Results at a glance: Evaluation of Charter Statements

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In December 2019, a new section of the Department of Justice Act came into force requiring the Minister of Justice to ensure a Charter Statement is tabled in Parliament for every new government bill.

Charter Statements are short documents that describe, in an informal manner and using accessible language, the potential effects of a bill on the rights and freedoms included in the Canadian Charter of Rights and Freedoms (the Charter). They are intended to inform parliamentary and public debate on a bill, by explaining how certain Charter rights and freedoms may be engaged, including the possibility of how a bill may limit these rights and freedoms in a manner that is demonstrably justifiable in a free and democratic society.

Charter Statements are developed by the Human Rights Law Section (HRLS), in consultation with Justice policy leads (for Justice bills) or the Legal Services Unit (LSU) of the lead policy client department. They are tabled after the introduction of the bill in Parliament and are subsequently published on the Justice website.

What was found

Recommendations

Recommendation 1: The Public Law and Legislative Services Sector, in consultation with appropriate parties, should clarify that in addition to their primary purpose of identifying the potential effects of government bills on Charter rights and freedoms, Charter Statements also describe key considerations that support the position of the federal government on the constitutionality of a proposed bill.

Recommendation 2: The Human Rights Law Section should further expand the range of reference documents and templates available to support the efficient and consistent development of new Charter Statements.

Recommendation 3: The Public Law and Legislative Sector, in consultation with appropriate parties, should take measures to increase legal counsel from LSUs’ awareness and understanding of the Charter Statement requirement and of their role in the drafting process.

Recommendation 4: The Public Law and Legislative Services Sector, in consultation with appropriate parties, should identify ways to increase external stakeholders’ awareness of Charter Statements associated with new bills.

About the evaluation: The Evaluation of Charter Statements was conducted by the Department of Justice Canada’s Evaluation Branch and covered fiscal years 2019-20 to 2023-24. It examined the implementation of the new Charter Statement requirement along with continued relevance, effectiveness, and efficiency, in accordance with the Treasury Board’s Policy on Results (2016).