International Treaty Law and the Domestic Law of Canada

In this paper I propose to explore the relationship between treaty law and domestic law in Canada. I will start with the familiar theory of the relationship between treaties and domestic law in England and in Canada and then move to less familiar areas of Canadian practice. An attempt will be made to investigate the rather murky area surrounding interdepartmental arrangements between Canada and sovereign states which are less than treaties but which do affect domestic law. I will attempt to raise, if not to answer, preliminary questions about the effectiveness of these procedures, the safeguards inherent in them, and their acceptability to the enlightened electorate of twentieth century Canada. These questions will lead to a few conclusions and, if necessary, some recommendations.