Charter Statements outline some of the key considerations that inform the review of a proposed bill for consistency with the Canadian Charter of Rights and Freedoms. In particular, a Statement identifies Charter rights and freedoms that are potentially engaged by a Bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed.
A Statement may also identify potential justifications for any limits on the rights and freedoms a bill may impose. It is important to note that when legislation limits a right or freedom, the Charter is not necessarily violated. A violation of the Charter only occurs where a limit on a right or freedom is not demonstrably justifiable in a free and democratic society.
The Minister of Justice prepares Statements to help inform public and parliamentary debate on a proposed bill.
Note: Charter Statements are intended to provide legal information to the public and Parliament and are not intended to be comprehensive overviews of Charter considerations, recognizing that a bill may change over the course of its passage through Parliament. Statements are not legal opinions on the constitutionality of a bill.
Charter Statements - 2017
- Bill C-38: An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons) February 9, 2017
- Bill C-28: An Act to amend the Criminal Code (victim surcharge) February 1, 2017
Charter Statements - 2016
- Bill C-32: An Act related to the repeal of section 159 of the Criminal Code (prohibition against anal intercourse) November 21, 2016
- Bill C-16: An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and expression) October 18, 2016
- Bill C-14: An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) April 22, 2016
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