A Higher Authority: Canada’s Cannabis Legalization in the Context of International Law
Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers a look at some of the cannabis-related human rights jurisprudence that arose in various jurisdictions. Finally, Part IV analyzes the Cannabis Act in light of the international economic law framework, providing an in-depth overview of how various WTO provisions might affect the Cannabis Act as drafted.