CANADA'S INTERNATIONAL OBLIGATIONS UNDER THE LEADING INTERNATIONAL CONVENTIONS ON THE CONTROL OF NARCOTIC DRUGS


Daniel Dupras

Law and Government Division

20 October 1998

LIBRARY OF PARLIAMENT

TABLE OF CONTENTS

INTRODUCTION

IMPLEMENTATION OF TREATIES IN CANADA

THE CONVENTIONS ON DRUGS AND PSYCHOTROPIC SUBSTANCES

A. Single Convention on Narcotic Drugs, 1961

1. Establishment of an International Institutional Structure

2. Prohibition and Control of Prohibited Substances

B. Convention on Psychotropic Substances

C. Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

BRIEF DESCRIPTION OF THE CONTROLLED DRUGS AND SUBSTANCES ACT

PARTICULAR ASPECTS OF THE INTERNATIONAL CONVENTIONS ON DRUGS

A. Particular Features of National Legal and Judicial Systems

B. Possession of Cannabis and Rehabilitation Programs

1. Extracts from the Conventions

a. Single Convention, 1961

b. Convention on Psychotropic Substances, 1971

c. Convention against Illicit Traffic, 1988

2. Possession of Cannabis

3. Rehabilitation Programs

C. Legal Weight of the Resolutions and Declarations of International Organizations

CONCLUSION

APPENDIX: The Procedure for Concluding, Implementing, Ratifying and Coming Into Force of an International Treaty in Canada

INTRODUCTION

Over the years, the traffic in illicit drugs has grown to alarming proportions. Greater cooperation among countries seems to be the only hope if this scourge is to be eradicated one day. Such cooperation takes various forms, and is set out in more concrete form in three international Conventions: the Single Convention on Narcotic Drugs, 1961 (Single Convention, 1961),([1]) the Convention on Psychotropic Substances of 1971([2]) and the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (Convention against Illicit Traffic).([3]) As their titles suggest, these conventions deal with matters that are specific to the problems of narcotic drugs and psychotropic substances, and the traffic in these, which are discussed in greater detail below.

Canada is a Party to each of these Conventions, and takes an active part in the international battle against the illicit trade in drugs. These Conventions require that member states adopt specific legislative measures against the trade in illicit drugs. In 1996, the Canadian legislation on this subject was revised to, among other things, ensure that it complied with Canada's international obligations.([4])

The following pages give a brief description of: the most important of the undertakings made by the parties to these three Conventions; key comments on the scope of those undertakings; and the procedures that the parties are to follow in complying with them. Before proceeding with the description and comments, however, the relationship between international law and Canadian domestic law is discussed. In addition, the appendix describes the procedure for concluding, implementing, ratifying and coming into force of an international treaty in Canada.

IMPLEMENTATION OF TREATIES IN CANADA

In Canada, the legislative branch (i.e., Parliament and the provincial legislative assemblies) have sole jurisdiction to make rules,([5]) which they do by enacting legislation.([6]) They may also enact provisions delegating the rule-making power to a regulatory authority. The only limits on this power are those imposed on the legislative branch by the Constitution. Examples of limitations on the power of the legislative branch are the requirement that the division of legislative powers between the federal and provincial governments not be violated, and the Canadian Charter of Rights and Freedoms.([7])

However, other considerations apart from the Constitution may influence the exercise of legislative power. Implementation of an international treaty is one example. By becoming a party to the three treaties on illicit drugs and traffic in illicit drugs, the Government of Canada has undertaken to adapt its own legislation on drugs to ensure that it complies with the provisions of the treaties. All the measures that a state must take domestically to comply with the provisions of an international treaty constitute the "implementation" of the treaty. The most obvious step in implementing a treaty is the adoption or amendment of legislative provisions.

Not all treaties entered into by Canada require legislative action. If domestic legislation already complies with the undertakings made, as is often the case, there is no need for legislative action. If the treaty has no effect in domestic law, again, there is no need for legislative action.

However, before ratifying an international treaty, the Governor in Council should ensure that the Government of Canada complies with the obligations imposed on the States that are party to the treaty. Otherwise