Relationship of international law and municipal law — Treaties — United Nations Convention Relating to Status of Refugees, 1951 — 1967 Protocol — Canada signatory — Canada’s obligations under treaties — Parliamentary intention — Canadian Immigration and Refugee Protection Act — Section 37(1)(b) — Interpretation — Inadmissibility to Canada on ground of “people smuggling” — Whether “people smuggling” limited to activity done in order to obtain, directly or indirectly, a financial or other material benefit — Definition in Section 117 — Reliance of Immigration Board on definition in Section 117 — Admissibility to Canada

Aliens — Migrants to Canada — Appellant seeking refugee status — Prohibited range of conduct making person inadmissible to apply for refugee status — Section 37(1)(b) of Immigration and Refugee Protection Act — “People smuggling” — Whether limited to activity done in order to obtain, directly or indirectly, a financial or other material benefit — Definition in Section 117 — Reliance of Immigration Board on definition in Section 117 — Admissibility to Canada — The law of Canada

Jurisdiction — Extra-territorial — Whether Canadian courts having jurisdiction to grant injunction — Interlocutory injunction — Third party — Interlocutory injunction enjoining third party to underlying dispute — British Columbia company suing former distributor for selling, via Internet, a product that allegedly infringed upon its intellectual property — British Columbia courts issuing interlocutory injunction — Google ordered to de-index globally websites of company selling allegedly infringing product — Whether non-parties to dispute immune from injunction — Whether injunction necessary and effective in preventing irreparable harm to British Columbia company — Whether British Columbia courts possessing jurisdiction to grant injunction with extraterritorial reach — Comity — Whether global injunction violating international comity — Whether injunction just and equitable

Comity — Whether Canadian courts having jurisdiction to grant global injunction — Whether offending sensibilities of any other nation — Whether territorial scope necessary for effective remedy — Whether denial of injunction equitable — Whether global injunction violating international comity — The law of Canada

Human rights — Right to life — Right to liberty and security of the person — Right to protection from cruel, inhuman and degrading treatment — Enforced disappearances — Whether Nepalese security forces arresting and forcibly disappearing various persons in their custody during armed conflict between Nepalese Communist Party (Maoist) and Government of Nepal — Constitution of Nepal 1990 — Interim Constitution of Nepal 2007 — Whether Government of Nepal complying with its obligations under Constitution of Nepal 1990 and Interim Constitution 2007 — International human rights instruments ratified by Nepal — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, 1984 — Whether Government of Nepal complying with its obligations under international human rights instruments ratified by Nepal — Relevance of Convention for Protection of all Persons from Enforced Disappearance, 2006 to which Nepal not a party

Human rights — Right to effective remedy — Duties of Nepalese Government to provide effective remedy — Duty to investigate and make information on disappeared persons public — Obligation to prosecute — Rights of persons deprived of their liberty — Orders of habeas corpus and mandamus — Compensation — Relevance of disappearances occurring at time of conflict — Whether interim monetary relief for families of disappeared persons constituting appropriate remedy

Relationship of international law and municipal law — Treaties — Nepal — Human rights treaties — Act incorporating international human rights treaties into Nepalese domestic law — Universal Declaration of Human Rights, 1948 — International Covenant on Civil and Political Rights, 1966 — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, 1984 — Implementation of resulting obligations — Relevance of Convention for Protection of all Persons from Enforced Disappearance, 2006 to which Nepal not a party — Constitution of Nepal 1990 and Interim Constitution 2007 — Whether Government of Nepal complying with its obligations

War and armed conflict — Non-international armed conflict — Armed conflict between Nepalese Communist Party (Maoist) and Government of Nepal — Duty of State regarding detainees — Whether Government of Nepal complying with its obligations under international human rights instruments ratified by Nepal — Whether Nepalese domestic legal framework on enforced disappearances adequate and effective — The law of Nepal

Human rights — Right to life — Article 2 of European Convention on Human Rights, 1950 — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Human Rights Act 1998 entering into force on 2 October 2000 — Murder occurring in Northern Ireland in February 1989 — Allegations of State collusion — Strasbourg and United Kingdom jurisprudence — Šilih — McCaughey — Janowiec — Whether genuine connection test satisfied — Whether genuine connection between triggering event of death and critical date of 2 October 2000 — Whether ten-year limit flexible — Most of investigation taking place after critical date — Whether relevant — Whether investigation complying with Article 2 of Convention — Doubt expressed by Sir Desmond de Silva as to whether murder would have occurred without State agent involvement — Relevance — Requirements of Article 2-compliant inquiry — Deficiencies of inquiries conducted to date — New material — Decision of Committee of Ministers — Relevance — Whether United Kingdom breaching procedural obligation under Article 2 of Convention — Whether declaration appropriate — Whether need further to investigate circumstances of murder

Treaties — Application — Human rights treaties — European Convention on Human Rights, 1950 — Right to life — Article 2 — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Human Rights Act 1998 — Death occurring before Human Rights Act 1998 entering into force on 2 October 2000 — Whether procedural obligation arising — Strasbourg and United Kingdom jurisprudence — Šilih — McCaughey — Janowiec — Whether genuine connection test satisfied — Whether genuine connection between triggering event of death and critical date of 2 October 2000 — Whether ten-year limit flexible — Most of investigation taking place after critical date — Whether relevant — Whether investigation complying with Article 2 of Convention — Doubt expressed by Sir Desmond de Silva as to whether murder would have occurred without State agent involvement — Relevance — Requirements of Article 2-compliant inquiry — Deficiencies of inquiries conducted to date — New material — Decision of Committee of Ministers — Relevance — Whether United Kingdom breaching procedural obligation under Article 2 of Convention — Whether declaration appropriate — Whether need further to investigate circumstances of murder

Relationship of international law and municipal law — European Convention on Human rights, 1950 — Human Rights Act 1998 — Human Rights Act 1998 entering into force on 2 October 2000 — Murder occurring in Northern Ireland in February 1989 — Allegations of State collusion — Article 2 of Convention — Substantive obligation — Procedural obligation — Procedural obligation requiring State to carry out effective official investigation into circumstances of death — Strasbourg and United Kingdom jurisprudence — Šilih — McCaughey — Janowiec — Whether genuine connection test satisfied — Whether genuine connection between triggering event of death and critical date of 2 October 2000 — Whether ten-year limit flexible — Most of investigation taking place after critical date — Whether relevant — Whether investigation complying with Article 2 of Convention — Doubt expressed by Sir Desmond de Silva as to whether murder would have occurred without State agent involvement — Relevance — Requirements of Article 2-compliant inquiry — Deficiencies of inquiries conducted to date — New material — Decision of Committee of Ministers — Relevance — Whether United Kingdom breaching procedural obligation under Article 2 of Convention — Whether declaration appropriate — Whether need further to investigate circumstances of murder — Whether possible for appellant to maintain action in domestic courts under Human Rights Act 1998 when Act not in force at time of her husband’s murder — The law of the United Kingdom