Can an Ontario Court Award Damages Against a Foreign State for Torture?
Yes — Ontario courts can award damages against a foreign state for torture and arbitrary detention when that state is listed as a supporter of terrorism under Canadian law. In Haftlang et al. v. Islamic Republic of Iran, 2026 ONSC 3155 (CanLII), the Ontario Superior Court of Justice held Iran liable and awarded both compensatory and punitive damages to a survivor of state-sponsored torture and to qualifying family members.
This decision is a significant example of how Canadian civil courts can be used to hold foreign governments accountable — not just foreign individuals — for serious human rights violations.
What Is the Terrorism Exception to State Immunity in Canada?
As a general rule, foreign governments cannot be sued in Canadian courts because of a legal principle called state immunity. However, Parliament created a narrow but powerful exception through two statutes: the State Immunity Act (SIA) and the Justice for Victims of Terrorism Act (JVTA).
Under this framework, a foreign state that has been officially listed by the Canadian government as a supporter of terrorism can be sued in Canadian courts by victims of terrorist activity. Iran was listed under the relevant federal regulation (SOR/2012-170), which opened the courthouse door for the plaintiffs in this case.
The court confirmed that detention and torture carried out by state agents can qualify as “terrorist activity” within the meaning of the legislation. Once a state is on the list and the conduct fits that definition, immunity falls away and the plaintiff can pursue an ordinary civil claim for damages.
Who Can Bring a Claim?
A claim is not limited to the person who was directly tortured or detained. Two groups can recover:
- The primary victim — the individual who suffered the detention, torture, or other qualifying harm at the hands of the foreign state’s agents.
- Qualifying family members — a spouse, child, or other relative recognized under Ontario’s Family Law Act can bring a derivative claim for loss of guidance, care, and companionship.
For a family member’s derivative claim to succeed, the qualifying relationship generally has to have existed at the time the wrongful acts occurred. A relationship formed afterward will usually not support a Family Law Act claim tied to those earlier events.
Is There a Time Limit?
No. The court confirmed that the Limitations Act, 2002 does not impose a limitation period on claims brought under the JVTA. Victims are therefore not shut out simply because the torture or detention happened many years ago.
There is, however, a practical boundary. The legislative scheme does not reach conduct that predates January 1, 1985, so harm occurring before that date can be excluded even though no ordinary limitation period applies to what comes after it.
What Kinds of Damages Are Available?
Because the claim proceeds as a civil action once immunity is lifted, the full range of tort remedies is on the table:
- Compensatory damages — for the physical and psychological harm, pain and suffering, and other losses flowing from the detention and torture.
- Punitive damages — to denounce and deter conduct the court regards as a deliberate, high-handed abuse by state agents.
- Derivative damages — awarded to qualifying family members under the Family Law Act.
Why This Decision Matters
The case shows that Canadian civil courts are a real avenue for holding foreign governments — not just individuals — accountable for serious human rights abuses, provided the state has been listed as a supporter of terrorism. For survivors of state-sponsored torture and their families, it confirms that a damages award is possible in Ontario, that there is no limitation period barring historic claims, and that close family members may share in the recovery.
Securing judgment is one step; collecting on it against a foreign state is a separate and often difficult challenge that depends on locating assets and navigating enforcement rules. Anyone considering a claim of this kind should obtain advice specific to their circumstances.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
The Justice for Victims of Terrorism Act (JVTA) is a Canadian federal law that allows victims of terrorism to sue listed foreign states in Canadian courts. It works together with the State Immunity Act to remove the usual legal shield that protects foreign governments from lawsuits.
No — the Limitations Act, 2002 does not impose a limitation period on JVTA claims. This means victims are not barred from bringing a claim simply because the acts occurred many years ago, though courts may still exclude conduct that predates January 1, 1985.
Yes, qualifying family members such as a spouse or child can bring derivative claims under the Family Law Act for loss of guidance, care, and companionship. However, eligibility depends on the relationship existing at the time the tortious acts occurred.