An Act to amend the Constitution Act, 1982 (notwithstanding clause)

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At second reading in the Senate

Bill-S-218
May 28, 2025 (5 days ago)
Canadian Federal
First reading
0 Votes
Full Title: An Act to amend the Constitution Act, 1982 (notwithstanding clause)
Legal and Constitutional

Summary

This bill changes how laws that challenge protected rights and freedoms can be made. It creates special rules for bills that limit rights under the Charter of Rights and Freedoms. These rules include needing approval from the Supreme Court, specific steps for introducing and debating the bill in Parliament, and requiring a large majority of support to pass it. It also limits how the bill can be discussed and requires explanations for why rights might be limited.

What it means for you

If the bill becomes law, the government can pass laws that limit Charter rights and freedoms, but only under strict rules. The government must get approval from the Supreme Court that such laws might infringe on rights. The laws must include reasons for the limits and a detailed statement about their effects. To pass, these laws need a large part of Parliament's support—two-thirds of the members and support from at least two party groups. The process is more controlled, which might make it harder for laws that limit rights to pass quickly or easily.

Expenses

No publicly available information.

Proponents' View

Supporters say this bill makes it clear when Parliament is allowed to pass laws that limit rights. They believe it protects Charter rights by requiring courts’ approval and detailed explanations. They also argue that needing a large majority reduces the chance of passing laws that unfairly limit rights and ensures broad support.

Opponents' View

Opponents argue that the bill could make it harder for Parliament to respond quickly in urgent situations. They worry that the strict rules and requirement for court approval could delay laws needed for public safety. Critics also say the process might be used to block laws that limit certain rights, even when those laws are justified for the public good.

Original Bill