These questions sit at the heart of Canada's constitutional framework, but their answers are not always straightforward.
On November 26, the uOttawa Public Law Centre and the Faculty of Law Research Office will bring together leading experts in constitutional and international law for a panel discussion of Foreign Affairs in the Canadian Constitution, a new book by Dr. H. Scott Fairley.
From international trade agreements to climate change policy, decisions with significant international implications can raise difficult questions about the division of powers between federal and provincial governments. The panel will examine the constitutional foundations of Canada's foreign affairs powers, how they have developed over time, and what they mean for the exercise of government authority today.
Dr. Fairley's book offers a comprehensive examination of the relationship between federal executive power, the royal prerogative and the division of legislative powers between the federal and provincial governments. Drawing on landmark federal-provincial disputes, including debates over free trade in the 1980s and the Supreme Court of Canada's consideration of federal climate change legislation, he traces how Canada's constitutional approach to foreign affairs has taken shape.
The book also places Canada's experience in comparative perspective, examining the constitutional frameworks of Australia and the United States. Fairley argues that constitutional evolution, government practice and judicial interpretation have collectively established foreign affairs as a constitutionally supported area of federal jurisdiction.
Dr. Fairley will be on hand to present his book and introduce its central arguments, followed by a panel discussion exploring the foundations and evolution of Canada's foreign affairs powers. Panellists include:
- Yves Le Bouthillier, Professor Emeritus, Common Law Section, University of Ottawa
- Laura Barnett, Senior Manager of Human Rights, Immigration and Citizenship, Library of Parliament
- Daniel Turp, Professor Emeritus, Faculty of Law, Université de Montréal
- Warren Newman, Visiting Fellow, uOttawa Public Law Centre
The discussion will be moderated by Kristen Boon, Susan & Perry Dellelce Dean of the Common Law Section.
Dr. Fairley is a partner at Cambridge LLP and Co-Chair of the firm's International Arbitration Group. He holds an S.J.D. in International and Constitutional Law from Harvard University and has appeared as counsel before courts at all levels in Canada, including the Supreme Court. His work spans constitutional law, international law and domestic and international arbitration.
Event details
Thursday, November 26, 2026
11:30 a.m. – 1:00 p.m.
Fauteux Hall, Room 202, University of Ottawa
57 Louis-Pasteur
English-language event
