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March 20, 2014

Supreme Court of Canada hears constitutional challenge to Canada’s State Immunity Act

On March 18, 2014, the Supreme Court heard arguments in The Estate of Zahra (Ziba) Kazemi et al. v. Islamic Republic of Iran et al. Zahra Kazemi was a Canadian-Iran photojournalist who was arrested in Tehran in 2003 while taking photographs outside of Evin Prison.  She was detained, tortured and sexually assaulted.  She died from her injuries.  Ms. Kazemi’s son, Stephan Hashemi, on behalf of the Estate and on his own behalf, sued Iran in Quebec’s Superior Court.  Iran successfully claimed immunity from suit under Canada’s State Immunity Act. The Estate and Mr. Hashemi argued that if the State Immunity Act applies so as to bar their claims, the law offends s. 7 of the Canadian Charter of Rights and Freedoms and s. 2(e) of Canada’s Bill of Rights.  Ethos Law Group LLP is part of the legal team for the Canadian Bar Association, which is an intervener at the Supreme Court of Canada.  The Bar Association’s factum can be found here.

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