Home Research Projects Governance Beyond Borders Publications Discussion Paper - Crossing Borders: Law in a Globalized World Endnotes

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Governance Beyond Borders

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1. Québec, Office québécois de la langue française, Le grand dictionnaire terminologique (2005), online: http://www.granddictionnaire.com [translation]
   
   
2. United Nations Act, R.S. 1985, c. U-2.
   
   
3. Canada, “Notes For An Address By The Honourable Bill Graham, Minister Of Foreign Affairs On The Occasion Of A Tribute To Professor Thomas Franck” (New York, 5 October 2002).
   
   
4. Canada, “Notes For An Address By The Honourable Christine Stewart, Secretary Of State (Latin America And Africa) at The 10th Annual Consultation Between Non- Governmental Organizations and The Department Of Foreign Affairs And International Trade” (Ottawa, 17 January 1995).
   
   
5. Department of Foreign Affairs and International Trade Act, R.S.C. 1985, c. E-22, paragraph 10(2)(c).
   
   
6. The Access to Information Act, R.S.C. 1985, c. A-1 includes exemptions to disclosure in ss. 13 and 15 that could both be used to bar release of information on international negotiations.
   
   
7. Library of Parliament, International Treaties: Canadian Practice (April 2000, PRB 00-04E).
   
   
8. These points were made by Professor Armand de Mestral of McGill University at the October 2005 Conference of the Canadian Council on International Law.
   
   
9. Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817.
   
   
10. Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3.
    
    
11. Bouzari v. Iran (2004), 71 O.R. (3d) 675 at para. 65-66 (C.A.). See also Jose Pereira E Hijos S. A. v. Canada (Attorney General), [1997] 2 F.C. 84 at para. 20 (F.C.T.D.).
    
    
12. Note, however, that at the regional level, in the context of the European Court of Human Rights, there have been many instances of inter-state complaints.
    
    
13. Crimes Against Humanity and War Crimes Act, S.C. 2000, c.24.
    
    
14. In Bouzari v. Iran, an Iranian emigrant (and new Canadian citizen) brought suit in Ontario against Iran for torture suffered in that country as a consequence of a soured business deal with an Iranian government-affiliated enterprise. The Court of Appeal of Ontario was of the view that: “ Canada’s treaty obligation pursuant to Article 14 does not extend to providing the right to civil remedy against a foreign state for torture committed abroad,” a view disputed by some commentators.
    
    
15. R. v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 3), [2000] 1 A.C.147.