Bill S-35
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
senate of canada
BILL S-35
An Act to amend the State Immunity Act and the Criminal Code (terrorist activity)
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 and paragraph 12(1)(d), “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. 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 property is or was used or is intended for a terrorist activity.
R.S., c. C-46
CRIMINAL CODE
3. The Criminal Code is amended by adding the following after section 83.33:
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.
Limitation period suspended
(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.
Foreign judgment
(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.
Published under authority of the Senate of Canada
Explanatory Notes
State Immunity Act
Clause 1: New
Clause 2: 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
Criminal Code
Clause 3: New