Law 2101 Lecture 16: International Law
25 Mar 2016
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Dualism: review under the strict rule set out in the capital cities communications, international treaties exist in the international sphere, and can only enter the domestic sphere if they are transformed into domestic law. Sections 91 and 92 of the constitution determine whether it is federal or provincial parliaments that adopt legislation to transform international law into domestic law. While treaties need to be transformed to have domestic effect, courts will read the domestic legislation so as to conform to the international treaty. The policy on tabling of treaties in parliament in 2008 has aimed to eliminate the problem of untransformed treaties by requiring that canada adopt legislation to transform the treaty before canada is allowed to ratify a treaty. In baker, the scc found that canada had not transformed an article in the. Convention on the rights of the child that says that Should it make a difference whether the scc refers to an untransformed treaty to: 1.
