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Canadian Law

A guide to help you research all aspects of Canadian law.

International law and Canadian domestic law

International customary laws are generally considered to be automatically part of Canadian law so long as they do not conflict with existing Canadian legislation (R v Hape [2007] 2 SCR 292, [39]). This is a monist approach to the implementation of international law. 

In contrast, Canada follows a dualist approach with respect to the domestic effect of international treaties. This is similar to other Commonwealth countries such as the United Kingdom, Australia and New Zealand. While ratification of a treaty creates international obligations for Canada, the treaty must then be incorporated into domestic legislation in order for these obligations to be given the force of law domestically.

Finding Canadian international treaties

All Canadian international treaties are freely available online.

Citing treaty series AGLC4 style

According to section 8.4 (pp. 137-139) of the Australian Guide to Legal Citation 4th edition (AGLC4), treaties should be cited in the following preferential order:

  1. Consolidated Treaty Series (ConTS) 1648-1919; League of Nations Treaty Series (LNTS) 1920-1944; or United Nations Treaty Series (UNTS) 1946+
  2. An official treaty series of a state party. For Canada, this is the Canada Treaty Series.
  3. Another international or regional treaty series.
  4. International Legal Materials (ILM). This series is on HeinOnline (vol 1, 1962+) and JSTOR (vol 1, 1962+). It is not a treaty series, but includes treaty texts and useful introductory information about the treaties, and is an accepted method of citation. Note that JSTOR is more up to date than HeinOnline.
  5. If the treaty is not included in any of the above, use the official document number (such as a UN document number), using the accepted style as described in Chapter 8 of AGLC4.

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