Presumption of conformance

There is a principle of statutory interpretation that Canadian legislation is presumed to operate in conformity with Canada’s international treaty obligations. This presumption avoids interpreting a law in a way that conflicts with Canada’s international obligations and censure under international law. The presumption is important in many areas of the law including under copyright and other intellectual property statutes where Canada has numerous treaty and convention obligations including under the Berne Convention, the WIPO Copyright Treaties, GATT TRIPS, the Rome Convention, and the CUSMA.…