Canada moves to 2% GDP end of FY25/26 - PMMC

[Kirkhill]

Except for UNDRIP, right?

Apparently International law, unlike Charter law, is a mere bauble - a suggestion, a guideline to be considered.

 

[lenaitch]

Unless things have changed, you also need a criminal records check to be an amateur coach. Spent 24 years as a Level 3 Certified Amateur coach.

In Ontario (at least), a Vulnerable Sector Check.

Types of background checks:

Ontario Provincial Police

The Ontario Provincial Police is one of North America's largest deployed police services. We provide essential services that ensure the safety and security of the people of the Province of Ontario.

www.opp.ca

Most, if not all, organized minor sports governing bodies require a Vulnerable Sector Check. Many volunteer/not-for-profit organizations require it as well if the position involves public contact.

 

[lenaitch]

In response to my query "Does Canada recognize the supremacy of international law?" I received this response:


"No, Canada does not recognize the supremacy of international law, as its Constitution is the supreme law of the land and domestic law takes precedence over international law when they conflict. However, Canada follows principles that require courts to interpret domestic laws in a way that is consistent with international law whenever possible. International treaties must be implemented through domestic legislation to become part of Canadian law, with the exception of some customary international law.

Domestic law supremacy

• The Constitution is the supreme law of Canada, and any law that is inconsistent with it is of no force or effect.
  
  
• In cases of conflict, domestic law, whether federal or provincial, prevails over international law.

Implementation of international treaties

• International treaties and conventions must be incorporated into Canadian law through domestic legislation to be enforceable in Canadian courts.
• The federal government can enter into treaties, but they must be implemented in a way that respects the division of powers between federal, provincial, and territorial governments.
• Once implemented, a treaty becomes part of Canadian law and can be interpreted by courts.

Interpretation of domestic law

• Canadian courts have a duty to interpret domestic statutes in a manner consistent with Canada's international obligations, where possible.
• This means that if a domestic law can be read in two ways, one consistent with a treaty and one not, the court will choose the interpretation that aligns with the international obligation.
• This "presumption of conformity" requires courts to interpret the law to be consistent with international law, but domestic law will still prevail if the two conflict and the law cannot be interpreted consistently.

Customary international law

• The status of customary international law in Canada is still a developing area of law, with courts often looking to precedent in other common law jurisdictions.
  
  
• For example, courts have stated that customary international law can be adopted into Canadian law through the "adoption" doctrine, but domestic legislation will prevail if there is a conflict.
  
  
• The Supreme Court has affirmed that Canada is not bound by customary international law in the domestic sphere to the extent that it contradicts domestic law, but it can influence domestic law and its interpretation. "

Policy on Tabling of Treaties in Parliament - Canada.ca

www.treaty-accord.gc.ca

I'm not exactly sure what is being argued here. Does any country hold up its domestic law to be subservient to international law?

Parliament is sovereign to the extent that it cannot be bound by other parliaments. It can be bound by our Constitution. The Constitution can be changed, but only within the amending formula, not by a given parliament. The 'notwithstanding clause' can suspend some specific elements of the Charter within the Constitution, but not all.

Of course, a future parliament can alter or repeal a domestic law that confirms an international agreement or treaty, but it does so at the peril or the reputation and economic stability of the country. Most economic treaties have mechanisms to manage disputes. A parliament simply walking away from those would expose the country as a unreliable partner.

 

[Kirkhill]

I'm not exactly sure what is being argued here. Does any country hold up its domestic law to be subservient to international law?

Parliament is sovereign to the extent that it cannot be bound by other parliaments. It can be bound by our Constitution. The Constitution can be changed, but only within the amending formula, not by a given parliament. The 'notwithstanding clause' can suspend some specific elements of the Charter within the Constitution, but not all.

Of course, a future parliament can alter or repeal a domestic law that confirms an international agreement or treaty, but it does so at the peril or the reputation and economic stability of the country. Most economic treaties have mechanisms to manage disputes. A parliament simply walking away from those would expose the country as a unreliable partner.

No points of disagreement at all.

 

[Kirkhill]

Unethical, immoral, impractical and unwise are not synonyms for illegal.