November 13, 2012 - State Immunity

Excerpts from the State Immunity Act, R.S.C., 1985, c. S-18

Definitions
“foreign state” includes

  • (a) any sovereign  or other head of the foreign state….

An Act to provide for state immunity in Canadian courts
3.(1) Except as provided by this Act,

  • a foreign state is immune from the jurisdiction of any court in Canada

5. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to any commercial activity of the foreign state.

6. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to

  • (a) any death or personal or bodily injury, or
  • (b) any damage to or loss of property

that occurs in Canada.

6.1 (2) The Governor in Council may, by order, establish a list on which the Governor in Council may, at any time, set out the name of a foreign state if, on the recommendation of the Minister of Foreign Affairs made after consulting with the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the foreign state supported or supports terrorism.

Interesting that item 6(a) & (b) are basic principles of common law as stated in this maxim of law:

Actio non datur non damnificato. An action is not given to him who has received no damages.

This so called sovereign or head of a foreign state is simply a man or woman with an acknowledged exemption from recognition as a “person" in statute law.

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