Bill S-218
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
senate of canada
BILL S-218
An Act to amend the State Immunity Act and the Criminal Code (civil remedies for victims of terrorism)
Preamble
WHEREAS it is desirable to confirm in Canadian law the existing peremptory norms and provisions of international law against terrorism (jus cogens) that are accepted and recognized by the international community of states as a whole;
AND WHEREAS state immunity is generally accepted as applying only to sovereign acts of state (acta jure imperii);
AND WHEREAS terrorism is a threat to democracy, and the support and financing of terror is a crime under international law and as such is not a sovereign act of state to which a claim of state immunity can apply;
AND WHEREAS it is necessary that judicial awards against persons who engage in terrorist activities be sufficiently large to deter such conduct in the future;
AND WHEREAS the victims of terrorist activities include the individuals as well as their family members who are physically, emotionally or psychologically injured by the terrorist activities;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. S-18
STATE IMMUNITY ACT
1. The State Immunity Act is amended by adding the following after section 6:
Definition of “terrorist activity”
6.1 (1) In this section, subsection 11(4), paragraph 12(1)(d), and subsection 13(3), “terrorist activity” means any transaction, act or conduct that involves or relates to the support of any terrorist group that is a listed entity as defined in subsection 83.01(1) of the Criminal Code.
Terrorist activity
(2) A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to any terrorist activity that the foreign state conducted on or after January 1, 1985.
2. Section 11 of the Act is amended by adding the following after subsection (3):
Foreign state
(4) This section does not apply to a foreign state that engages in terrorist activity.
3. Subsection 12(1) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the attachment or execution relates to a judgment rendered in connection with terrorist activity.
4. Section 13 of the Act is amended by adding the following after subsection (2):
Foreign state
(3) Subsection (1) does not apply to a foreign state that engages in terrorist activity.
R.S., c. C-46
CRIMINAL CODE
5. The Criminal Code is amended by adding the following after section 83.33:
Loss or damage
Recovery of damages
83.34 (1) Any person who has suffered loss or damage, on or after January 1, 1985, as a result of conduct that is contrary to any provision of this Part or the failure of any person to comply with an order of a court under this Part may, in any court of competent jurisdiction, sue for and recover from the person who engaged in the conduct or failed to comply with the order an amount equal to the loss or damage proved to have been suffered by the person, together with any additional amount that the court may allow by way of punitive damages or otherwise.
Suspension of limitation period
(2) Any limitation period in relation to a claim under subsection (1) shall not run while the person with the claim
(a) is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition; or
(b) is unaware of the identity of the person who engaged in the conduct that resulted in the loss or damage.
Judgments of foreign courts
(3) Any court of competent jurisdiction shall give full faith and credit to a judgment of any foreign court in favour of a person who has suffered loss or damage as a result of conduct contrary to any provision of this Part.
Definition of “person”
(4) In this section, “person” includes a foreign state and an agency of a foreign state as defined in the State Immunity Act.
Published under authority of the Senate of Canada
Explanatory Notes
State Immunity Act
Clause 1: New
Clause 2: New
Clause 3: Relevant portion of subsection 12(1):
12. (1) Subject to subsections (2) and (3), property of a foreign state that is located in Canada is immune from attachment and execution and, in the case of an action in rem, from arrest, detention, seizure and forfeiture except where
Clause 4: New
Criminal Code
Clause 5: New