Charter Statement - Bill C-78: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act

Charter Statement - Bill C-78: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act The Minister of Justice prepares a “Charter Statement” to help inform public and Parliamentary debate on a government bill. One of the Minister of Justice’s most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms (“the Charter”). By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed. A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. A Charter Statement is intended to provide legal information to the public and Parliament on a bill’s potential effects on rights and freedoms that are neither trivial nor too speculative. A Statement is not a legal opinion on the constitutionality of a bill. 2023-05-17 Department of Justice Canada OG-GO@justice.gc.ca Government and PoliticsLawPersonsProcessesSociety and CultureDepartment of JusticeAccess to InformationCanada's System of JusticeJustice Canada PublicationsCharter of Rights and FreedomsCharter Statements42nd Parliament: 1st Session Statement of Potential Charter ImpactsHTML https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c78.html Statement of Potential Charter ImpactsHTML https://www.justice.gc.ca/fra/sjc-csj/pl/charte-charter/c78.html

The Minister of Justice prepares a “Charter Statement” to help inform public and Parliamentary debate on a government bill. One of the Minister of Justice’s most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms (“the Charter”). By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed.

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms.

A Charter Statement is intended to provide legal information to the public and Parliament on a bill’s potential effects on rights and freedoms that are neither trivial nor too speculative. A Statement is not a legal opinion on the constitutionality of a bill.

  • Publisher - Current Organization Name: Department of Justice Canada
  • Publisher - Organization Name at Publication: Department of Justice
  • Licence: Open Government Licence - Canada

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