Besner and Attaran on Canada’s State Immunity Act

Jennifer Besner (McGill University School of Law student) and Amir Attaran (University of Ottawa: Faculties of Law and Medicine) have a new post on SSRN entitled: Civil Liability in Canada’s Courts for Torture Committed Abroad: The Unsatisfactory Interpretation of the State Immunity Act 1985 (Can), Tort Law Review, Vol. 16, pp. 150-167, 2008. Here is the abstract:

The Canadian case of Bouzari v Iran (Islamic Repubilc) (2004) 243 DLR (4th) 406 is illustrative of the problems that common law state immunity statutes pose in providing victims of torture with the acces to civil remedies to which they are entitled under international law. An analysis of international legal developments including judgments that reinforce universal civil jurisdiction, as well as the duties flowing from the jus cogens designation of the prohibition on torture, suggests that in order to comply with Canada’s international law obligations and enable victims to enforce their rights, the State Immunity Act 1985 (Can) must be amended.

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