissed. The court found that the search and seizure did not infringe McGregor’s rights under section 8 of the Charter. The Canadian Forces National Investigation Service (CFNIS) cooperated with local authorities, obtaining a lawful warrant under Virginia law. The evidence discovered during the search was deemed admissible.
Key Points:
The Charter's applicability in foreign jurisdictions was discussed but ultimately not central to the ruling.
The search was found to be reasonable, authorized by law, and conducted in a reasonable manner.
The court applied the plain view doctrine, justifying the seizure of evidence discovered inadvertently during the search.
