Traduction de «Real and substantial connection » (Anglais → Français) :

real and substantial connection test

real and substantial connection concept test

In addition, section 4(2) of the JVTA provides that courts may hear and determine the cause of action referred to in section 4(1) if the action “has a real and substantial connection to Canada” (i.e., the victim is Canadian, the defendant is Canadian, the harm occurred in Canada or on a vessel or aircraft in Canada, and so forth).43 On 5 October 2010, the Special Senate Committee on Anti-terrorism reported observations on Bill S-7 back to the Senate, suggesting that the government consider amending the bill to state that Canadian citizenship or permanent residence would be enough to demonstrate such a connection, as those factors would n ...[+++]ot necessarily establish a “real and substantial connection to Canada” on their own based on current case law.

In recent decisions, Canadian courts have found that the fact that a plaintiff resides in a jurisdiction is only one of several factors to be considered when determining whether or not a lawsuit has a real and substantial connection to that jurisdiction.[1] In order to ensure that victims of terrorism who are Canadian citizens or permanent residents of Canada have the right to sue perpetrators and supporters of terrorism in Canadian courts, the Government may wish to consider amending clause 4(2) to specify that a person’s Canadian citizenship or permanent resident status is, in and of itself, enough to establish a real and substantial c ...[+++]onnection to Canada.

any reference to the State with which the child has a substantial connection shall be construed as referring to the territorial unit with which the child has such connection.

On a request made with supporting reasons by the Central Authority or other competent authority of any Contracting State with which the child has a substantial connection, the Central Authority of the Contracting State in which the child is habitually resident and present may, directly or through public authorities or other bodies: