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Regina v. Vincent

Canada.  22 January 1993 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Treaties — Whether conferring justiciable rights on individuals in absence of implementing legislation — Legislation recognizing “treaty rights of aboriginal peoples of Canada” — Whether including international treaties concluded between sovereign States — Article III, Great Britain — United States Jay Treaty, 1794 — Whether conferring enforceable right on Canadian Indians to import commercial merchandise into Canada without duty

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Great Britain — United States Jay Treaty, 1794 — English authentic text — French translation of provision not faithful to authentic text — What reliance can be placed on translation

Treaties — Individuals — Whether treaty creating rights and obligations confers justiciable rights upon individuals resident in the contracting States — Whether contracting State has fiduciary duty towards citizens in respect of rights and obligations created under a treaty — Great Britain — United States Jay Treaty, 1794 — The law of Canada

Type
Case Report
Copyright
© Cambridge University Press 1997

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