To What Extent Can Canadian Courts Be Expected to Enforce International Human Rights Law in Civil Litigation?

This paper explores whether, to what extent, and in what circumstances principles of international law may be employed in Canadian courts in cases involving human rights issues. It outlines the basic principles of incorporation of international customary law and international treaty law in Canada, referring to various cases. The author argues that ample justification exists to expand the use of international law in Canadian courts and encourages lawyers to argue international human rights law in domestic litigation. [The focus of this article is not specifically women's human rights. The reader should be aware that the principles discussed here have been further developed in more recent jurisprudence, examples of which are annotated on this site.]