The Victims of Terrorism Act further specifies that property in Canada belonging to a foreign state may be stripped of its immunity to allow for the execution of a judgment pursuant to this statute. The Act also provides for the possibility of the recognition of a foreign award against a state for reasons which would have justified a similar decision in Canada, as long as the foreign state appears on the Canadian list of states sponsors of terrorism. This seems to be directed at eventual US court decisions applying the laws which provided the inspiration for the new Canadian statute. Finally, one section of the Act allows for longer limitation or prescription periods for actions under this Act.
In conclusion, three key points call for attention. First, the enlargement of causes of action against physical persons or corporations is significant, because in this respect there is no political control asserted by the Government over the list eventual targets of civil actions by way of listing entities or states as sponsors of terrorism. This leaves a door wide open for parties to frame their claims in term of terrorism, a legal concept famously resistant to tight legal definitions and open to political manipulation. Surely, in light of the twitter database Talisman and Kiobel litigation in US Federal Courts, Canadian companies will be wary of the manner in which their overseas operations will be characterised. Second, as noted earlier, the listing of states and, to a lesser degree, entities as sponsors of terrorism invites political manoeuvering and positioning which would not be consonant with the high ideals expressed in the preamble of the Victims of Terrorism Act. US practice suggests that the names on the list of states sponsors of terrorism reflect many factors, not all related to terrorism. Third, one has to wonder to what extent . The Canadian imprimatur to what had been up to now a US approach may be taken as legitimizing a targeted and politicised process. If the number of countries with similar legislation multiplies, each with its own definition of terrorism and its specific political agenda for listing states denied immunity, there may be a systemic impact on diplomatic relations and the stability of international relations. We may wonder to what extent the Canadian Government was alert to these broader implications.