State Immunity Act (Canada) — Listed State Supporters of Terrorism

Summary

Canada's Justice for Victims of Terrorism Act (2012) and amendments to the State Immunity Act allow victims of terrorism to sue foreign states listed as 'state supporters of terrorism.' Sri Lanka has not been listed. Provides a civil litigation mechanism for diaspora victims of state-sponsored terrorism.

Relevance to the diaspora

Tamil-Canadian victims of war crimes or state-sponsored terrorism could in principle pursue civil claims against Sri Lanka if it were listed; lobbying for Sri Lanka's designation as a listed state is a potential diaspora advocacy strategy.

Key provisions

• State Immunity Act s.6.1 — removal of immunity for listed state supporters of terrorism
• Justice for Victims of Terrorism Act s.4 — cause of action against listed states
• s.6.1(2) — Governor in Council power to list state supporters of terrorism

Primary source

Related entries

• → Justice for Victims of Corrupt Foreign Officials Act 2017 (Sergei Magnitsky Law) (CA)
• → Anti-terrorism Act 2001 (Canada) (CA)