The obligation of public authorities to take account of international obligations in exercising their powers

Should international obligations be mandatory relevant considerations to be taken into account by government officials and other public authorities or should they only be permissive considerations? What would be the most appropriate approach for Canada? Scholars and judges in Canada and elsewhere have taken different standpoints on the matter. Should administrative decision-makers be concerned their approach is unclear.;This thesis recommends that ratified but unimplemented treaties should be considered mandatory relevant considerations to be taken into account in Canadian administrative decision-making, as is the case in New Zealand. The level of intensity with which these treaties should be taken into account and the analysis that an administrative decision-maker should perform in reaching his/her conclusion on their relevance is established. The legitimate expectation doctrine should serve as a secondary vehicle giving legal weight to international obligations, following the approach of Australia and the United Kingdom. In order to facilitate the use of treaty terms in the everyday exercise of discretionary powers, the thesis suggests that the government should regularly refer in subordinate legislation and guidelines to international obligations. It also submits that the government should disseminate information on the treaties it ratifies and their potential relevance in decision-making. (Abstract shortened by UMI.).