I'd be happy to clarify that.
In Canada, international law is formally received into domestic law through implementation by statute. That, however, is really not the end of the conversation, particularly when we look at statutory interpretation. Statutory interpretation is probably the most boring class in law school, and it has to do with how we divine the meaning of words and phrases in our legislation. Increasingly—and this is what I refer to—courts are turning to Canada's international commitments to decipher words or phrases that may appear in our own domestic legislation and that, for whatever reason, are unclear. As I said, this is a speculative process, but it's one that has happened again and again, and it has certainly gained favour in Canadian legal circles. The Supreme Court itself is engaged in this. There's nothing new or unusual about it.
I think what should be of concern to the Canadian government when considering the arms trade treaty is ensuring that, for example, when we have overarching statements of principle—let's say, for example, about how Canada ought to view the regulation of firearms, be they civilian or not—those phrases not be inadvertently transmitted and received into our domestic legislation. I pointed to the example of a judge who is trying to weigh a particular phrase in the Criminal Code—and in this case it would be something about firearms transfer, whether it be ownership, registration, or use—who would then look to the international law and say, “Well, if Canada has made this profound and overarching statement on”—let's say—“firearms control, including civilian use, then I should take a harsh or stricter interpretation.” That is precisely how it could affect law-abiding gun owners in Canada.
Ordinarily, for example, when we have an ambiguity in a Criminal Code statute, we say it's resolved in favour of the accused. If, however, there are other interpretive sources, such as international law, that give a different interpretation, that rule may not be followed.