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John H. Currie
The majority Supreme Court of Canada judgment in Hape - a case concerning extraterritorial applicability of the Canadian charter of rights and Freedoms - is premised on three aspects of the relationship between international and canadian law: ( I ) the interaction of customary international law and Canadian common law; ( 2 ) the role of Canada's international legal ibligations in "Charter" interpretatin; and ( 3 ) the potential role of customary international law as a source of unwritten principles of the Canadian Constitution. This article reviews pre-existing law in all three of these areas and analyzes a number of innovations apparently introduced thereto, with little or no explanation, by the majority in "Hape". It concludes that "Hape" seriously exarcerbates an already uncertain relationship between international and Canadian law, with fundamental consequences for the rule of Law in Canada.
