International law evidence after Nevsun

One of the many important reception law issues addressed in the Supreme Court of Canada’s decision in Nevsun Resources Ltd v Araya 2020 SCC 5 was the judicial notice of international law by Canadian courts. Nevsun takes us some way further towards settling a long-neglected point of evidence and procedure: how, as a matter of evidence and procedure, should parties bring international legal issues before the court? While Nevsun does not give a complete answer, it points the way. Read together with other Canadian and Commonwealth authorities, we may finally be coming to a resolution of the question. An upcoming appeal before the Federal Court of Appeal presents a further opportunity to clarify this point.   Continue reading “International law evidence after Nevsun”