The Implementation of Canada-United Kingdom Treaties in Canada

Abstract

The subject matter of this research is international agreements made in different historical periods between Canada and the United Kingdom of Great Britain and Northern Ireland, as well as the acts of domestic law of Canada adopted for the implementation of relevant rules of international law. The aim of the study was identifying models for the implementation of bilateral agreements between Canada and the United Kingdom, the forms of their implementation in domestic law, and classification of existing and invalid agreements. The methodology of the research includes formal juridical and legal, historical research methods, and the method of comparative legal analysis. As a result of the research, the author concludes that Canada follows both implementational and adoptional bodies as to performing bilateral agreements with Great Britain using a variety of forms (express implementation, indirect implementation etc.). Canadian law has features determined by a close historical connection with the British monarchy and the English legal tradition. Currently, an agreement activity is the authority of the executive power derived from the Royal prerogative. Therefore, international treaties on behalf of Canada are signed and ratified by the Federal government. However, due to the separation of competencies between the federal and provincial authorities under article 132 of the Constitution act, 1867, international obligations relating to the subject of reference of the provinces, can only be implemented after the adoption implementation legislation of this province. Most often, the issues within the jurisdiction of the province belong to private international law. The study found that, despite the long historical period of international relations with Great Britain, Canada continues to operate a small number of international agreements, mainly in the field of economic and military cooperation, legal assistance in criminal and civil cases, air transport, taxation, fisheries and social security. The explanation, in the opinion of the author, is a relatively young sovereignty of Canada, as well as the continuing direct impact to the domestic law of the UK legal system of its former dominion.