Annual Report - Activities and Priorities of Dept. Justice International Private Law 2008


[197] This report deals only with the activities of the Department of Justice in international private law over the past year and its current priorities. It must be emphasized, however, that the accomplishments of the last year rest on the work carried out over the last 40 years by many Canadians from all levels of government and all sectors. The Department acknowledges with great appreciation the contributions of so many who have given their time and expertise over four decades and who have allowed Canada to take a leading role in many international private law activities at the international level.

[198] Further work remains to be done in terms of implementation of existing international instruments at the provincial, territorial and federal levels. The Department’s International Private Law Section will continue its efforts over the coming year.

[199] The Department of Justice proposes to continue focusing on implementation in the medium term. We suggest that particular attention be given to implementing the following conventions:

(1) Convention on the Law Applicable to Trusts and their Recognition (The Hague)

(2) Convention Providing a Uniform Law on the Form of an International Will (Unidroit)

(3) International Interests in Mobile Equipment Convention and its Aircraft Protocol (Unidroit/ICAO)

(4) Conventions on the Limitation Period in the International Sale of Goods (UNCITRAL)

(5) ICSID Convention (World Bank)

(6) Convention on the Protection of Adults (The Hague)

(7) Convention on the Protection of Children (The Hague)

(8) Convention Abolishing the Requirement of Legalization for Foreign Public Documents (The Hague).

Suggestions for additions to this list are welcome. While we propose a collective effort for the implementation of these conventions, we recognise that other instruments may be of particular interest to jurisdictions and we look forward to considering them.

[200] To maintain our emphasis on implementation, we hope to be able to devote greater resources to implementation activities. It is clear that collaboration between the Department of Justice and the ULCC in matters of international private law remains key to achieving this objective and we look forward to continuing international private law work with the Conference.

[201] We would like to reiterate our invitation to members of the ULCC to provide us with comments or questions arising from this report. We would be particularly interested in knowing whether the ordering of our priorities corresponds to the priorities of the provincial and territorial governments. Your comments or questions may be directed to any counsel in the International Private Law Section of the Department (see contact list in Annex A).

Next Annual Meeting

August 2021

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