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International Human Rights in Canada: At the Juncture of Law and Politics

Published online by Cambridge University Press:  28 February 2019

Faisal Bhabha
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Extract

Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.

Type
Articles
Information
International Journal of Legal Information , Volume 41 , Issue 1 , Spring 2013 , pp. 1 - 15
Copyright
Copyright © 2013 by the International Association of Law Libraries. 

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References

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16 In the time passed since these remarks were delivered, Canada has withdrawn from an important international drought convention that will protect vulnerable people from the effects of climate change. See Mike Blanchfield, “Canada first country to pull out of UN drought convention” The Globe and Mail (March 27, 2013). Canada also refused to sign a new treaty designed to curb arms trading. See Stephanie Levitz, “Canada opts not to sign landmark arms-trade treaty for now” The Globe and Mail (June 3, 2013).Google Scholar

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