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Public International Law - Implementation of Treaties

. Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks)

In Greenpeace Canada (2471256 Canada Inc.) v. Ontario (Minister of the Environment, Conservation and Parks) (Div Ct, 2021) the Divisional Court set out how international treaties become Canadian (or Ontario) law:
[92] International treaties or declarations do not have automatic force in Canada. They become part of domestic law when implementing legislation is passed by the legislative entity with the authority to enact such legislation in accordance with the division of powers under the constitution. Ontario has not implemented the ICCPR with respect to its environmental laws. Accordingly, these instruments had no mandatory effect and cannot provide justification to make the declaration of a violation of international law.



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Last modified: 03-12-22
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