“ The principle against self-incrimination demands different things at different times, with the task in every case being to determine exactly what the principle demands, if anything, within the particular context at issue. ”

“ Canadian police officials are fully aware of their Charter obligations. The fact that they are operating abroad makes it no more difficult than in Canada to be aware of their obligations under the Charter. As is clear from the discussion above, there is no question of a "conflict" between foreign procedures and Canadian procedures. If the compulsory foreign procedure adopted falls below the standard required by the Charter, then the Canadian officials may not take a directing or primary role in the part of the investigation involving those techniques. ”

“ For instance: What was the role of Canadian Authorities? Who was in charge of the interviews? What did they ask Omar Khadr? How are the results of the interrogation going to be used?
[14] Once all these questions are answered, it will be possible to establish a context, make the necessary analysis and then determine if Omar Khadr's Charter rights were engaged or not. Assuming the Statement of Claim to be true, it is possible ( although difficult at this time to surmise from the sparse facts pleaded) that there is sufficient context for Charter rights to be engaged. ”