Student Law Review Issue 1 | Page 37

sensitivity of parliament and the international community influenced the decisions of the court. Similarly in Joyce and Boyce, the courts were influenced by the previous discussion made in Pratt and Morgan as well as the ‘call’ for removal of hanging in the Caribbean. The issue however remains, after all these factors are applied, is whether or not the court’s decision in these cases were justified. The case AG of Canada v AG of Ontario49 outlines that even though the executive acceded the treaty, courts still give due consideration to international obligations and try as far as possible to bring it in tangent with local law. Based on this it can be asserted that the doctrine of dualism cannot be rigid, in that the role of the courts is not solely to adhere to these individual theories but rather to ensure that local laws aligned themselves with international obligations as seen in Teoh.                                                               49  (1894) 23 S.C.R. 45  33