What is the test for applying the doctrine of jurisdiction in the context of sexual assault cases?

Alberta, Canada


The following excerpt is from Throness (Estate of), 1998 ABQB 1132 (CanLII):

That leads to an analysis of Jensen v. Tolofson, 1994 CanLII 44 (SCC), [1995] 1 W.W.R. 609 (S.C.C.). The principles that can be taken from the majority decision are: a) There may be exceptions to the general rule, for example where the act occurs in one place but the consequences are directly felt elsewhere. However, if the defining activity that constitutes the wrong took place wholly within one jurisdiction, that jurisdiction is the applicable law. There may be other exceptions, but those need to be carefully defined (pp 628‑629); b) There is little to be gained and a lot to be lost in terms of certainty if a more flexible rule were to be crafted, particularly in relation to acts committed within Canada; and c) Adopting such a rule can lead to harsh results. However, order in the sense of certainty is a precondition to justice. (p.633).

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