Canada, Senate Debates, “Effect of Proposed Canadian Charter of Rights and Freedoms on Existing Legislation”, 32nd Parl, 1st Sess (1 April 1981)


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Date: 1981-04-01
By: Canada (Parliament)
Citation: Canada, Senate Debates, 32nd Parl, 1st Sess, 1981 at 2207-2208.
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SENATE DEBATES — April 1, 1981

[Page 2207]

THE CONSTITUTION

EFFECT OF PROPOSED CANADIAN CHARTER OF RIGHTS AND FREEDOMS ON EXISTING LEGISLATION

Hon. Raymond J. Perrault (Leader of the Government): Honourable senators, on March 12 Senator Tremblay asked whether the Minister of Justice or the department had prepared a study concerning the effect of the Charter of Rights and Freedoms on federal laws; if so, could the study be tabled in the Senate; and if such a study had not yet been made, did the Department of Justice intend. to make such a study shortly?

A study concerning the effect of the Charter of Rights and Freedoms has not yet been prepared, but work is now being undertaken by the Department of Justice, in co-operation with other departments and agencies of the government, to examine laws, regulations and practices with a view to identifying those which may be inconsistent with provisions of the charter.

[Page 2208]

Given the volume of legislation and regulations that exist, this task will take a considerable time, and it will likely be several months before the review and assessment are completed.

Since the purpose of this study is to identify legislative and regulatory measures that may require modifications, rather than tabling the study, the more likely course will be for the government to introduce amending legislation where necessary, or to adopt appropriate modifications to regulations and administrative practices.

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