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