NCJ Number
106139
Date Published
1987
Length
103 pages
Annotation
This study reviews current Canadian law which provides for absolute immunity for the Federal Government against all compulsory execution measures of court decisions, followed by recommendations for the reform of this policy.
Abstract
Under current law, parties which take the Federal Government to court have no guarantee that a favorable judgment will be executed. The Federal Government's compliance with the court decision is at its own discretion. The problem with this law is that it artificially transforms the Federal Government into a monolith, when in fact it is engaged in diversified activities where immunity from the execution of court orders is not always appropriate. When the Federal Government pursues industrial and commercial activities through Crown corporations, there is no justification for the present immunity. The present immunity should be maintained, however, in areas where the Federal Government's public service activities are primary. In areas where the Federal Government acts as a merchant or contractor, it should be subject to a financial penalty upon refusing to comply in the execution of a court judgment in favor of a private party. 165-item bibliography and table of cases.