Enforcing American Letters of Request: The Fickle Charter Guarantee of Evidentiary Immunity
DOI:
https://doi.org/10.29173/alr291Abstract
This article provides an overview of the US Fifth Amendment and Canadian Charter protections on the right against self-incrimination. It provides an in-depth analysis on the current uneven legal framework in the context of extraterritorial evidence gathering, and the constitutional problem of compelled testimony in cross-border proceedings. The author argues that a partial solution can be crafted within the courts by requiring US protective orders prior to enforcing letters of request. Such an approach should reflect the established Charter principle that compulsion must be coupled with evidentiary immunity.
Downloads
Issue
Section
License
For Editions following and including Volume 61 No. 1, the following applies.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
For Editions prior to Volume 61 No. 1, the following applies.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.
