International Treaty-Making and Treaty Implementation

Bibliographic Data

ID23732155
AuthorsHugo Cyr (Université du Québec à Montréal), Armand de Mestral (McGill University)
Year2017
Pages595-616
Publication date2017-11-06
Open AccessNo
TypeCHAPTER
VenueOxford Handbook of the Canadian Constitution (SOURCE_BOOK)
PublisherOxford University Press (PUBLISHER • GB)
DOI10.1093/law/9780190664817.003.0028
OpenAlexW2803658842
ISBN9780190664817
LanguageEN
Citations received4
References cited5

This chapter discusses the difficult questions surrounding treaties in Canadian constitutional law. The first part examines treaty-making powers, in particular, the lack of explicit constitutional provisions which outline how, and who, may enter into treaties under Canadian federalism. Under the current Canadian modus vivendi the federal government is the entity which exercises foreign relations, including treaty-making. However, Canadian foreign relations are rich and complex, and all provinces engage in some way in foreign relations—with Ottawa’s explicit or tacit consent—particularly through the use of administrative agreements. The second part of this chapter examines treaty implementation in Canada, which must occur according to the usual division of powers under the Constitution Act, 1867 following the Labour Conventions Reference. Moreover, under current law there are at least 13 forms of implementation—meaning that “legislative implementation” will not always be necessary for a treaty to be considered “implemented” under Canadian law.

Constitution · Federalism · Government (linguistics) · Law and economics · Legislature · Political science · Politics · Sociology · Treaty · International Law and Aviation · Law

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