Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35034
Estate of the Late Zahra (Ziba) Kazemi, et al. v. Islamic Republic of Iran, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-10-17 | Appeal closed | |
| 2014-10-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-10-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-10-10 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-021440-110 and 500-09-021457-114, 2012 QCCA 1449, dated August 15, 2012, heard on March 18, 2014, is dismissed without costs. Abella J. is dissenting. The constitutional questions are answered as follows: 1) Is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44? No. 2) If so, is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inoperable by reason of such inconsistency? It is not necessary to answer this question. 3) Does s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, infringe s. 7 of the Canadian Charter of Rights and Freedoms? No. 4) If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? It is not necessary to answer this question. Dismissed, without costs |
|
| 2014-08-22 |
Correspondence received from, Daniel Sheppard, he will be counsel for the Intervener Canadian Lawyers for International Human Rights (CLAIHR), fax dated August 22, 2014, re.: Correspondence for (CLAIHR) shall be directed to: Daniel Sheppard, he also represents Canadian Association of Refugee Lawyers (CARL). Jill Copeland has been appointed a judge of the Ontario Court of Justice. |
Canadian Lawyers for International Human Rights |
| 2014-03-31 | Transcript received, 169 pages | |
| 2014-03-25 | Correspondence received from, (Letter Form), Me Larocque re: change of address | Amnistie internationale, Section Canada francophone |
| 2014-03-18 | Supplemental document, one page authorities filed in Court, Completed on: 2014-03-18 | Canadian Centre for International Justice |
| 2014-03-18 | Judgment reserved OR rendered with reasons to follow | |
| 2014-03-18 |
Hearing of the appeal, 2014-03-18, CJ LeB Abe Ro Cro Mo Ka Judgment reserved |
|
| 2014-03-18 | Amicus curiae's condensed book, (Book Form), Filed in Court | Christopher D. Bredt |
| 2014-03-18 | Respondent's condensed book, (Book Form), Filed in Court | Attorney General of Canada |
| 2014-03-18 | Intervener's condensed book, (Book Form), Filed in Court | Iran Human Rights Documentation Center |
| 2014-03-18 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Lawyers for International Human Rights |
| 2014-03-18 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Civil Liberties Association |
| 2014-03-18 | Appellant's condensed book, (Book Form), Filed in Court | Estate of the Late Zahra (Ziba) Kazemi |
| 2014-03-12 | Correspondence received from, Martha Healey by fax re: 2 reserved seats | David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law |
| 2014-03-10 | Notice of appearance, Redress Trust Ltd will not be present | Redress Trust Ltd. |
| 2014-03-10 | Notice of appearance, Michael Sobkin will be appearing | British Columbia Civil Liberties Association |
| 2014-03-10 | Correspondence received from, Request for 2 reserved seats | Iran Human Rights Documentation Center |
| 2014-03-10 | Notice of appearance, Babak Barin and Payam Akhavan will be appearing | Iran Human Rights Documentation Center |
| 2014-03-06 | Notice of appearance, John Terry and Sarah Shody will be present at the hearing. | Canadian Centre for International Justice |
| 2014-03-06 | Correspondence received from, 5 reserved seats requested | Attorney General of Canada |
| 2014-03-04 | Correspondence received from, 2 reserved seats requested | Christopher D. Bredt |
| 2014-03-04 | Notice of appearance, Christopher Bredt and Heather Pessione will be present at the hearing. | Christopher D. Bredt |
| 2014-02-27 | Correspondence received from, Notice of change of law firm from McMillan to Gowings | Canadian Centre for International Justice |
| 2014-02-27 | Notice of appearance, Bernard Letarte and René LeBlanc will be appearing | Attorney General of Canada |
| 2014-02-26 | Correspondence received from, New request for 2 additional seats rec'd 2014-03-06 - Request 5 reserved seats. | Estate of the Late Zahra (Ziba) Kazemi |
| 2014-02-26 | Notice of appearance, François Larocque and Alyssa Tomkins will be appearing | Amnistie internationale, Section Canada francophone |
| 2014-02-25 | Correspondence received from, Joan Bell re: will not be appearing at the hearing | Canadian Association of Refugee Lawyers |
| 2014-02-25 | Correspondence received from, Joan Bell re: request 6 reserved seats | Canadian Centre for International Justice |
| 2014-02-21 | Notice of appearance, Jill Copeland and Emma Phillips will be present at the hearing. Ms. Copeland will present oral argument. | Canadian Lawyers for International Human Rights |
| 2014-02-11 | Correspondence received from, Sarah Woods dated 2014-02-11. Re: Will be present at the hearing (Ms. Woods did not participate on the appeal and cannot be gowed and seated with counsel 2014-03-13) | Islamic Republic of Iran |
| 2014-02-04 | Correspondence received from, Request for 4 reserved seats | Amnistie internationale, Section Canada francophone |
| 2014-01-31 | Supplemental document, Book of Authorities for Supplemental Factum of the Amicus Curiae, Christopher D. Bredt., Completed on: 2014-01-31 | Christopher D. Bredt |
| 2014-01-31 | Supplemental factum, (Book Form), Of AMICUS CURIAE, Christopher D. Bredt, Completed on: 2014-01-31 | Christopher D. Bredt |
| 2014-01-30 | Respondent's book of authorities, (Book Form), In reply to the Interveners, Completed on: 2014-01-30 | Attorney General of Canada |
| 2014-01-30 | Reply factum on appeal, (Book Form), to the Interveners, Completed on: 2014-01-30 | Attorney General of Canada |
| 2014-01-24 | Notice of appearance, Christopher Wayland and Simon Chamberland will be present at the hearing. | Canadian Civil Liberties Association |
| 2014-01-13 | Notice of appearance, Kurt Johnson, Mathieu Bouchard, Audrey Boctor and David Grossman will be appearing and Mr. Johnson and Bouchard will make oral submission | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-12-16 | Correspondence received from, Amicus, requesting permission to submit a reply to factums filed by certain interveners factums. | Christopher D. Bredt |
| 2013-12-13 |
Order by, Abe, FURTHER TO THE ORDER dated September 23, 2013, granting leave to intervene to the Canadian Lawyers for International Human Rights, Amnistie internationale, Section Canada francophone, the Redress Trust Ltd., the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Civil Liberties Association, the Canadian Centre for International Justice, the David Asper Centre for Constitutional Rights and International Human Rights Program of the University of Toronto Faculty of Law and the Iran Human Rights Documentation Center and deferring the request of the Attorney General of Canada for leave to file a reply factum of 5 pages to each intervener; AND UPON APPLICATION by the intervener, the Canadian Bar Association, for an order extending the time to serve and file its amended factum and book of authorities to November 25, 2013; IT IS HEREBY FURTHER ORDERED THAT: 1) The interveners Amnistie internationale, Section Canada francophone, the Canadian Centre for International Justice, the Canadian Civil Liberties Association, the Canadian Lawyers for International Human Rights, the Iran Human Rights Documentation Center and the David Asper Centre for Constitutional Rights, International Human Rights Program and University of Toronto Faculty of Law are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal; 2) The motion for an extension of time to serve and file the amended factum and book of authorities of the intervener, the Canadian Bar Association, to November 25, 2013, is granted; 3) The factums of the interveners, the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association and the Redress Trust Ltd. will be considered without the need for oral argument; 4) The respondent, the Attorney General of Canada, is permitted to serve and file a single factum of no more than 10 pages in reply to all interveners on or before January 31, 2014. Allowed in part |
|
| 2013-12-13 | Order on motion to extend time, (by ABELLA J.) | |
| 2013-12-13 |
Decision on motion to extend time, Abe, see order of same date Granted |
|
| 2013-12-13 | Submission of motion to extend time, to serve and file the amended intervener's factum and book of authorities, Abe | |
| 2013-12-10 | Notice of appearance, John Norris and Carmen Cheung will be present at the hearing. | David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law |
| 2013-12-03 | Notice of appearance, David Matas will be present at the hearing. (New notice rec'd 2014-03-14 Mr. Matas will not be present at the hearing | Canadian Bar Association |
| 2013-12-03 | Response to motion to extend time, (Letter Form), to serve and file the amended factum and BOA of the intervener - from Bernard Letarte dated 2013-12-03, Completed on: 2013-12-03 | Attorney General of Canada |
| 2013-12-02 | Motion to extend time, to file the intervener's documents to 2013-11-25, Completed on: 2013-12-03 | Canadian Bar Association |
| 2013-11-29 |
Order by, CJ, FURTHER TO THE ORDER dated July 19, 2013, appointing Mr. Christopher D. Bredt as amicus curiae to assist the Court; IT IS HEREBY FURTHER ORDERED THAT the amicus curiae is permitted to serve and file a supplemental factum not exceeding 20 pages and a book of authorities on or before January 31, 2014 to address the issues raised by some interveners, namely the manner in which the lower courts interpreted subsection 6(a) of the State Immunity Act. Granted |
|
| 2013-11-28 | Correspondence received from, amicus curiae | Christopher D. Bredt |
| 2013-11-26 | Notice of hearing sent to parties | |
| 2013-11-25 | Intervener's book of authorities, Motion for extension of time requested, rec'd 2013-12-02, Completed on: 2013-12-11 | Canadian Bar Association |
| 2013-11-19 |
Appeal hearing scheduled, 2014-03-18, (previously tentatively scheduled for December 4, 2013) Judgment reserved |
|
| 2013-11-18 | Intervener's book of authorities, (5 volumes), Completed on: 2013-11-18 | Canadian Civil Liberties Association |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | Canadian Civil Liberties Association |
| 2013-11-18 | Intervener's book of authorities, Completed on: 2013-11-18 | Iran Human Rights Documentation Center |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | Iran Human Rights Documentation Center |
| 2013-11-18 | Intervener's book of authorities, Completed on: 2013-11-18 | Canadian Association of Refugee Lawyers |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | Canadian Association of Refugee Lawyers |
| 2013-11-18 | Intervener's factum, Amended factum filed on November 25, 2013., Completed on: 2013-11-18 | Canadian Bar Association |
| 2013-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2013-11-18 | Amnistie internationale, Section Canada francophone |
| 2013-11-18 | Intervener's factum, (Book Form), service missing (rec'd 2013-11-25), Completed on: 2013-11-25 | Amnistie internationale, Section Canada francophone |
| 2013-11-18 | Intervener's book of authorities, (2 volumes), Completed on: 2013-11-18 | Canadian Lawyers for International Human Rights |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | Canadian Lawyers for International Human Rights |
| 2013-11-18 | Intervener's book of authorities, Completed on: 2013-11-18 | Canadian Centre for International Justice |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | Canadian Centre for International Justice |
| 2013-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2013-11-18 | British Columbia Civil Liberties Association |
| 2013-11-18 | Intervener's factum, (Book Form), Completed on: 2013-11-18 | British Columbia Civil Liberties Association |
| 2013-11-18 | Intervener's book of authorities, (3 volumes), Completed on: 2013-11-18 | Redress Trust Ltd. |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | Redress Trust Ltd. |
| 2013-11-18 | Intervener's book of authorities, Completed on: 2013-11-18 | David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law |
| 2013-11-18 | Intervener's factum, Completed on: 2013-11-18 | David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law |
| 2013-11-14 | Correspondence received from, Mr. James Woods by fax advising the Court that he does not represent Islamic Republic of Iran | Islamic Republic of Iran |
| 2013-11-12 | Appeal perfected for hearing | |
| 2013-11-08 | Amicus curiae's book of authorities, (Book Form), Electronic version rec'd, Completed on: 2013-11-08 | Christopher D. Bredt |
| 2013-11-08 | Amicus curiae's factum, (Book Form), Electronic version rec'd, Completed on: 2013-11-08 | Christopher D. Bredt |
| 2013-10-18 | Notice of change of counsel, (original rec'd 2013-11-01) | Iran Human Rights Documentation Center |
| 2013-10-04 | Respondent's book of authorities, (3 volumes), Completed on: 2013-10-04 | Attorney General of Canada |
| 2013-10-04 | Respondent's factum, (Book Form), TRANSLATED FACTUM: 24 French copies filed at the Court - 01-30-2014, Completed on: 2013-10-04 | Attorney General of Canada |
| 2013-09-23 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2013-09-23 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Canadian Lawyers for International Human Rights, Amnistie internationale, Section Canada francophone, the Redress Trust Ltd., the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Civil Liberties Association, the Canadian Centre for International Justice, the David Asper Centre for Constitutional Rights, International Human Rights Program and University of Toronto Faculty of Law and the Iran Human Rights Documentation Center for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Lawyers for International Human Rights, Amnistie internationale, Section Canada francophone, the Redress Trust Ltd., the Canadian Association of Refugee Lawyers, the British Columbia Civil Liberties Association, the Canadian Bar Association, the Canadian Civil Liberties Association, the Canadian Centre for International Justice, the David Asper Centre for Constitutional Rights, International Human Rights Program and University of Toronto Faculty of Law and the Iran Human Rights Documentation Center are granted and the said ten interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 18, 2013. The request of the Attorney General of Canada for leave to file a 5-page factum in reply to each intervener is deferred until the factums of all interveners have been filed with the Court. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. To the extent that the interests are similar, interveners shall consult to avoid repetition. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. Granted |
|
| 2013-09-23 | Submission of motion for leave to intervene, (motions filed by all other interveners), Abe | |
| 2013-09-23 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2013-09-23 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by Houshang Bouzari, Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is dismissed. Dismissed |
|
| 2013-09-23 | Submission of motion for leave to intervene, (filed by Houshang Bouzri, Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari), Abe | |
| 2013-09-17 | Correspondence received from, Christopher Bredt rec'd by email re: no one opposing the appointment as Amicus (sent to the Court on 2013-10-15) | Christopher D. Bredt |
| 2013-08-27 | Reply to the motion for leave to intervene, e-mail by Jeffrey W. Beedell dated Aug. 27/13 (CCIJ will not be filing a reply), Completed on: 2013-08-27 | Canadian Centre for International Justice |
| 2013-08-23 | Response to the motion for leave to intervene, e-mail from Crystal Winter dated Aug. 23/13, Completed on: 2013-08-23 | Christopher D. Bredt |
| 2013-08-22 | Response to the motion for leave to intervene, (Letter Form), from Mathieu Bouchard on Aug. 22/13 (to all interveners), Completed on: 2013-08-22 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-08-22 | Response to the motion for leave to intervene, (Letter Form), from René LeBlanc dated Aug. 22/13 by IHRDC, Completed on: 2013-08-22 | Attorney General of Canada |
| 2013-08-19 | Response to the motion for leave to intervene, (Letter Form), from René LeBlanc dated Aug. 19/13 by all interveners but IHRDC, Completed on: 2013-08-19 | Attorney General of Canada |
| 2013-08-16 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 | Iran Human Rights Documentation Center |
| 2013-08-16 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 | Canadian Civil Liberties Association |
| 2013-08-16 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 | David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law |
| 2013-08-16 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-22 | Canadian Centre for International Justice |
| 2013-08-15 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-22 | Canadian Bar Association |
| 2013-08-15 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-22 | British Columbia Civil Liberties Association |
| 2013-08-15 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-15 | Canadian Association of Refugee Lawyers |
| 2013-08-15 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-16 | Redress Trust Ltd. |
| 2013-08-15 | Order on motion to extend time | |
| 2013-08-15 |
Decision on motion to extend time, to serve and file the factum and the book of authorities of the respondent A.G. of Canada to Oct. 4, 2013, DeRg Granted |
|
| 2013-08-15 | Submission of motion to extend time, DeRg | |
| 2013-08-14 | Intervener's book of authorities, (Book Form), (on motion for leave to intervene) - 2 volumes, Completed on: 2013-08-14 | Amnistie internationale, Section Canada francophone |
| 2013-08-14 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-14 | Amnistie internationale, Section Canada francophone |
| 2013-08-12 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-12 | Canadian Lawyers for International Human Rights |
| 2013-08-12 | Motion for leave to intervene, (Book Form), Completed on: 2013-08-12 | Houshang Bouzari, Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari |
| 2013-08-12 | Response to motion to extend time, email from Mathieu Bouchard dated July 2/13, Completed on: 2013-08-12 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-08-12 | Motion to extend time, to serve and file the factum and the book of authorities of the respondent A.G. of Canada to Oct. 4/13, Completed on: 2013-08-12 | Attorney General of Canada |
| 2013-07-23 | Correspondence (sent by the Court) to, Christopher D. Bredt dated July 23/13 re his appointment as amicus curiae | |
| 2013-07-19 |
Order by, CJ, IT IS HEREBY ORDERED THAT: Given that the respondent, the Attorney General of Canada, has advised the Court that they do not intend to address all issues which may be raised by the appellants in this appeal, Mr. Christopher D. Bredt is accordingly appointed as amicus curiae to assist the Court by filing a factum of no more than 40 pages and a book of authorities on or before November 8, 2013. Mr Bredt is permitted to be assisted by a junior counsel. The reasonable fees and disbursements of Mr. Bredt, and any junior counsel, shall be paid by the Attorney General of Canada Granted |
|
| 2013-07-19 | Appellant's book of authorities, (8 volumes), Completed on: 2013-07-19 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-07-19 | Appellant's record, Completed on: 2013-07-19 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-07-19 | Appellant's factum, Completed on: 2013-07-19 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-07-18 | Correspondence received from, Bernard Letarte dated July 18/13 re needs an extension of 3 weeks to file its factum | Attorney General of Canada |
| 2013-07-03 | Correspondence received from, Christopher Rupar by hand, re: amicus curiae, dated July 3/13 | Attorney General of Canada |
| 2013-06-12 | Correspondence (sent by the Court) to, Christopher Rupar, re: amicus curiae | |
| 2013-05-17 | Correspondence received from, Sarah Woods by fax, re: did not receive any instructions from their client in this matter | Islamic Republic of Iran |
| 2013-05-15 | Correspondence received from, Mathieu Bouchard by fax, re: request to traverse the hearing to the Winter 2014 session | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-05-07 | Correspondence received from, Bernard Letarte by fax, re: submissions | Attorney General of Canada |
| 2013-04-29 | Notice of constitutional question(s), Served on April 29, 2013 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-04-26 | Order on motion to state a constitutional question, (by CHIEF JUSTICE) | |
| 2013-04-26 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. Is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inconsistent with s. 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44? 2. If so, is s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, inoperable by reason of such inconsistency? 3. Does s. 3(1) of the State Immunity Act, R.S.C. 1985, c. S-18, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2013-04-26 | Submission of motion to state a constitutional question, CJ | |
| 2013-04-10 | Response to the motion to state a constitutional question, (Letter Form), from Bernard Letarte dated Apr. 10/13, Completed on: 2013-04-10 | Attorney General of Canada |
| 2013-04-05 | Motion to state a constitutional question, Completed on: 2013-04-05 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-04-05 | Notice of appeal, Completed on: 2013-04-05 | Estate of the Late Zahra (Ziba) Kazemi |
| 2013-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-03-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-03-08 | Judgment on leave sent to the parties | |
| 2013-03-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-021440-110 and 500-09-021457-114, 2012 QCCA 1449, dated August 15, 2012, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-01-28 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2012-11-26 | Applicant's reply to respondent's argument, (2 volumes), Completed on: 2012-11-26 | Estate of the Late Zahra (Ziba) Kazemi |
| 2012-11-16 | Correspondence received from, Mathieu Bouchard dated November 16, 2012. Re: Consents to the letter of the AG of Canada filed on November 14 | Estate of the Late Zahra (Ziba) Kazemi |
| 2012-11-14 | Respondent's response on the application for leave to appeal, Completed on: 2012-11-14 | Attorney General of Canada |
| 2012-11-14 | Correspondence received from, Bernard Letarte dated November 14, 2012. Re: Party should be a respondent and not an intervener | Attorney General of Canada |
| 2012-10-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-10-15 | Application for leave to appeal, (3 volumes), Completed on: 2012-10-15 | Estate of the Late Zahra (Ziba) Kazemi |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Estate of the Late Zahra (Ziba) Kazemi | Appellant | Active |
| Hashemi, Stephan (Salman) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Islamic Republic of Iran | Respondent | Active |
| Ayatollah Sayyid Ali Khamenei, Saeed Mortazavi, Mohammad Bakhshi | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Bredt, Christopher D. | Amicus curiae | Active |
| Canadian Lawyers for International Human Rights | Intervener | Active |
| Amnistie internationale, Section Canada francophone | Intervener | Active |
| Redress Trust Ltd. | Intervener | Active |
| Canadian Association of Refugee Lawyers | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Centre for International Justice | Intervener | Active |
| David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law | Intervener | Active |
| Iran Human Rights Documentation Center | Intervener | Active |
Counsel
Party: Estate of the Late Zahra (Ziba) Kazemi
Counsel
Kurt A. Johnson
Mathieu Bouchard
Audrey Boctor
David Grossman
Mathieu Bouchard
Audrey Boctor
David Grossman
Irving Mitchell Kalichman LLP
2 Place Alexis Nihon, bur. 1400
3500, boul. Maisonneuve Ouest
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7727
FAX: (514) 935-2999
2 Place Alexis Nihon, bur. 1400
3500, boul. Maisonneuve Ouest
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7727
FAX: (514) 935-2999
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Hashemi, Stephan (Salman)
Counsel
Kurt A. Johnson
Mathieu Bouchard
Audrey Boctor
David Grossman
Mathieu Bouchard
Audrey Boctor
David Grossman
Irving Mitchell Kalichman LLP
2 Place Alexis Nihon, bur. 1400
3500, boul. Maisonneuve Ouest
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7727
FAX: (514) 935-2999
2 Place Alexis Nihon, bur. 1400
3500, boul. Maisonneuve Ouest
Montréal, Quebec
H3Z 3C1
Telephone: (514) 934-7727
FAX: (514) 935-2999
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Islamic Republic of Iran
Counsel
James A. Woods
Sarah Woods
Sarah Woods
Woods LLP
1700 - 2000 McGill College Avenue
Montreal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: jwoods@woods.qc.ca
1700 - 2000 McGill College Avenue
Montreal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: jwoods@woods.qc.ca
Party: Ayatollah Sayyid Ali Khamenei, Saeed Mortazavi, Mohammad Bakhshi
Counsel
James A. Woods
Woods LLP
1700 - 2000 McGill College Avenue
Montreal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: jwoods@woods.qc.ca
1700 - 2000 McGill College Avenue
Montreal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: jwoods@woods.qc.ca
Party: Attorney General of Canada
Counsel
Bernard Letarte
René LeBlanc
René LeBlanc
Procureur général du Canada
284, rue Wellington, T-6060
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
284, rue Wellington, T-6060
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-2776
FAX: (613) 952-6006
Email: bernard.letarte@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Centre for International Justice
Counsel
John Terry
Sarah R. Shody
Sarah R. Shody
Torys LLP
Suite 3000, Maritime Life Tower
P. O. Box 270, Toronto-Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: jterry@torys.com
Suite 3000, Maritime Life Tower
P. O. Box 270, Toronto-Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: jterry@torys.com
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Redress Trust Ltd.
Counsel
Azim Hussain
Rahool P. Agarwal
Maureen Edwards
Rahool P. Agarwal
Maureen Edwards
Norton Rose Fulbright Canada LLP
79 Wellington Street West, Suite 2300
P.O. Box 128
Toronto, Ontario
M5K 1H1
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: azim.hussain@nortonrosefulbright.com
79 Wellington Street West, Suite 2300
P.O. Box 128
Toronto, Ontario
M5K 1H1
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: azim.hussain@nortonrosefulbright.com
Agent
Sally Gomery
Norton Rose Fulbright Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Canadian Civil Liberties Association
Counsel
Christopher A. Wayland
Simon Chamberland
Simon Chamberland
McCarthy Tétrault LLP
Suite 4700, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8109
FAX: (416) 868-0673
Email: cwayland@mccarthy.ca
Suite 4700, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8109
FAX: (416) 868-0673
Email: cwayland@mccarthy.ca
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Party: Bredt, Christopher D.
Counsel
Christopher D. Bredt
Heather Pessione
Heather Pessione
Borden Ladner Gervais LLP
Scotia Plaza, 40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6165
FAX: (416) 367-6479
Email: cbredt@blg.com
Scotia Plaza, 40 King Street West
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6165
FAX: (416) 367-6479
Email: cbredt@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Amnistie internationale, Section Canada francophone
Counsel
François Larocque
Alyssa Tomkins
Alyssa Tomkins
Juristes Power Law
130, rue Albert, bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 894-4783
FAX: (613) 565-2087
Email: flarocque@juristespower.ca
130, rue Albert, bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 894-4783
FAX: (613) 565-2087
Email: flarocque@juristespower.ca
Agent
Alyssa Tomkins
CazaSaikaley LLP
220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 565-2292
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca
220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 565-2292
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca
Party: Canadian Lawyers for International Human Rights
Counsel
Jill Copeland
Emma Phillips
Daniel Sheppard
Emma Phillips
Daniel Sheppard
Sack Goldblatt Mitchell LLP
20 Dundas Street West
Suite 1100, P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: jcopeland@sgmlaw.com
20 Dundas Street West
Suite 1100, P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: jcopeland@sgmlaw.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Canadian Association of Refugee Lawyers
Counsel
Daniel Sheppard
Tamara Morgenthau
Tamara Morgenthau
Sack Goldblatt Mitchell LLP
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6442
FAX: (416) 979-4430
Email: dsheppard@sgmlaw.com
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6442
FAX: (416) 979-4430
Email: dsheppard@sgmlaw.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: British Columbia Civil Liberties Association
Counsel
Ward K. Branch
Susan M. Precious
Susan M. Precious
Branch, MacMaster
1410 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 654-2999
FAX: (604) 684-3429
Email: wbranch@branmac.com
1410 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 654-2999
FAX: (604) 684-3429
Email: wbranch@branmac.com
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Canadian Bar Association
Counsel
David Matas
Monique Pongracic-Speier
Noemi Gal-Or
Monique Pongracic-Speier
Noemi Gal-Or
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: David Asper Centre for Constitutional Rights, International Human Rights Program, University of Toronto Faculty of Law
Counsel
John Norris
Carmen Cheung
Carmen Cheung
Simcoe Chambers
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
Martha A. Healey
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
Party: Iran Human Rights Documentation Center
Counsel
Babak Barin
Barin Avocats
4435 Sherbrooke Street West
Suite 7
Montréal, Quebec
H3Z 1E5
Telephone: (514) 419-7519
FAX: (514) 221-4780
Email: bbarin@barinavocats.ca
4435 Sherbrooke Street West
Suite 7
Montréal, Quebec
H3Z 1E5
Telephone: (514) 419-7519
FAX: (514) 221-4780
Email: bbarin@barinavocats.ca
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Summary
Keywords
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Summary
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.
Canadian Charter of Rights and Freedoms - Public International Law - Jurisdictional immunity - Appellants beginning legal proceedings in Quebec against Iran and Iranian officials in relation to alleged torture and death of Canadian citizen in Iran - Whether appellants’ actions against Iranian respondents are barred by application of State Immunity Act? - Whether s. 3(1) of the Act is inconsistent with either s. 2(e) of Bill of Rights or s. 7 of Charter? - Whether, in light of Canada’s obligations under U.N. Convention against Torture, s. 3(1) of the Act conforms to principles of fundamental justice? - Whether foreign public officials, sued in their individual capacity, are immune from jurisdiction of Canadian courts in civil proceedings for acts of torture? - State Immunity Act, R.S.C., 1985, c. S-18, s. 3
In 2003, Zahra Kazemi, a Canadian citizen and photographer, was arrested and detained while in Iran. She was allegedly tortured and sexually assaulted by State authorities in Iran. She later died of her injuries.
Mrs. Kazemi’s Estate and her son each filed a civil liability claim in Quebec against Iran, the Iranian Head of State, the Chief Public Prosecutor as well as the former Deputy Chief of Intelligence for the prison in which Mrs. Kazemi was held. The claims of the Estate were for damages for the pain and suffering of Mrs. Kazemi in relation to her abuse, sexual assault, torture and death. Her son’s claim sought damages for his own pain and suffering provoked by the arrest, torture and death of his mother. Exemplary and punitive damages were also sought by both the Estate and the son.
The Iranian respondents brought a motion to dismiss the actions. They alleged that the actions were barred by the principle of state immunity, set out at s. 3 of the State Immunity Act, R.S.C. 1985 c. S-18 (“SIA”). As a general principle, that Act prohibits lawsuits against foreign states before Canadian courts. The appellants countered with a constitutional challenge alleging that, if the SIA barred their claims, that Act was contrary to s. 2(e) of the Canadian Bill of Rights as well as s. 7 of the Charter insofar as the SIA would deprive them of the right to seek a civil remedy against Iran in Canada. The Attorney General of Canada participated in the legal proceedings for the sole purpose of defending the constitutional validity of the SIA.
Lower court rulings
January 25, 2011
Superior Court of Quebec
2011 QCCS 196, 500-17-031760-062
Superior Court of Quebec
2011 QCCS 196, 500-17-031760-062
Estate’s Statement of claim against respondents, dismissed; Mr. Hashemi’s statement of claim against the respondents, allowed to proceed; Motion challenging constitutionality to State Immunity Act dismissed; Act found not be contrary to ss. 2(a) and 2(e) of the Canadian Bill of Rights and to ss. 7 and 9 of the Charter.
August 15, 2012
Court of Appeal of Quebec (Montréal)
2012 QCCA 1449, 500-09-021440-110, 500-09-021457-114
Court of Appeal of Quebec (Montréal)
2012 QCCA 1449, 500-09-021440-110, 500-09-021457-114
Estate’s appeal dismissed; Respondents’ appeal allowed and action of applicant Hashemi dismissed.
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Date modified: 2025-02-27