¹ Charter of the United Nations, June 26, 1945, 59 Stat 1031, TS 993, 3 Bevans 1153, entered into force Oct 24, 1945.Google Scholar

² See Mutua, Makau, Human Rights: A Political and Cultural Critique (Philadelphia: U Penn Press, 2008).Google Scholar

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⁴ See, e.g., Morgan, Ed, “Use of force against Iraq is legal” National Post (March 19,2003).Google Scholar

⁵ The overwhelming majority of opinions of international law scholars and jurists was that the invasion was illegal. See Severin Carrell and Robert Verkaik, “War on Iraq was Illegal, Say Top Lawyers” The Independent (May 25, 2003).Google Scholar

⁶ The American-led invasion was never authorized by the United Nations. In September 2004, then-Secretary General Kofi Annan publicly declared that the invasion had been “illegal”. See Ewen MacAskill and Julian Borger, “Iraq war was illegal and breached UN charter, says Annan” The Guardian (16 September 2004).Google Scholar

⁷ See, e.g., Getting Back on the ‘Rights’ Track: A Human Rights Agenda for Canada (Ottawa: Amnesty International Canada, 2011) [noting that Canada's standing as an international human rights champion has dropped during the Harper years, both in the international realm and in ensuring human rights domestically].Google Scholar

⁸ Clark, Campbell, “Harper honoured in N.Y. as statesman of the year, aims to snub UN” The Globe and Mail (September 11, 2012).Google Scholar

⁹ Appeal of Conscience Foundation, online: http://www.appealofconscience.org/about-us.cfm.Google Scholar

¹⁰ “Canadian Prime Minister Stephen Harper receives World Statesman Award at 2012 ACF Dinner” (September 27, 2012). Full text online: http://www.appealofconscience.org/news/article.cfm?id=100271.Google Scholar

¹¹ Clark, Campbell, Martin, Patrick and Mackinnon, Mark, “Envoys out as Canada abruptly severs ties with Iran” The Globe and Mail (September 7, 2012)Google Scholar

¹² Israel's bombing of Gaza, known as “Operation Cast Lead”, in December 2008-January 2009 was the subject of a United Nations Fact-Finding Mission that concluded in its September 2009 report that numerous violations of international law occurred not only during the Israeli military's three-week assault, but in the underlying conditions of the more than 40 year occupation of Palestinian territories.Google Scholar

¹³ Getting back on the ‘rights’ track, supra at 4, 14.Google Scholar

¹⁴ Clark, Campbell, “In accepting World Statesman award, Harper paints picture of uncertain world” The Globe and Mail (September 28, 2013).Google Scholar

¹⁵ See Ibbitson, John, “Mulroney's advice to Harper: Don't give up on the United Nations” The Globe and Mail (October 4, 2012). See also Paul Heinbecker, “It's not just the drought treaty. Canada is vanishing from the United Nations” The Globe and Mail (April 1,2013).Google Scholar

¹⁶ In the time passed since these remarks were delivered, Canada has withdrawn from an important international drought convention that will protect vulnerable people from the effects of climate change. See Mike Blanchfield, “Canada first country to pull out of UN drought convention” The Globe and Mail (March 27, 2013). Canada also refused to sign a new treaty designed to curb arms trading. See Stephanie Levitz, “Canada opts not to sign landmark arms-trade treaty for now” The Globe and Mail (June 3, 2013).Google Scholar

¹⁷ “UN review finds Canada falling short on child rights”, The Canadian Press (October 10, 2012). Online: http://www.cbc.ca/news/politics/story/2012/10/10/pol-cp-united-nations-canada-child-justice.html. The report was referring to Bill C-10, the federal Safe Streets and Communities Act (received Royal Assent on March 13, 2012).Google Scholar

¹⁸ Ibid.Google Scholar

¹⁹ See Kennedy, David, “The International Human Rights Movement: Part of the Problem?” (2002) 15 Harv Hum Rts J 101.Google Scholar

²⁰ For example, a closed-door inquiry headed by former Supreme Court of Canada Justice Frank Iacobucci found that Canada was indirectly responsible for the torture of three Muslim-Canadian men. In another case, the government paid $10 million in compensation to Maher Arar after a public inquiry found that Canadian security officials had given false information that led to his rendition to torture in Syria. See generally Kent Roach, The 9/11 Effect: Comparative Counter-Terrorism (New York: Cambridge U Press, 2011).Google Scholar

²¹ In some countries, the final step of implementation is not required. In such states, international treaties duly ratified by the Executive gain the force of law without the requirement of any domestic legislative action. Historically, France is the model monist state. The Westminster system of government has typically required independent legislative action to make international law binding, though this is changing. Under the 2010 Constitution of Kenya, for example, automatic incorporation of international law is provided. See Constitution of Kenya (adopted 27 August, 2010), Article 2 (5) and (6) providing that “general rules of international law” and “any treaty or convention ratified by Kenya” are part of national law.Google Scholar

²² Canada has signed and ratified seven key international human rights instruments: International Covenant on Civil and Political Rights; the International Covenant on Economic, Social, and Cultural Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination Against Women; the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; and the Convention on the Rights of the Child; and the Convention on the Rights of Persons with Disabilities. Canada has also signed the optional protocols allowing for individual complaints by persons under Canadian jurisdiction with respect only to CEDAW and the ICCPR.Google Scholar

²³ Reference Re Public Service Employee Relations Act (Alta.) [1987] 1 SCR 313 at para 57.CrossRefGoogle Scholar

²⁴ Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817.Google Scholar

²⁵ Ibid at para 71.Google Scholar

²⁶ Suresh v Canada (Minister of Citizenship and Immigration) [2002] 1 SCR 3Google Scholar

²⁷ Ibid at para 72.Google Scholar

²⁸ Ibid at para74.Google Scholar

²⁹ Charkaoui v Canada (Citizenship and Immigration) [2007] 1 SCR 350.Google Scholar

³⁰ The instrument by which non-citizens may be administratively detained without charge is known as the “security certificate”, pursuant to section X of IRPA.Google Scholar

³¹ Charkaoui supra at paras 90, 125–127.Google Scholar

³² “Remarks of the Right Honourable Beverley McLachlin, P.C. Chief Justice of Canada” Symons Lecture (2008). Full text online: http://www.scc-csc.gc.ca/court-cour/ju/spe-dis/bm2008-10-21-eng.asp.Google Scholar

³³ See United Nations Guiding Principles on Business and Human Rights (endorsed by UN Human Rights Council, June 16, 2011). This was the culmination of the work of Professor John Ruggie, Special Representative of the UN Secretary-General on the issue of human rights and transnational corporations and other business enterprises, from 2005-2011.Google Scholar

³⁴ See Francioni, Francesco, ed., Access to Justice as a Human Right (Oxford: Oxford U Press, 2007).CrossRefGoogle Scholar

³⁵ UN Enable, Secretariat for the Convention on the Rights of Persons with Disabilities (SCRPD). Online: http://www.un.org/disabilities/countries.asp?navid=12&pid=166 Google Scholar

³⁶ Disability Convention, Art. 5(2), (3) and (4).Google Scholar

³⁷ Complaints procedures are established under the International Covenant on Civil and Political Rights, the Convention Against Torture Convention Against Torture, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Discrimination Against Women. Canada has, so far, only signed on to the complaints process under CEDAW and the ICCPR.Google Scholar

³⁸ Standing Senate Committee on Human Rights, Level the playing field: A natural progression from playground to podium for Canadians with disabilities, The Honourable Mobina S. B. Jaffer, Chair (June 2012). Online: http://www.parl.gc.ca/Content/SEN/Committee/411/ridr/rep/rep07junl2-e.pdf.Google Scholar

³⁹ Jazairi v Ontario Human Rights Commission (1999), 175 DLR (4th) 302 (Ont CA).Google Scholar

⁴⁰ Nuri Jazairi v Canada, Communication No. 958/2000, U.N. Doc. CCPR/C/82/D/958/2000 (2004).Google Scholar