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Estate of the Late Kazemi and Hashemi v. Islamic Republic of Iran and Others
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Canada State Immunity Act 1985 (“SIA”) — SIA as absolute authority on State immunity entitlement in Canadian civil proceedings — Statutory exceptions to immunity — Whether trauma suffered by plaintiffs constituting exception under Section 6(a) of SIA
State immunity — Jurisdictional immunity — Nature and purpose of State immunity — Comity — Principle of non-interference — Whether definition of “foreign State” extends to State officials and functionaries — Whether defendants acting in official capacity — Whether illegality of acts by defendant functionaries barring immunity
Human rights — Torture — Damages — Civil proceedings against foreign State for acts of torture — Immunity from jurisdiction — Exceptions — Whether common law or international law principles providing bar to immunity — SIA as absolute authority — Constitutionality of SIA — Whether SIA in breach of Canadian Bill of Rights and Canadian Charter of Rights and Freedoms — Whether SIA barring right to fair trial — Whether lack of redress in Canadian courts sanctioning illegal action by foreign States against Canadian citizens abroad — The law of Canada
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- © Cambridge University Press 2012