More transparency will help ensure fundamental rights: Lynne Vicars, CBA president
Lynne Vicars, president of the Canadian Bar Association (CBA), has welcomed the changes introduced by Bill S-218, requiring more transparency and deliberation before invoking s. 33 of the Canadian Charter of Rights and Freedoms, also known as the notwithstanding clause.
In a statement on behalf of the CBA, Vicars expressed support in principle for the bill’s intention to impose protections surrounding the federal government’s future attempts to trigger the notwithstanding clause.
Vicars said adding transparency and deliberation to the process before resorting to s. 33 would assist in safeguarding Canadians’ fundamental rights, promoting public confidence in the country’s legal institutions, and preventing situations that would trample Charter protections and threaten Canadians in general and marginalized or oppressed persons and communities in particular.
“We look forward to the opportunity to offer constructive comments on the specific provisions of the Bill when it reaches consideration in Committee,” Vicars said in the statement.
Lastly, Vicars stressed the CBA’s continuing commitment to affirming the rule of law, defending fundamental rights, and promoting meaningful discussions on the restrictions of legislative power within a constitutional democracy.
According to legislative information from Canada’s Parliament, Bill S-218 – an Act to amend the Constitution Act, 1982 (notwithstanding clause) – aims to add conditions before Parliament can enact federal legislation invoking s. 33 of the Constitution Act, 1982.
The proposed amendment considers a bill to be infringing if:
Before the House of Commons, the government minister introducing an infringing bill should table a Charter statement including the bill’s potential impacts on the rights and freedoms in s. 2 or ss. 7–15 and the reasons why s. 1 cannot justify any violation of those provisions.
Despite s. 49 of the Constitution Act, 1867, the adoption of a motion to read an infringing bill in the House of Commons for a third time requires supermajority support, specifically the approval of two-thirds of the House membership and the members of at least two groups solely comprising those who are members of the same recognized party.
