LE JUGE LEBEL ET LES IMMUNITÉS RETOUR SUR QUELQUES JUGEMENTS ET PISTES DE RÉFLEXION POUR LE FUTUR

Abstract

Justice LeBel was at the centre of major debates before the Supreme Court on the issue of immunity. His jurisprudence, fundamentally constrained by Canadian dualism, also reflects the hesitations of international law. In the Kazemi case, Justice LeBel avoided numerous pitfalls, most notably the idea that acts of torture cannot be sovereign acts. This case also raises certain questions about how Canadian law interacts with international law. While it is understood that it is risky for a Canadian judge to be more progressive than international human rights law itself, the question of the evolution of international law in that area is raised. Some of the issues raised include the possibility of questioning international law against the Charter, rather than merely interpreting the Charter in a way that harmonizes with international law.