Justice committee  Well, I can say in terms of the role of the department that we're certainly involved every time there is a memorandum to cabinet that's being prepared with respect to a proposal for new legislation. The review for all legal risks, including those related to the charter, would take place every time a legislative proposal is under development, either during the policy development phase, at the phase of the memorandum to cabinet, or during the drafting phase.

Justice committee  Certainly. Because of the high threshold for the report, there has never been a Minister of Justice who has ever made a report under this section. When bills are tabled, there is a certification that they have been examined for compliance with the charter, but a report under section 4.1 has never been made.

Justice committee  We feel it's a mark of success with respect to adjustments that are made to policy proposals as they're developed that we have never come to that impasse where a minister would be at odds with cabinet colleagues with respect to the constitutionality of legislation.

Justice committee  It's the minister's decision at the end of the day with respect to advice that the department provides. I think we have a good track record of managing to work with clients in order to address those risks before it would get to that stage.

Justice committee  That's correct. The obligation in the Department of Justice Act does not apply to private member's bills. I understand there is a House committee process that looks at private member's bills before they're put forward for eligibility for the list. It does look at constitutional issues, but that's not an obligation on the minister.

Justice committee  That is because this provision is a private member's bill. It's not covered by the scope of section 4.1 of the Department of Justice Act, and the minister does not have a responsibility to report with respect to private member's bills. On the question of the constitutionality of the bill itself, unfortunately I'm not in a position to be able to provide legal advice to the committee on that, but I would recommend that you can turn to your law clerk of the House.

Justice committee  I don't believe I made any remarks with respect to the special joint committee.

Justice committee  Sorry, it was simply to say that we were sometimes looking at cases where the law had seemed settled and we received an unexpected decision from the court. That would have been the Carter decision, which has now led to the special joint committee that is looking at that issue.

Justice committee  I think, at the departmental level, we're quite satisfied that we have an entirely robust and well-functioning system in terms of how the advice is given and how it is reflected in the policy development process. As I mentioned in my remarks, at the end of the day, it's the minister's responsibility to make the final decision with respect to whether a bill meets the standard in section 4.1 or not.

Justice committee  Thank you very much. It's a pleasure for me to be here today to talk about the Department of Justice's approach to supporting our minister, the Minister of Justice, in performing the examination of government bills and regulations as mandated by section 3 of the Canadian Bill of Rights, section 4.1 of the Department of Justice Act, and also by subsection 3(2) of the Statutory Instruments Act.

Justice committee  In this particular case, I'm not aware that there were any consultations with the Barreau du Québec. It's not unusual for the government to consult in circumstances such as this, though.