Constitution Compliance Review Act

An Act to ensure legislative compliance with the Canadian Bill of Rights and the Constitution Acts, 1867 to 1982, including the Canadian Charter of Rights and Freedoms

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Irwin Cotler  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of June 17, 2013
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment establishes a requirement for the review of all bills introduced in the Senate or the House of Commons to ensure that they are not inconsistent with the purposes and provisions of the Canadian Bill of Rights and the Constitution Acts, 1867 to 1982, including the Canadian Charter of Rights and Freedoms. Inconsistency would be determined by the Law Clerk and Parliamentary Counsel of the relevant House if it is the opinion of the Law Clerk that, were that provision to be challenged in court, it would, on the balance of probabilities, be found to infringe, limit or violate the purposes or provisions of any of those statutes.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Constitution Compliance Review ActRoutine Proceedings

June 17th, 2013 / 3:10 p.m.
See context

Liberal

Irwin Cotler Liberal Mount Royal, QC

moved for leave to introduce Bill C-537, an act to ensure legislative compliance with the Canadian Bill of Rights and the Constitution Acts, 1867 to 1982, including the Canadian Charter of Rights and Freedoms.

Mr. Speaker, I am pleased to introduce the constitution compliance review act, legislation that would require, for the first time, constitutional examination of all bills introduced in Parliament, the tabling of a report of constitutional compliance and an independent non-partisan review and compliance mechanism.

It is imperative that parliamentarians be informed of the constitutionality of bills, given our obligation to uphold the Constitution and to oversee the public purse. This bill would thus seek to improve transparency in the parliamentary process by ensuring that all parliamentarians are given an independent analysis of the constitutionality of all bills, regardless of whether they are introduced by the government or opposition, in the House or in the Senate.

(Motions deemed adopted, bill read the first time and printed)