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Published online by Cambridge University Press: 01 January 2021
State immunity — Jurisdictional immunity — Canada State Immunity Act 1982 — Exceptions to immunity — No exception for acts of torture occurring outside Canada — Whether State Immunity Act thereby violating Section 7 of Canadian Charter of Rights and Freedoms — Whether State Immunity Act consistent with Charter — Whether plaintiff’s action for damages resulting from alleged detention and torture barred by Section 3 of State Immunity Act 1982 — Whether defendants entitled to absolute immunity
Relationship of international law and municipal law — Treaties — Canada State Immunity Act 1982 — Whether State Immunity Act complying with international law and Canada’s treaty obligations — Canada party to treaties condemning and prohibiting torture — International Covenant on Civil and Political Rights, 1966 — Universal Declaration of Human Rights 1948 — Convention against Torture, 1984 — Whether Canada’s signature of treaties requiring amendment to State Immunity Act to include exception for claims for foreign torture — Whether Parliament having sole responsibility for amendments to State Immunity Act 1982 — Whether State Immunity Act consistent with Canadian Charter of Rights and Freedoms
Human rights — Freedom from torture — Canadian Charter of Rights and Freedoms — Whether Section 7 of Charter creating further exception to State immunity for acts of torture occurring outside Canada — The law of Canada