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Extraterritoriality: another Canadian view



Moin Yahya's reflections last week on the Conrad Black trial prompted a comment from Canadian anonyblawger Pith and Substance, who shares Prof. Yahya's unease at the extraterritorial implications of the "obstruction of justice" count against Black (for personally removing boxes from the Toronto headquarters of Hollinger Inc., in arguable defiance of an order from a Canadian judge to the contrary).

The trouble is that -- for various obscure historical reasons -- Canada is a sovereign country. I realize that it is fashionable to emphasize interconnectedness and globalization and so forth, but the violation or non-violation in Toronto of the order of a Canadian judge is not the business of a Chicago jury. Laura Secord did not bravely sell chocolate, nor did Sir John A. down six bottles of whiskey in a single setting for this! While Pith & Substance views talk of military retaliation as premature, someone ought to have a strong word with our southern cousins on this subject.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

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The Manhattan Insitute's Center for Legal Policy.