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Bill S-15: An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
Department of Justice Canada
Department of Justice Canada — 2023-12-11 Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency 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 inconsistency 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. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society. 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. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada
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Litigation Year In Review 2018
Department of Justice Canada
Department of Justice Canada — 2019-02-05 In 2018, the Attorney General was responsible for representing the federal government in approximately 36,000 litigation matters. In the fulfillment of her mandate letter commitments, the Attorney General carried out her litigation responsibilities with a particular focus on the following: * Advancing reconciliation with Indigenous peoples * Defending federalism * Respecting the Charter of Rights and Freedoms * Protecting public safety and national security * Cracking down on tax avoidance https://open.canada.ca/en/open-government-licence-canada
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The Criminal Code of Canada
Department of Justice Canada
Department of Justice Canada — 2021-06-04 The Criminal Code is a federal law that includes definitions of most of the criminal offences that the Parliament of Canada has enacted. It is often updated as society evolves and to improve the Canadian criminal process. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement - Bill C-66: An Act to establish procedure for expunging certain historically unjust convictions and to make related amendments to other Acts
Department of Justice Canada
Department of Justice Canada — 2018-01-11 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. Bill C-66 seeks to address this historical injustice by expunging their criminal records to make it as if they had never been convicted of certain offences. This relieves persons of the stigma of a criminal record and recognizes the disadvantage faced by them because of their sexual orientation. https://open.canada.ca/en/open-government-licence-canada
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Accessibility Plan for the Department of Justice of Canada
Department of Justice Canada
Department of Justice Canada — 2022-12-21 The Accessible Canada Act (2019) requires that Federal Departments publish Accessibility Plans. However, the mission behind this Plan goes far beyond meeting a requirement. The Act and this Plan push us toward a better future for our country – one where everyone can take part fully in society. The work we do in support of the Act and this Plan benefits everyone through the realization of a Canada without barriers, a goal the Act commits to achieving by 2040. While everyone benefits from this work, the benefit to persons with disabilities is the true mission. In support of the Government of Canada’s goal of a barrier-free Canada by 2040, the purpose of Justice Canada’s Accessibility Plan is to create a cohesive, unifying force within the accessibility community at Justice that allows us to create meaningful change together. A dedicated network exists to support the Accessibility Plan and ensure we achieve these goals, with two Co-Champions, six Pillar Leads, an Executive lead for accessibility and an Accessibility Coordinator, the Advisory Committee on Persons with Disabilities, and the Accessibility Plan Task Force. To ensure the Plan itself reflects high standards for accessibility and inclusion, the development process involves intensive review for Plain and Inclusive language. Further, intersectional Gender-based Analysis Plus (GBA Plus) and the perspectives of diverse equity-seeking groups inform the content. Changing our Department’s culture to one of accessibility by default is the ultimate goal of this Plan. To do this, we align the Accessibility Commitments for Justice Canada under six Pillars: * Employment * Built Environment * Information and Communications Technology (ICT) * Communications, other than ICT (Communications) * Procurement * Design and Delivery of Programs and Services (DDPS) Each Pillar includes an outcome statement that defines the long-term mission, a list of key barriers and solutions, and a list of actions that target the barriers and lead to the outcome. A seventh Pillar, Transportation, exists in the Accessible Canada Act but falls outside the scope of Justice Canada’s mandate. The voices of people with lived experience, including diverse subgroups with intersecting identity factors, such as women with disabilities, Indigenous persons with disabilities, 2SLGBTQI+ persons with disabilities and others, are essential to our success at all points. We selected the Outcomes and Actions that define the path we lay out in this Plan with a great deal of care for and attention to the voices of those with lived experience. These Outcomes and Actions lay out specific changes that send us on a journey to a state where employees and clients of Justice Canada with disabilities should see the Department as an employer and service provider of choice. The Accessible Canada Act includes a robust accountability framework. After publishing its first Accessibility Plan, Justice Canada must update and publish a new Plan every three years. It must also establish a feedback form to allow employees and clients to inform the content of the Plan and comment on its implementation. The Department must also prepare annual progress reports to document the main concerns expressed in feedback and explain how the department responds. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement - Bill S-7: An Act to amend the Customs Act and Preclearance Act, 2016
Department of Justice Canada
Department of Justice Canada — 2022-05-10 Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency 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 inconsistency 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. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society. 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. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement: Bill C-20: An Act respecting additional COVID-19 measures
Department of Justice Canada
Department of Justice Canada — 2020-07-22 The Minister of Justice prepares a "Charter Statement" to help inform the 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. It is NOT intended to be a comprehensive overview of Charter considerations, recognizing that a bill may change over the course of its passage through Parliament. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study. A Statement is NOT a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada
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Fact Sheet - Duties for parents and others
Department of Justice Canada
Department of Justice Canada — 2020-11-20 Acting in the best interests of the child is the number one priority in all family law matters involving children. The new Divorce Act sets out duties for parents and others to help them act in the best interests of the child, including when courts are involved. Changes to the Divorce Act also include new duties for legal advisers to help parents and others meet their duties under the Act. This document will give you information on each duty, and help you understand how best to meet your legal obligations. https://open.canada.ca/en/open-government-licence-canada
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A case study of the Edmonton Police Service’s response to senior abuse
Department of Justice Canada
Department of Justice Canada — 2023-10-01 Seniors safety, including the elimination of neglect, abuse and violence against older persons (hereafter referred to as “senior abuse”), is a national and international priority. In order to develop evidence-based solutions, data on the nature and extend of senior abuse are required. As law enforcement agencies are engaged to respond to some incidents of senior abuse, partnerships with police services can help shed light on what date are collected and how they are used. Justice Canada collaborated with the Edmonton Police Service’s (EPS) Senior Protection Unit to examine data collection practices and responses to senior abuse in Edmonton, Alberta. Alberta has adopted a coordinated community response (CCR) model to help address senior abuse. Under a CCR model, community organizations and service providers collaborate to offer people-centred services for seniors and families of seniors affected by abuse. The goal is to connect clients with the appropriate supports and interventions with respect to housing, finances, legal aid, court support, health services, counselling, and dispute resolution. In Edmonton, the CCR model includes triaging senior abuse cases according to risk level, with the Elder Abuse Resources and Supports Program (EARS) managing low- to medium-risk cases, and the Seniors Protection Partnership (SPP) managing high-risk cases. The EPS’s Senior Protection Unit has dedicated detectives who handle complex and serious senior abuse cases and work in partnership with the SPP, the team managing high-risk cases, while also referring lower-risk cases to EARS, when appropriate. This case study examined 691 senior abuse incidents or suspicions (hereafter referred to as “reports”) from 2015 to 2021, identified using two data sources: the SPP database and the Edmonton Police Reporting and Occurrence System (EPROS), a record management system used by the EPS. This represents all senior abuse reports that came to the attention of the Senior Protection Unit during this period. The study also included two group interviews with 10 key informants, including detectives from the Senior Protection Unit, representatives from the City of Edmonton, and community service providers who are members of Edmonton’s Elder Abuse Consultation Team via the SPP. https://open.canada.ca/en/open-government-licence-canada
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HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers
Department of Justice Canada
Department of Justice Canada — 2022-01-04 Purpose of the toolkit This toolkit was developed with input from family law and family violence experts from across Canada. It is designed to: *Respond to research calling for a tool designed specifically for family law legal advisers to use in identifying and responding to family violence; *Provide practical guidance to legal advisers to gather the information they need both for the family law case and to connect clients to other services to promote their safety; *Assist legal advisers with varying levels of experience in dealing with cases involving family violence; and *Be incorporated into a legal adviser’s existing practice and support them in using their own experience, expertise and professional judgment. Please note that while the toolkit contains relevant background information and practical guidance, it is not intended to replace more comprehensive education and training on family violence; these are important to increase your understanding of the complex dynamics of family violence and family law. The Department of Justice Canada offers a free accredited online course on Family Violence and Family Law for Legal Advisers: http://www.justice.gc.ca/eng/fl-df/cfl-mdf/trai-form/index.html. Law societies, bar associations and many other organizations also offer training on family violence. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement: Bill C-65: An Act to Amend the Canada Elections Act (Electoral Participation Act)
Department of Justice Canada
Department of Justice Canada — 2024-05-30 Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency 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 inconsistency 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. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society. 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. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada
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Canada's System of Justice
Department of Justice Canada
Department of Justice Canada — 2015-01-01 This publication provides Canadians with a generalized view of how Canada's Justice System works. Specifically, it defines the differences between public and private law, how laws are kept up to date and the role that the Canadian Constitution in defining the fundamental rules and principles that govern Canada. Covered in both the PDF and HTML files are the roles of the public in the Justice system, alongside what is expected of Canadians when they are interacting with the Justice system as either a juror, witness or other positions. Viewers of this document in PDF format should note that as of 2015, it has been considered to be archived and will henceforth not be updated. Note to reader: This booklet provides general information about Canada’s justice system. It is not intended as legal advice. If you have a problem, you should consult a lawyer or other qualified professional. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement - Bill C-34: An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2022
Department of Justice Canada
Department of Justice Canada — 2021-06-23 Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency 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 inconsistency 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. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society. 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. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada
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Ministerial Briefing Binder: Appearance before the Senate Standing Committee on Legal and Constitutional Affairs – Bill C-3: An Act to amend the Judges Act and the Criminal Code - March 17, 2021
Department of Justice Canada
Department of Justice Canada — 2021-07-15 Ministerial Briefing Binder: Appearance before the Senate Standing Committee on Legal and Constitutional Affairs – Bill C-3: An Act to amend the Judges Act and the Criminal Code - March 17, 2021 https://open.canada.ca/en/open-government-licence-canada
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Legal Aid in Canada, 2017/2018
Department of Justice Canada
Department of Justice Canada — 2019-06-19 The Legal Aid Survey was a Canadian Centre for Justice Statistics (CCJS)/Statistics Canada annual survey on revenues, expenditures, personnel, and caseload statistics associated with the administration and delivery of legal aid in Canada. The Legal Aid Survey was first conducted in 1983-84 and data was last published in 2016 (for fiscal year 2014- 15). After the discontinuation of the Legal Aid Survey in 2016, the Department of Justice Canada (JUS) began data collection and reporting in-house. This is the second annual edition of this report. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement - Bill S-4: An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
Department of Justice Canada
Department of Justice Canada — 2022-03-30 Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency 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 inconsistency 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. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society. 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. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada
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Charter Statement - Bill C-29: An Act to provide for the resumption and continuation of operations at the Port of Montreal
Department of Justice Canada
Department of Justice Canada — 2021-04-28 Section 4.2 of the Department of Justice Act requires the Minister of Justice to prepare a Charter Statement for every government bill to help inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency 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 inconsistency 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. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society. This means that Parliament may enact laws that limit Charter rights and freedoms. The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society. 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. It is not intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is not a legal opinion on the constitutionality of a bill. https://open.canada.ca/en/open-government-licence-canada

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