Federalism, Treaties, and International Human Rights Under the Canadian Constitution

55 Pages Posted: 12 Jul 2011

See all articles by Jamie Cameron

Jamie Cameron

York University - Osgoode Hall Law School

Date Written: April 1, 2002

Abstract

This article explores the relationship between federalism, treaties, and international rights under the Canadian Constitution. A comment on comparative analysis precedes the introduction to that project. Recognizing that the similarities and differences that distinguish federal states offer a distinctive source of insight, the discussion draws on American parallels when feasible. Even so, the article's main objective is to explain how Canada ratified and implemented international instruments in the face of the significant restrictions on the national government's treaty power. In general terms, after analyzing a constitutional jurisprudence that subordinated sovereignty in foreign relations to principles, of federalism, the article explores the process by which the constraints of the doctrine were overcome.

Keywords: federalism and treaties, federalism and constitution, Canada sovereignty, Attorney General for Canada v. Attorney General for Ontario, Labour Conventions Case, Missouri v. Holland, constitutional limits on treaty power, federalism, international rights

Suggested Citation

Cameron, Jamie, Federalism, Treaties, and International Human Rights Under the Canadian Constitution (April 1, 2002). Wayne Law Review, Vol. 48, No. 1, Spring 2002. Available at SSRN: https://ssrn.com/abstract=1871222

Jamie Cameron (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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