CREATION AND IMPLEMENTATION OF TREATIES IN CANADA
AbstractThe author argues that a state whose sovereignty is vested in several legislative bodies cannot implement international agreements unless it has the legislative power to specifically exempt treaties from being subject to the general rules distributing legislative power, and claims that section 132 of the B.N.A. Act conferred that power until judicial interpretations divested it of all meaning and effect. After introducing the procedure of making treaties, this article’s purpose is threefold: 1) to discover the textual meanings of the terms used in section 132; 2) to describe the judicial interpretations leading to the present state of the law; and 3) to analyze the proposition advanced by the Supreme Court of Canada that the POGG power may replace section 132 in treaty implementation.
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