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2. Foreign and International Impacts on Criminal Justice

Aside from the extra-territorial applicability of the criminal law, the criminal law is domestically prone to many international and transnational influences. This means that for example in Canada, criminal justice is not simply the province of Parliament and the court system. Canada is a party to international human rights as well as international criminal law treaties that impose a number of obligations on it. Moreover, powerful forces of regionalization are shaping the criminal law in many countries. Of course, the susceptibility to such influences will vary depending on the degree to which a state is legally open to outside influences and, for example, comes under the jurisdictional of supranational bodies. Canada has been a bit of an outlier internationally in terms of implementing some of its international human rights obligations into domestic law, or even in interpreting the criminal law to conform to international norms. Nonetheless, with the globalization of crime undeniably comes a globalization of the response to crime and it is increasingly difficult to ignore the pull of transnational and international sources on the criminal law.

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