Claims — Waiver — Undue delay as acquiescence to lapse of claim — Extent of delay required to render claim inadmissible — European Convention on Human Rights, 1950, Articles 33, 41 and 46 — Applicability of Article 41 just satisfaction in inter-State cases — Monetary compensation — Meaning of “injured party” — Capacity of State to seek just satisfaction on behalf of injured nationals — Diplomatic protection — Declaratory judgment as just satisfaction

Human rights — European Convention on Human Rights, 1950, Articles 33, 41 and 46 — Claims for just satisfaction for breach of human rights

International organizations — Council of Europe Committee of Ministers — Relationship between, and differing responsibilities of, the European Court of Human Rights and Committee of Ministers under European Convention on Human Rights, 1950

Treaties — Interpretation — European Convention on Human Rights, 1950 — Protocol No 1 to the European Convention, 1952 — Vienna Convention on the Law of Treaties, 1969

State responsibility — Obligation on State responsible for internationally wrongful act to make reparations — Obligation on State to abide by decision of European Court of Human Rights

International tribunals — Provisional measures — International Tribunal for the Law of the Sea — United Nations Convention on the Law of the Sea, 1982, Article 290(5) — Consequences of a non-appearing party — Capacity of the Tribunal to award measures other than those requested in the initial application — Award of a bond in exchange for the release of contested subject matter — Concerns that such an award in the provisional measures context may create a de facto prompt release proceeding

International tribunals — Jurisdiction — United Nations Convention on the Law of the Sea, 1982, Article 298 — Declaration by State purporting to exclude jurisdiction of ITLOS — Whether permissible — Effects

International tribunals — Non-appearing parties — Consequences of non-appearance — Whether non-appearance by a party should be permitted to prejudice the claim of a party that does appear and participates in proceedings in good faith — Whether non-appearance inconsistent with procedural fairness and wider rule of law in international proceedings

Human rights — Privacy and family life — Name — Protection from unilateral modification of name — International Covenant on Civil and Political Rights, 1966, Articles 17, 26 and 27 — Whether State Party violating Article 17 of Covenant — Effective remedy — United Nations Human Rights Committee

Human rights — Right to freedom from arbitrary detention — No deprivation of liberty except on grounds established by law — Persons arrested to be informed of reason for arrest and promptly informed of charges against them — Proceedings not to be affected by unlawful delay — Entitlement to a fair and public hearing by a competent, impartial and independent tribunal established by law — Right to be presumed innocent until proven guilty — Right to be informed promptly of the nature and charge against a person — Right to adequate time and facilities to prepare a defence — Right to trial without undue delay — Purpose and conditions of pre-trial detention — International Covenant on Civil and Political Rights, 1966, Articles 2, 9 and 14 — Effective remedy — United Nations Human Rights Committee

Human rights — Right to freedom from unlawful and arbitrary interference with the home — Freedom from discrimination — Relief — International Covenant on Civil and Political Rights, 1966, Articles 2, 17 and 26 — Effective remedy — United Nations Human Rights Committee

Human rights — Freedom of expression — Freedom of opinion — Freedom from discrimination — Discrimination based on sexual orientation — International Covenant on Civil and Political Rights, 1966, Articles 19 and 26 — Effective remedy — Exhaustion of domestic remedies — No duty to pursue remedy when there is no prospect of success — United Nations Human Rights Committee

Human rights — Right to life — Access to effective remedy for violation of human rights — Right to freedom of expression — Equality before courts and tribunals — Right to a fair trial — Delay in prosecutions and investigations — International Covenant on Civil and Political Rights, 1966, Articles 2, 6, 14 and 19 — Whether State Party violating Article 2(3)(a), read in conjunction with Article 6(1) of the Covenant — Effective remedy — United Nations Human Rights Committee

Human rights — Privacy — Freedom of religion — Access to effective remedy for violation of human rights — Freedom from discrimination — Sikh denied access to education while wearing turban — International Covenant on Civil and Political Rights, 1966, Articles 2, 17, 18 and 26 — Effective remedy — United Nations Human Rights Committee

Human rights — Detention — Right to be brought before a court — Persons arrested or detained to be brought promptly before a judge or other officer authorized by law — Meaning of “promptly” — Entitlement to a fair and public hearing — International Covenant on Civil and Political Rights, 1966, Articles 9 and 14 — Effective remedy — Relationship between international obligations and national law — United Nations Human Rights Committee

Human rights — Admissibility of author’s communication to Human Rights Committee — Reservation to Article 5(2)(a) of Optional Protocol to International Covenant on Civil and Political Rights, 1966 — When a case has been “examined” for the purpose of a reservation — Consideration of merits — Right to freedom from torture or cruel, inhuman and degrading treatment or punishment — Right of persons deprived of their liberty to be treated with humanity and respect for the inherent dignity of the person — Right to an effective remedy — Incommunicado detention — International Covenant on Civil and Political Rights, 1966, Articles 2, 7 and 10 — Effective remedy — United Nations Human Rights Committee

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Canada State Immunity Act 1985 (“SIA”), Section 3(1) — Statutory exceptions to immunity — Section 6 of SIA — Whether applicable — Whether SIA complete codification of law of State immunity in Canada — Whether exceptions to immunity other than those contained in Section 6 of SIA — Whether SIA applicable to acts of torture — Whether foreign State having immunity — Whether Section 3(1) of SIA applicable to individual agents of foreign State — Whether nature of actions relevant

Relationship of international law and municipal law — State immunity — SIA — Interpretation — Scope — Whether SIA complete and clear codification of law of State immunity in Canada — Customary international law — Prohibition of torture — Jus cogens norm — Effect on SIA — Whether acts of torture falling within scope of State immunity under customary international law — Whether conflict between rules of jus cogens and rules of State immunity — Judgment of International Court of Justice — Whether SIA applying to acts of torture

Relationship of international law and municipal law — Treaties — Convention against Torture, 1984 — Whether Article 14(1) of Convention imposing obligation on signatories to provide civil remedy for acts of torture including those committed outside their jurisdiction — Bouzari — Whether any subsequent binding developments in international law — Means of effecting change in Canadian law

Human rights — Torture — Damages — Civil proceedings against foreign State for acts of torture — Immunity from jurisdiction — Exceptions — Prohibition of torture constituting jus cogens norm — Whether customary international law rule of State immunity no longer extending to torture — Whether SIA applying to acts of torture — Article 14(1) of Convention against Torture, 1984 — Whether imposing obligation on signatories to provide civil remedy for acts of torture including those committed outside their jurisdiction

Human rights — Right to a fair hearing — Right to liberty — Whether Section 3(1) of SIA compatible with Section 2(e) of Canadian Bill of Rights — Whether Section 3(1) of SIA compatible with Section 7 of Canadian Charter of Rights and Freedoms — The law of Canada