Event Details

The Making of a Foreign Affairs Power in Canada's Constitution and Why it Matters in These Uncertain Times

We're pleased to welcome Scott Fairley (Cambridge LLP) for a lecture on his newly released book, Foreign Affairs in the Canadian Constitution.

This hybrid event will be held on January 29 at 12:00PM MST in room 113 of the Law Centre and online via Zoom.

To register for in-person attendance, please click the red button on the right-hand side of the page, or follow this link: Foreign Affairs in the Canadian Constitution | January 29 @ 12:00-1:00 PM MST | Eventbrite

To register for online attendance, please follow this link: Foreign Affairs in the Canadian Constitution | January 29 @ 12:00-1:00 PM MST | Zoom 

Abstract: This book challenges siloed understandings of treaty-making (federal) and treaty implementation (federal or provincial depending on subject matter, regardless of the international context) with a view to bringing them together under a single subject, as its title suggests. However, it does so, mindful that Canada remains a diverse federal state spread over a vast territory. My account does not seek to drive a cart and a horse through constitutionally allocated provincial powers. What I do say, however, is that the "international" makes the "local" of national interest and importance for purposes of federal competence to act comprehensively for that purpose, both at the executive level and through Parliament as a key part of federal residual powers for the Peace, Order and Good Government of the Nation (or POGG for short). Federal trade and commerce cases have also been very helpful in conveying a similarly principled message. There are chapters on both. In this, I am perhaps a little ahead of the Supreme Court of Canada on point, but that court is not far behind. We might even go so far as to say that our current government is leading with its chin in this area in seeking new allies to augment or replace our now mercurial neighbor to the south and trying to pull off grand projects in the national interest, in part, to nurture those relationships.

Speakers

H. Scott Fairley

Partner, Cambridge LLP., A.B., LL.B. (Queen’s U. at Kingston), LL.M. (NYU), S.J.D. (Harv.)
Scott has a diverse civil litigation and arbitration practice, a significant portion of which involves public law and international law issues. He was lead counsel in bringing a reference case to the Federal Court of Appeal and then to the Supreme Court of Canada which established the current governing test for the commercial activity exception to sovereign immunity under Canada’s State Immunity Act, has acted for private and foreign government clients on sovereign immunity cases and in domestic Crown immunity cases in provincial jurisdictions within Canada, and has appeared as amicus curiae counsel and as an expert witness in U.S. federal courts. A former academic, Scott has continued to publish widely in the fields of public and private international and constitutional law.

Event Date(s):

January 29, 2026, 12:00 pm to 1:00 pm

Register Here
Subscription Form

Subscribe

Protection of Privacy – Personal information provided is collected in accordance with Section 33(c) of the Alberta Freedom of Information and Protection of Privacy Act (the FOIP Act) and will be protected under Part 2 of that Act. It will be used for the purpose of managing CCS’ email subscription lists. Should you require further information about collection, use and disclosure of personal information, or to unsubscribe, please contact: Administrator, Centre for Constitutional Studies, 448D Law Centre, University of Alberta, Edmonton AB, T6G 2H5, Tel: 780-492-5681, Email: ccslaw@ualberta.ca. You may unsubscribe from our email lists at any time.
Centre for Constitutional Studies
448D Law Centre
University of Alberta
Edmonton, AB T6G 2H5
chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram