Evidence of meeting #15 for Subcommittee on International Human Rights in the 40th Parliament, 2nd session. (The original version is on Parliament’s site, as are the minutes.) The winning word was iran.
A recording is available from Parliament.
Associate Professor and Director, National Program, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
Undeniably, it has a role to play. I am not a political expert, but I think it would be hard to backtrack on the existence of the act, full stop.
Conservative
Associate Professor and Director, National Program, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
It is essentially Commonwealth countries for the most part, and the United States. When Canada enacted its legislation, it was to keep pace with those countries, Canada's main trading partners: the United States, the United Kingdom, and many African countries as well that are part of the Commonwealth.
Conservative
Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC
So most of the 55 or 56 Commonwealth countries have this legislation.
Associate Professor and Director, National Program, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
I could find that information for you, if you're interested, but I would say the majority of the Commonwealth countries do, with the notable exception of New Zealand being one that does not.
In fact most civil law countries do not have them, with the exception of Argentina, which I know has one. It basically reflects, in simply different terms, the same provisions that are contained in our act.
Conservative
Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC
We are almost at the end of our meeting. I have one very brief question as a follow-up, if I may.
If I'm not mistaken, the common law principle is that the king can do no wrong. So I'm guessing that the purpose of the State Immunity Act was not to create immunities where none previously existed, but rather to create a measured way in which limited rollbacks of immunities that were there under the traditional common law rule could be created. Am I understanding things correctly?
Associate Professor and Director, National Program, Faculty of Law, Common Law Section, University of Ottawa, As an Individual
The history of state immunity in international law is extremely storied. It basically had to do with the increase of international trade between nations in the 19th century. As states descended into the marketplace and started to behave like private parties, it was viewed that it was unfair to cloak them with absolute immunity for missing out on a contract or for violating terms of a contractual agreement.
As a result, the first exceptions to immunity were developed. Others now exist. The Supreme Court pointed out that the list is not closed. In fact, our position is developing new and emerging exceptions for precisely what we are talking about here today: crimes against humanity, torture, and crimes of universal jurisdiction.
Conservative
The Chair Conservative Scott Reid
Thank you, and my thanks to all our witnesses. You've been very helpful, and I think all members of the committee are grateful to you for taking the time to come here.
We are adjourned.