Is an international obligation binding Canada at international law but enforceable in Canadian law?
Canada (Federal), Canada
The following excerpt is from Revell v. Canada (Citizenship and Immigration), 2019 FCA 262 (CanLII):
In that respect, I wish to make some observations. First, Canada is still a dualist system in terms of reception of international law. As such, even those treaties to which Canada is a party will not be binding in Canadian law unless they are given effect through domestic law. For that reason, the mere existence of an international obligation may well bind Canada at international law, but will not be enforceable in a Canadian court of law (Francis v. The Queen, 1956 CanLII 79 (SCC), [1956] S.C.R. 618 at p. 621, 3 D.L.R. (2d) 641; Kazemi at para. 60).
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