I Persons against whom the jurisdiction cannot be enforced
The first part of this note deals with the persons who claim immunity from the compulsory jurisdiction of Canadian courts.
(1) The Foreign State, Sovereign or Head of Foreign State as a Defendant
The law relating to the immunity of foreign states and sovereigns or heads of foreign states from Canadian jurisdiction is to be found in the common law and has been stated and re-stated in leading cases such as The Parlement Belge, The Porto Alexandre, The Cristina, Dessaulles v. The Republic of Poland and Mehr v. The Republic of China et al. Lord Atkin reduced this law to two propositions:
The first is that the courts of a country will not implead a foreign sovereign, that is, they will not by their process make him against his will a party to legal proceedings whether the proceedings involve process against his person or seek to recover from him specific property or damages.
The second is that they will not by their process, whether the sovereign is a party to the proceedings or not, seize or detain property which is his or of which he is in possession or control.