—of constitutional legislative initiatives, including our British North America Act, and our Bill of Rights which came in under Prime Minister Diefenbaker. No study is necessary, in our view, into a process that is clearly working and ensures effective charter review.
I have had the benefit of looking back on transcripts of testimony in the House and Senate committees, as well as the House itself, from Minister Nicholson, and before him, Minister Toews, and before him, Minister Cotler, and even Minister Blais in 1993. Their responses are basically identical as to how the process works. The proposals are reviewed for charter and other legal risks throughout the policy development process, up to and including the introduction of legislation. Relevant risks are brought to the attention of senior officials and ministers, and every effort is made to mitigate them. Once the government bill is introduced, the chief legislative counsel certifies—there is a certification process—on behalf of the deputy minister of justice that the necessary review has been carried out. If a Minister of Justice were to conclude that a given government bill was at the time of introduction inconsistent with the charter, a report under subsection 4.1(1) would be issued. In other words, that is the triggering event.
In practice, the review process ensures that concerns potentially rising to such a level will have already been addressed. The process I have outlined works. It has been respected by government. It is our view that this study is unnecessary. I would urge the members of this committee to defeat this motion.