Canadian Federalism and the United Nations

In: Canadian journal of economics and political science: the journal of the Canadian Political Science Association = Revue canadienne d'économique et de science politique, Band 16, Heft 2, S. 172-183

Abstract

More than three years ago, Professor H. F. Angus published an article entitled: "The Canadian Constitution and the United Nations Charter." In it he sought to show that the Canadian constitution, which provides for a division of legislative powers between the federal government and the governments of the provinces, will hamper the Dominion in its conduct of foreign affairs in the post-war world. In particular, he predicted that existing constitutional arrangements will obstruct Canada from fulfilling in a responsible manner certain international obligations incurred under the Charter of the United Nations. The immediate causes of this situation are threefold: the assignation by the British North America Act of topics with which international legislation may be concerned to the exclusive jurisdiction of provincial legislatures; the obsolescence of Section 132 of that Act, which governs the treaty-making powers of the Dominion government; and the juridical opinions on the ability of the Dominion government to implement international legislation which were handed down by the Privy Council and which, with the exception of the war years, have governed the situation ever since. One other factor serves to aggravate the problem: the growing importance of international legislation since 1945. Social and economic problems, no longer local or even national in scope, are now of international importance, and require international action for their solution. The recognition by the nations of the world of this fact and its implications is in part indicated by their decision to create the United Nations, its commissions, sub-commissions and affiliated agencies. It is more imperative today than ever before that members of the United Nations be both ready and able to ratify international legislation which the world organization promulgates. Canada may be ready, but she is certainly not able, to provide such implementation.