Suchergebnisse

SummaryA recent decision of the Ontario Court of Justice (Provincial Division) involving criminal charges of perjury and attempting to obstruct justice against a consular officer posted in Toronto was the occasion for a comprehensive review of the scope and application of consular immunity in Canada. Contrary to the arguments presented by the attorney general of Ontario and the evidence and opinion of the secretary of state for External Affairs, Canada, the court ruled that the consular officer was immune from the criminal jurisdiction of the Court. The Court concluded that the consular officer's actions were performed in the exerdse of consularfunctions and that while the impugned acts occurred outside the geographical consular district, the immunity was not compromised. The authors conclude that relief through diplomatic channels, rather than criminal prosecution, is the appropriate mechanism for addressing consular misconduct.