Scott Fairley: Foreign Affairs in the Canadian Constitution

University of Alberta

A guest lecture on foreign affairs and the Canadian Constitution, presented by Scott Fairley (Cambridge LLP)

Law Centre

The Centre for Constitutional Studies is pleased to welcome H. Scott Fairley for a lecture on his newly released book, Foreign Affairs in the Canadian Constitution.This event will be held at 12:00-1:00PM in room 113 of the Law Centre.Abstract: This book challenges siloed understandings of treaty-making (federal) and treaty implementation (federal or provincial depending on subject matter, regardless of the international context) with a view to bringing them together under a single subject, as its title suggests. However, it does so, mindful that Canada remains a diverse federal state spread over a vast territory. My account does not seek to drive a cart and a horse through constitutionally allocated provincial powers. What I do say, however, is that the "international" makes the "local" of national interest and importance for purposes of federal competence to act comprehensively for that purpose, both at the executive level and through Parliament as a key part of federal residual powers for the Peace, Order and Good Government of the Nation (or POGG for short). Federal trade and commerce cases have also been very helpful in conveying a similarly principled message. There are chapters on both. In this, I am perhaps a little ahead of the Supreme Court of Canada on point, but that court is not far behind. We might even go so far as to say that our current government is leading with its chin in this area in seeking new allies to augment or replace our now mercurial neighbor to the south and trying to pull off grand projects in the national interest, in part, to nurture those relationships.

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Scott Fairley: Foreign Affairs in the Canadian Constitution

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Scott Fairley: Foreign Affairs in the Canadian Constitution

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