Law 2101 Lecture Notes - Lecture 22: Natural Justice, Canadian Passport, Halfway House
5 Dec 2017
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International law day #3: case study on the interaction of canadian and international law relating to. Familiar with key principles (especially if discussed in class: know the central legal issues in the case, know what the judge decided. Recap from thursday"s class on monism (as modified by canada) For canada, customary international automatically forms a part of canadian law. In other words, customary international law enters canadian domestic law directly, without the need for transformative legislation: however, domestic canadian legislation can be enacted to displace/trump customary international law. As far as possible, domestic legislation should be interpreted consistently with customary international law obligations. R v. hape. (2007, scc): customary international law on state sovereignty is canadian law: the customary international law principles of non-intervention and territorial sovereignty may be adopted into the law of canada in the absence of conflicting legislation. These principles must also be looked at in determining the scope of extraterritorial application of the charter.
