Enforcing American Letters of Request: The Fickle Charter Guarantee of Evidentiary Immunity

  • Mary Anne Vallianatos


This article provides an overview of the US Fifth Amendment and Canadian Charter protections on the right against self-incrimination. It provides an in-depth analysis on the current uneven legal framework in the context of extraterritorial evidence gathering, and the constitutional problem of compelled testimony in cross-border proceedings. The author argues that a partial solution can be crafted within the courts by requiring US protective orders prior to enforcing letters of request. Such an approach should reflect the established Charter principle that compulsion must be coupled with evidentiary immunity.