What is the test for determining whether a foreign country has jurisdiction to prosecute an international drug trafficking conspiracy?

Ontario, Canada


The following excerpt is from United States of America v. Drysdale, 2000 CanLII 22651 (ON SC):

I recognize that it could be argued that my approach is inconsistent with the approach endorsed by La Forest J. in United States of America v. Lépine, 1994 CanLII 116 (SCC), [1994] 1 S.C.R. 286, 87 C.C.C. (3d) 385. In that case, which also involved allegations of an international drug trafficking conspiracy, La Forest J., for the majority of the court, stated that the requesting state is not vested with the function of considering the jurisdiction of the foreign state, and that there is nothing in the Act that requires the judge to consider where the acts charged took place. The question to be asked, he stated at p. 390 C.C.C, is “whether, if the impugned acts or conduct had been committed in Canada, they would constitute a crime here … not whether, if some of the conduct had been committed here and some abroad, it would be a crime here.” He went on to say that “it would be wrong, to adopt the ‘mirror image’ concept.” Sopinka J. and Iacobucci J. did not agree, and would have adopted the “mirror image” approach.

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