United Mexican States v. British Columbia (Labour Relations Board)

Abstract

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Canada State Immunity Act 1985, Section 3(1) — Interpretation — Scope of State immunity codified in Act — Proceeding under Section 33(6)(b) of Labour Relations Code 1996 — Whether foreign State immune from jurisdiction of British Columbia Labour Relations Board — Whether Board exercising jurisdiction over foreign State — Whether doctrine of State immunity applicable — Whether act of State doctrine applicable — Evidence — Whether foreign State entitled to bar voluntary testimony by employees and former employees

Consular relations — Treaties — Vienna Convention on Consular Relations, 1963 — Interpretation — Application — Incorporation of Vienna Convention by Foreign Missions and International Organizations Act 1991 — Proceeding under Section 33(6)(b) of Labour Relations Code 1996 — Voluntary testimony by former consular employees of foreign State in respect of their official functions without consent of that State — Absence of waiver of immunities by foreign State — Admissibility of testimony — Whether issue moot on appeal — The law of Canada