A Primer on International Law and the Canadian Charter

National Journal of Constitutional Law, Vol. 21, p. 313, 2006

21 Pages Posted: 9 Feb 2013

See all articles by Lorraine Weinrib

Lorraine Weinrib

University of Toronto - Faculty of Law

Date Written: 2006

Abstract

This paper sets out the basic structure of public international law and the issues of constitutional significance that arise in analyzing its influence upon our domestic legal system. It first defines public international law and examines its formal and informal sources. It then explains the basic framework for the domestic application of international law, which is called a reception system. It outlines the Canadian reception system, which evolved from the British model and is characterized by a constitutional separation between treaty-making and treaty-implementation between the executive and legislature. It also discusses the treaty presumption and other forms of statutory interpretation. Finally, the paper looks at the use of international law to interpret the Canadian Charter of Rights and Freedoms, 1982 and traces several arguments that the courts use to explain this relationship. At the end of the paper, a list of “further readings” on the subject is provided.

Suggested Citation

Weinrib, Lorraine, A Primer on International Law and the Canadian Charter (2006). National Journal of Constitutional Law, Vol. 21, p. 313, 2006, Available at SSRN: https://ssrn.com/abstract=2213510

Lorraine Weinrib (Contact Author)

University of Toronto - Faculty of Law ( email )

78 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-5075 (Phone)
416-978-7899 (Fax)

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