Could an intergovernmental agreement increase the credibility of Canadian treaty commitments in areas within provincial jurisdiction

Bibliographic Data

ID9941455
AuthorsJ Anthony VanDuzer (0000-0003-1944-9011, University of Ottawa, corresponding author)
Year2013
Volume68
Issue4
Pages536-544
Publication date2013-12-01
Open AccessYes
TypeARTICLE
VenueInternational Journal Canada s Journal of Global Policy Analysis (JOURNAL)
Journal identifiersISSN: 0020-7020 • E-ISSN: 2052-465X
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/0020702013509315
OpenAlexW2059717553
LanguageEN
Citations received7

Canada’s federal government has exclusive authority to commit Canada to international treaties, but, under the Canadian constitution, compliance with treaty obligations that extend into areas of provincial competence is solely within provincial jurisdiction. As well, while Canada is responsible to its treaty partners if provinces act contrary to Canada’s obligations, the provinces are not directly accountable. The absence of a direct legal requirement to fulfil treaty obligations means that incentives for provincial compliance are weakened and, in turn, that the reliability of Canadian obligations relating to matters within provincial jurisdiction is diminished. This paper explores the prospects for using an intergovernmental agreement to address the gap between provincial action and federal responsibility. While such an agreement could express each province’s commitment to comply with Canadian treaty obligations, intergovernmental agreements have some inherent weaknesses that make them an imperfect commitment device

Commit · Competence (human resources · Credibility · Economics · Government (linguistics · Jurisdiction · Original jurisdiction · Political science · Subject-matter jurisdiction · Treaty · Ultra vires · Canadian Policy and Governance · International Law and Aviation · Law · Political Systems and Governance · Public Administration

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