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Constitutional Law Mock Appeal Scenario: R. v. Khan

This resource, originally from the OJEN Spring 2011 Charter Challenge, deals with the extraterritorial application of the Canadian Charter of Rights and Freedoms. Mr. Raheem Khan was questioned by the Afghan Border Police under the direction of RCMP officers who were interested in obtaining information relating to an ongoing case against Mr. Khan’s father and brother in Canada. Mr. Khan submits that the Charter should apply despite the fact that the questioning was conducted in a foreign country and furthermore, that the investigation violated his right to life, liberty, and security of the person; his right to be free from arbitrary detainment or imprisonment; his right to being informed of the reason for his arrest and have access to legal counsel; and his right to the presumption of innocence and a fair trial under ss. 7, 9, 10 and 11 of the Charter. This resource includes the trial level decision, which provides the basis for the appeal, as well as a factum template.

About the Charter Challenge

As Ontario’s only provincial appellate-level mock hearing, the Charter Challenge has students prepare arguments of Charter issues raised on appeal. While researching their arguments, students have the opportunity to connect online with other students around the province, as well as with lawyer mentors. Their factums are reviewed and finalist teams have the opportunity to argue the issue before a Court of Appeal judge, either in person or through video-conferencing.

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