Trieste v. The Queen, 2012 DTC 1125 [at at 3133], 2012 TCC 91, aff'd 2012 FCA 320 -- summary under Treaties

By services, 28 November, 2015

Lamarre J. examined the French version of the Canada-U.S. Convention in order to shed light on the meaning of the phrase "habitual abode" in Art. IV(2)(b). She stated (at paras. 25-26):

Where there are two official versions of a treaty in two languages, the Vienna Convention on the Law of Treaties (Can. T.S. 1980 No. 37), Art. 33(4), allows a comparison of the texts in order to adopt "...the meaning which best reconciles the texts having regard to the object and purpose of the treaty..." ...

The French version when translated literally means "where one stays in an habitual way". This version largely removes any ambiguity that may have been present in the English version.

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