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The Minister of Justice has examined Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), for consistency with the Charter pursuant to her obligation under section 4.1 of the Department of Justice Act. A Statement is not a legal opinion on the constitutionality of a bill. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. It is not intended to be a comprehensive overview of all conceivable Charter considerations.
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The Charter will be violated only where a limit is not demonstrably justifiable in a free and democratic society.Ī 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.
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This means that Parliament may enact laws that limit 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. 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.Ī Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. 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. 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 Minister of Justice prepares a "Charter Statement" to help inform public and Parliamentary debate on a government bill. Tabled in the House of Commons, December 6, 2018 Explanatory Note Charter Statement - Bill C-84: An Act to amend the Criminal Code (bestiality and animal fighting)