Treaty-making powers of Canadian provinces
Subtitle: revising the 1960s debate in light of subsidiarity and federal loyalty
By: by Mathieu Roy.
Published: 2005
Language: eng
Number of pages: 61
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Treaty-making power -- Canada -- Provinces.; Federal government -- Canada -- Provinces.
Description: Treaty-making powers are generally exercised exclusively by the central government in federal states. However, this paternalistic vision of federalism is no longer endorsed by some European nations. Some federations now constitutionally recognize sub-national units' autonomy in negotiating and implementing international instruments.My thesis suggests that this situation is incorrect in Canadian constitutional law, defeats more general principles of federalism and should accordingly be modified. Moreover, I argue that the principles of subsidiarity and federal loyalty advocate for greater provincial autonomy in the field of external affairs.One can only deplore that Canada is not part of the trend. With a constitutional structure that divides federal and provincial legislative powers into "watertight compartments", one would assume that international affairs would logically follow that categorization. However, Canadian provinces are not currently allowed to sign treaties on their own.
Notes: Cover title.

"August 2005".

Thesis (LL.M.)-University of Toronto, 2005.

Includes bibliographical references.

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