Libman v. The Queen

Abstract

Jurisdiction — Territorial — Limits of territorial jurisdiction — Transborder crime — Fraud — Defendant making misrepresentations by telephone — Defendant speaking from Canada to persons in United States — Whether essential elements of crime committed entirely in the United States — Whether Canada possessing jurisdiction — Subjective territorial principle of jurisdiction

Jurisdiction — Extraterritorial — Extension of jurisdiction under modern international law — Transborder crime — Developments in technology and communications — Whether leading to extension of jurisdiction in cases of transborder crimes

Comity — Exercise of criminal jurisdiction — Transborder crimes — Defendant in Canada perpetrating fraud on persons in United States — Whether within Canadian jurisdiction — Whether considerations of comity militating against exercise of jurisdiction — The law of Canada