and territorial level. Before ratifying a treaty the federal government seeks formal support
from the provinces and territories. Typically, no new legislation is enacted to specifically
implement the treaty into Canadian domestic law. In circumstances where new federal,
provincial or territorial legislation is required, such new legislation will be passed prior to
ratification.^50
To date no new legislation has been enacted to specifically implement the Convention
into Canadian domestic law. However, several of the rights articulated in the Convention
are already addressed in Canadian domestic laws, including the Canadian Charter of
Rights and Freedoms, human rights legislation (such as Ontario’s Human Rights Code
and the Canadian Human Rights Act) and the Accessibility for Ontarians with Disabilities
Act.
The general principle regarding the use of international law within Canadian law is that
international treaties and conventions are not part of Canadian law unless they have
been implemented by statute.^51 This was confirmed in Baker v. Canada (Minister of
Citizenship and Immigration),^52 where the Supreme Court of Canada found that the
Convention on the Rights of the Child,^53 which had been ratified by Canada but not
implemented through domestic legislative provisions, had no direct application in
Canadian law. The Court however disagreed on the weight to be given to the
Convention. Whereas the minority, as a consequence, would not have given the
Convention effect, L’Heureux-Dubé J. for the majority found that “the values reflected in
international human rights law may help inform the contextual approach to statutory
interpretation and judicial review.”^54
50 de Mestral, supra note 48 at para. 48, 49; See also Canada, Parliament, “Canada’s Approach to the
Treaty-Making Process” by Laura Barnett, Legal and Legislative Affairs Division, PRB 08-45E (24
November 2008).
51 Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 at para. 69 [Baker],
citing Francis v. The Queen, [1956] S.C.R. 618, at 621; Capital Cities Communications Inc. v.
Canadian Radio-Television Commission, [1978] 2 S.C.R. 141, at 172-73; Anne Warner La Forest,
“Domestic Application of International Law in Charter Cases: Are We There Yet?” (2004) 37 U.B.C. L.
Rev. 157; Jutta Brunnée and Stephen Toope, “A Hesitant Embrace: The Application of International
Law by Canadian Courts” (2002) 40 Can. Y.B. Int’l Law 3.
52 Baker, ibid.
53 Can. T.S. 1992 No. 3.
54 Baker, supra note 51 at para. 70.