Re Regina and Palacios

Abstract

Diplomatic relations — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Implementation — When and how diplomatic immunity terminated — Accused member of diplomatic staff of Nicaraguan Embassy — Termination of duties at mission — Temporary visit to the United States — Accused not having left Canada permanently — Arrested for criminal offences — Whether immunity lost by temporary departure from country after duties terminated — Diplomatic and Consular Privileges and Immunities Act SC 1976–77, Section 2

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Implementation by Statute — Time at which diplomatic immunity terminated — Whether provisions of Convention to be interpreted according to principles of public international law — Whether Convention to be construed so as not to derogate from customary international law — Diplomatic and Consular Privileges and Immunities Act SC 1976–77, c 31 — The law of Canada