The Labour Conventions Case Revisited

Abstract

So much has been written about theLabour Conventionscase that one hesitates to add to the flow of ink. But the bulk of these writings simply reflects the diametrically opposed views about the correctness of the decision on both technical and practical grounds. Most commentators from English Canada have bewailed the decision in this case that power to implement treaties in Canada is divided between the federal parliament and provincial legislatures according to the usual division of legislative power. On the other hand, French Canadians overwhelmingly support the decision. Recent literature has concentrated on techniques that can be employed to secure federal-provincial co-operation in effecting international action. Still, little notice has been taken of gradually evolving doctrine in the Supreme Court of Canada that should facilitate the exercise of Canada’s sovereign status in the international sphere, whatever the ultimate fate of theLabour Conventionscase. The purpose of this article is to examine the nature of this evolution and to suggest possible paths for future developments.