文章基本信息

标题：Interprovincial Sovereign Immunity Revisited
本地全文：下载
作者：Walker, Janet
期刊名称：Osgoode Hall Law Journal
印刷版ISSN：0030-6185
出版年度：1997
卷号：35
期号：2
页码：379-397
出版社：Osgoode Hall Law School of York University
摘要：The conventional wisdom has been that the Canadian provincial Crowns are immune from the jurisdiction of the courts of other Canadian provinces just as they are immune from the jurisdiction of foreign courts. This reflects the old views that the provinces are like foreign countries for the purposes of the conflict of laws and that court jurisdiction over the Crown is purely a creature of statute. Recent recognition of the constitutional bases for court jurisdiction and the need to reassess conflict of laws rules in light of the principles of Canadian federalism invites us to revisit interprovincial sovereign immunity, especially as it could arise in multi-province class actions against the Crowns in right of the provinces.