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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Public international law Jurisdictional immunity NAFO asserted immunity from the jurisdiction of Canadian courts with regard to the action brought by the appellant Court of Appeal concluded Nova Scotia courts had no jurisdiction to adjudicate matters, contrary to the decision of the Supreme Court of Nova Scotia Whether the Court of Appeal erred in law by interpreting the Foreign Missions and International Organizations Act (“FMIO”) and the NAFO Immunity Order without consideration of the International Bill of Human Rights, and without consideration of the obligations of Canada under conventional international law Whether the Court of Appeal erred in law by interpreting the FMIO and the NAFO Immunity Order without consideration of the fundamental principle of common law, Ubi, jus, ibi remedium Whether the Court of Appeal erred in law by interpreting the word “required” in s.3(1) of the NAFO Immunity Order broadly, so as to provide immunity from the jurisdiction of the court Whether the Court of Appeal erred in law by holding that a conclusion by the lower court that “just cause [for the dismissal of the appellant] is not asserted by NAFO” was a palpable and overriding error of fact requiring intervention by the Court of Appeal Whether the Court of Appeal erred in law by holding, without consideration or reasons, that the NAFO Immunity Order provided immunity to NAFO from the jurisdiction of the court with respect to the concurrent claim of the Appellant for payment of the balance of Separation Indemnity explicitly due under the Staff Rules of NAFO, or alternatively, pursuant to a contract subsequent to the dismissal from service of the Appellant?

The respondent, Northwest Atlantic Fisheries Organization (“NAFO”) is an international body comprised of 13 signatories representing approximately two dozen independent countries, including Canada. Headquartered in Dartmouth, Nova Scotia, its mandate is to manage and preserve fishing resources in the northwest Atlantic Ocean. The appellant, Tissa Amaratunga, began working for NAFO at its headquarters in 1988 in a senior management position. He continued in this capacity until June 2005 when his employment was terminated. He commenced a wrongful dismissal suit in response in the Supreme Court of Nova Scotia. NAFO claimed immunity as an international organization and asked the Supreme Court of Nova Scotia to declare itself without jurisdiction to adjudicate the matter. Its claim was based in part on an immunity order issued by the Government of Canada pursuant to the Privileges and Immunities (International Organizations) Act, R.S.C. 1985, c. P 22. This provision remains in effect pursuant to successor legislation, the Foreign Missions and International Organizations Act, S.C. 1991, c. 41. The Supreme Court of Nova Scotia dismissed NAFO’s motion and found that the matter could proceed to trial on the merits of the issues raised in the statement of claim. The Court of Appeal allowed the appeal and determined the Supreme Court of Nova Scotia had no jurisdiction to adjudicate the matter.