Does the assertion of extraterritorial prescriptive jurisdiction based on the nationality or permanent residence of the alleged offender?

British Columbia, Canada


The following excerpt is from R. v. Klassen, 2008 BCSC 1762 (CanLII):

The assertion of extraterritorial prescriptive jurisdiction based on the nationality or permanent residence of the alleged offender has been recognized by courts in other jurisdictions, including the United States. See: United States of America v. Clark, 435 F.3d 1100 (9th Cir. Wash. 2006), which held that “the nationality principle ‘permits a country to apply its statutes to extraterritorial acts of its own nationals’” and that “…[j]urisdiction based solely on the defendant’s status as a U.S. Citizen is firmly established by our precedent…”;

Other Questions


What is the test for determining whether a section of legislation that discriminates against an applicant based on race, ethnicity, nationality, race, gender, ethnicity or nationality violates section 15 of the Charter? (British Columbia, Canada)
What steps must a party who resides in another jurisdiction take to be considered "substantive" in attorned to this court's jurisdiction? (British Columbia, Canada)
What is the procedure used by First Nations First Nations to obtain access to First Nations land? (British Columbia, Canada)
What is the preliminary inquiry into allegations of historical abuse against a First Nations First Nation? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
What is the impact of an injunction being sought against a First Nations First Nation (formerly First Nations) band for access to their traditional lands? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
What is jurisdiction and what is the test for jurisdiction? (British Columbia, Canada)
What is the difference between allegations of "subbing up" and a meeting in January 2008 and allegations of sexual harassment in October 2007? (British Columbia, Canada)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.