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 — Principle of respect for sovereignty of foreign States — Principle of respect for territorial sovereignty of foreign States — Comity — Whether Charter of Rights and Freedoms applicable to acts of Canadian officials in territory under the jurisdiction of a foreign State — Whether applicability affected by fact that foreign State’s actions contrary to international law binding upon Canada — Canadian national detained at Guantánamo Bay — Whether Charter of Rights and Freedoms applicable to extent of Canadian participation in detention and proposed trial

Territory — Territorial sovereignty — Customary international law — Principle of respect for sovereignty of foreign State — Principle of sovereign equality — Whether extraterritorial application of Canadian Charter of Rights and Freedoms interfering with sovereign authority of foreign State

Human rights — 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

Comity — Comity of nations as interpretative principle — Appropriateness of comity — Whether any clear violations of international law

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