ADJUS-121 Lecture 27: Adjus-121 - Lecture 27
26 Oct 2020
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Pushpanathan v canada (minister of citizenship and immigration) [1998] Central question was how to interpret acts contrary to the purposes and principles of the un . Article 1f(c)) was to implement the convention, the court must adopt an interpretation consistent w/ canada"s obligations therefore the wording and rules of treaty interpretation will be applied to the same meaning but in domestic law. It was found that the very general words in 1f(c) are not so ambigious to foreclose examination of other indications of the proper scope of the provision. Concluded that the appellant"s participation in a conspiracy to traffic narcotics was not in violation of article 1f(c). Canada sometimes ratifies an international treaty but does not transform it into international law for the following reasons: Treaty subject matter may fall under provincial jurisdiction and decide not to, or fail to enact.
