Sure. Thanks for that question.
You will know that in the work we do as officials in the Department of Justice, supporting the minister and the government in the development of criminal law reform, we work very closely with colleagues in the department who have expertise on the charter. We obviously look at case law. We look at constitutional decisions. That informs the policy and the legal advice we provide to the minister.
The minister talked about his obligations under the Department of Justice Act, which are twofold. Under section 4.1, he has an obligation to table a report in Parliament when he believes a piece of legislation is inconsistent. He has not done that. As he said in his testimony, he does believe the legislation is constitutional. We also have the charter statement, which talks about how the proposed changes in a piece of legislation intersect with charter rights and the kinds of considerations that inform the overall assessment around the constitutionality of the legislation.
