PPAS 3135 Lecture Notes - Lecture 3: Unemployment Benefits, Great Depression, New Economics Foundation

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Week 8: Treaty making power and fedteral division of power over
Communication and Transportation
1. Treaty: A formal agreement made between countries, based on conventions
Treaty making Process:
a. Negotiation
a.i. Engaging in discourse, Ministers authorized by Executive to
negotiate
b. Signing
b.i. Executive will assign minister to sign the treaty (foreign minister,
usually)
c. Ratification
c.i. The formalities and procedures to enforce the treaty.
d. Implementation and enforcement
d.i. Ministry of justice will be asked to assess domestic law in
regards to the treaty that might conflict with international law.
Which can lead to a difficulty if there is provincial law that
conflicts with such
d.ii. Ensuring all provincial law aligns with treaties
d.iii.
e. Compliance
e.i. Jurisdiction of the federal government
2. International Relations and the BNA Act of 1867:
a. The authority is not explicitly conferred on the executive branch of
federal government.
b. No section explicitly states which level of government has this power
3. Evolution of Treaty making power in Canada:
a. BNA ACT; Section 132(Treaty obligation); this is the only direct
reference to treaty making power and international relations. It confers
the power on federal parliament and federal government to implement
any obligation arising from treaties made by the British government
from the behalf of the British Empire with other countries
a.i. This section has conferred the power on the Feds to
implement and implement obligations made by treaties
a.ii. Authority to ensure that terms of a treaty are respected
b. 1867
c. 1926 Imperial Conference
d. 1931 Westminster Statute
e. 1947 letters patent
Political independence and section 132: Jurisdictional conflict between the two
levels of government. Line of conflict revolves around, Power to enter into
treaties with other countries and power to implement these treaties.
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Document Summary

Week 8: treaty making power and fedteral division of power over. Communication and transportation: treaty: a formal agreement made between countries, based on conventions. Engaging in discourse, ministers authorized by executive to negotiate: signing b. i. Executive will assign minister to sign the treaty (foreign minister, usually: ratification c. i. The formalities and procedures to enforce the treaty. d. Ministry of justice will be asked to assess domestic law in regards to the treaty that might conflict with international law. Which can lead to a difficulty if there is provincial law that conflicts with such d. ii. Ensuring all provincial law aligns with treaties d. iii: compliance e. i. It confers the power on federal parliament and federal government to implement any obligation arising from treaties made by the british government from the behalf of the british empire with other countries a. i. This section has conferred the power on the feds to implement and implement obligations made by treaties a. ii.

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