Traduction de «Immunité à l'égard de la rubéole » (Français → Anglais) :

(Return tabled) Question No. 4 Hon. Irwin Cotler: With regard to international treaties and conventions dealing in whole or in part with human rights and with Canada’s international obligations in this regard: (a) does the government have any formal or informal procedures for regular review of those international human rights treaties that Canada has not yet signed, ratified, or otherwise accepted; (b) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking conflicts with the Constitution Act, 1867, and if so whe ...[+++]re can these guidelines be accessed; (c) do the guidelines referred to in (b) specify the standard according to which the government determines if any obligation contained in a treaty or other international undertaking violates any section of the Constitution Act, 1867; (d) has the government engaged in any review of its obligations under the Convention on the Elimination of Racial Discrimination (CERD); (e) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking require implementing legislation in order for Canada to be able to ratify or otherwise accept it, and if so where can these guidelines be accessed; (f) does the government have a position as to whether international agreements that establish a complaints mechanism or communications procedure for enforcement of the rights and obligations contained therein are necessarily unconstitutional; (g) does the government have a policy as to whether Canada will accept such agreements referred to in (f); (h) does the government undergo review of proposed international human rights agreements that would establish such a mechanism or procedure referred to in (f) on a case by case basis, (i) who is involved in this review, (ii) are the provinces and other inte ...

The Parliament cannot therefore be criticised, having regard to the circumstances of the present case and to France’s application, for having lifted the immunity of Mr. Gollnisch so as to allow the French authorities to pursue their investigation on the basis of the Protocol.

Chapter 2 ‘Aeronautical Mobile Service’, Section 2.1 ‘Air-ground VHF communication system characteristics’, Section 2.3.1 ‘Transmitting function’ and Section 2.3.2 ‘Receiving function’ excluding Subsection 2.3.2.8 ‘VDL — Interference Immunity Performance’ of Annex 10 to the Chicago Convention, Volume III, Part 2 (Second Edition — July 2007 incorporating Amendment No 85).

Consequently, the principle of international law concerning the immunity of States from jurisdiction does not preclude the application of Regulation No 44/2001 in a dispute in which an employee contests the termination of the contract of employment he concluded with a State, where the court before which the case is brought finds that the functions carried out by that employee do not fall within the exercise of public powers.

Having regard to those consequences, the Court considers that immunity may be granted only if the connection between the opinion expressed and parliamentary duties is direct and obvious.

Moreover, the Court notes that the European Parliament’s decision to defend immunity is no more than an opinion without any binding effect on national courts.