The American Convention on Human Rights: Canada's Present Law and the Effect of Ratification

While Canada is a member of the Organization of American States, it has not ratified the Inter-American Convention on Human Rights (ACHR). However, this article sets out to analyze whether existing Canadian criminal law is in conformity with the obligations set out in the ACHR. The article proceeds comparatively, teasing out the relationship between the particular substantive human rights obligations of the ACHR that relate to the criminal process with the corresponding rights and protections guaranteed by Canadian law. Where the author finds inconsistencies, he considers whether Canada would be required either to alter its present laws in order to ensure conformity with its obligations under the ACHR, or to enter a reservation, understanding, or declaration. [While this article does not focus specifically on women's rights, it is a useful discussion of the Inter-American Convention and its relationship to Canada.]