Implementation and Reception: The Congeniality of Canada's Legal Order to International Law

Abstract

Canada is generally regarded as a dualist country in that international treaties are understood to have no direct effect unless they are implemented into domestic law through legislation. The authors argue that the courts have adopted an overly restrictive view of implementation, and that on a more generous reading, many treaties ought to be viewed as implemented at the time they are ratified. Further, the authors argue that even if treaties, on any interpretation, are not implemented, the obligations the state incurs by ratifying such treaties ought to be understood by judges and administrative decision-makers alike as having the same status as common law obligations that judges frequently impose on administrative agencies on judicial review, such as the duty of procedural fairness.

Keywords: international law, rule of law, dualism, human rights, implementation, judicial review, reception