The Supreme Court of Canada says having diplomatic immunity does not shield a former Canadian Forces corporal from the search and seizure that led to his conviction for sexual assault and voyeurism in a military court.
In 2017, one of McGregor's colleagues in the Canadian Armed Forces also posted to Washington reported to her senior officer that she believed McGregor had placed two audio recording devices in her home.
The Canadian Embassy in Washington, D.C. waived McGregor's immunity with respect to his residence and personal property.While conducting their search, the CFNIS and Alexandria police seized a number of computers, hard drives, computer equipment and other media storage devices. He was found guilty in 2019 of sexual assault, two counts of voyeurism, one count of possession of a device for surreptitious interception of private communication and disgraceful conduct.McGregor's lawyers challenged his conviction at the Court Martial Appeal Court, arguing that the search violated the Charter.
"The actions of the CFNIS conformed to the Charter," the top court said Friday. "Simply put, I would dismiss the appeal even if I were to accept Cpl. McGregor's argument that the Charter applies extraterritorially in the present context."The Supreme Court ruled that Canadian military investigators operated within the law by not only getting a warrant to search the residence in the first instance, but also by seeking a second warrant to probe the seized devices further.
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