Saturday, February 16, 2013

Library of Parliament Publication on Canada’s Approach to the Treaty-Making Process

The Library of Parliament recently made available an update to its research publication about Canada’s Approach to the Treaty-Making Process:
"In Canada, the negotiation, signature and ratification of international treaties are controlled by the executive branch of the federal government, while Parliament is responsible for the implementation of such treaties at the federal level. This paper explores Canada’s approach to the negotiation, signature, ratification and implementation of international treaties at the federal level, including a description of power over international affairs, the treaty-making process itself, various compliance mechanisms, and the federal-provincial/territorial relationship with respect to international treaties (...)

"Very little authority is explicitly laid out in the law or the Constitution - much relies on royal prerogative, tradition and policy. Today the House of Commons has been granted a louder voice prior to official ratification. This enhanced role for Parliament is an important one, although it must be remembered that this is a policy, not law, and can be easily revoked or bypassed when necessary. Parliamentary committees can also play an important role when it comes to monitoring compliance with the international treaties and conventions signed by Canada. This role may be carried out by listening to civil society, business, academic, government and international voices, and issuing recommendations to help Canada live up to its international obligations."

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posted by Michel-Adrien at 5:09 pm


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