C-632
Second Session, Forty-first Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-632
An Act to amend the State Immunity Act (genocide, crimes against humanity, war crimes or torture)
first reading, October 20, 2014
Mr. Cotler
411325
SUMMARY
This enactment amends the State Immunity Act to prevent a foreign state from claiming immunity from the jurisdiction of Canadian courts in respect of legal proceedings that relate to genocide, crimes against humanity, war crimes or torture committed by the foreign state. It will allow victims with a real and substantial connection to Canada to pursue civil remedies against those who caused them harm.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-632
An Act to amend the State Immunity Act (genocide, crimes against humanity, war crimes or torture)
Whereas genocide, crimes against humanity, war crimes and torture rank among the most heinous offences known to humankind;
Whereas foreign states that commit these crimes are shielded from liability under Canadian law to the extent provided by the State Immunity Act;
Whereas the victims of these crimes are entitled to a viable recourse against the perpetrators under Canadian and international law;
And whereas the perpetrators of these crimes cannot be permitted to escape justice with impunity;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Redress for Victims of International Crimes Act.
R.S., c. S-18
STATE IMMUNITY ACT
2. Section 2 of the State Immunity Act is amended by adding the following in alphabetical order:
“crime against humanity”« crime contre l’humanité »
“crime against humanity” has the same meaning as in subsection 6(3) of the Crimes Against Humanity and War Crimes Act.
“genocide”« génocide »
“genocide” has the same meaning as in subsection 6(3) of the Crimes Against Humanity and War Crimes Act.
“torture”« torture »
“torture” has the same meaning as in subsection 269.1(2) of the Criminal Code.
“war crime”« crime de guerre »
“war crime” has the same meaning as in subsection 6(3) of the Crimes Against Humanity and War Crimes Act.
3. The Act is amended by adding the following after section 8:
Genocide, crimes against humanity, war crimes, torture
8.1 (1) Subject to subsection (2), a foreign state is not immune from the jurisdiction of a court in any proceedings that relate to genocide, a crime against humanity, a war crime or torture.
Immunity maintained
(2) Subsection (1) shall apply only after all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law.
Subsection (2) does not apply
(3) Subsection (2) does not apply when the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of genocide, a crime against humanity, a war crime or torture.
Temporal application
(4) This section shall apply to all proceedings pending and initiated after its coming into force that relate to genocide, a crime against humanity, a war crime or torture that occurred on or after January 1, 1970.
No expansion of jurisdiction
(5) For greater certainty, this section provides a limited exception to the foreign state immunity otherwise provided for in this Act, but does not otherwise expand the jurisdiction of Canadian courts.
Published under authority of the Speaker of the House of Commons
