Canada respects international law and European minority language
- Theoretical Framework
- The United States in decline?
- Challenging traditional stances
- Structural challenge: overcoming the hegemony
- The situation in China
- Tracks of thought
- Collapse of China
- Comparative Advantage
It may seem strange to focus on compliance by Canada of European law. Indeed, apart from its Head of the State, Canada is a sovereign and independent State of North America, (Statute of Westminster, 1931 and Constitutional Law, 1982) which maintains the relation with the continent of Europe as any other state in the globe. However, Canada takes part in the activities in the Council of Europe, the first pan international organization created by the Treaty of London of May 5, 1949. Having made the request in February 1996, Canada was admitted as an observer member of the Council of Europe on 3 April 1996. Thus Ottawa has been attending the Council of Ministers of the European organization since May 28, 1996 and took part in the discussions of the Parliamentary Assembly since May 28, 1997 and actively participates in various commissions and advisory committees.
At the legal level, this participation as an observer member has little effect because only a few chords are open for signature by countries not members of the organization. Whereas, Canada has actually signed and ratified two conventions, one on the Transfer of Sentenced Persons, 21 March 1983 and that the fight against doping, 6 March 1996. Such an extent of participation is more of a symbolic level, because it presupposes recognition of the earlier work of the Council of Europe and adherence to the values, as defined by the European Convention Protection of Human Rights of November 4, 1950, the main source of protection of human rights at international level in Europe. Internationally, Canada is very active in many political organizations; mainly in United Nations.
Because of its history and current situation that results, Ottawa has a strong presence in discussions of minority rights, and de facto language rights which can not be separated, as is proved by the Canadian Charter Rights and Freedoms added to the Canada Act of 1982 under the Trudeau government. It is then to consider the legal position of Canada in respect to various European and international treaty provisions on the rights of linguistic minorities. One may wonder whether Canada complies with all existing sources, or if it reduces or increases the scope instead.
Tags: Canada; respect for international law; European minority language;