The Department of Justice has prepared this "Statement of Potential Charter Impacts" to help inform public and Parliamentary debate on Bill C-16, An Act to Amend the Canadian Human Rights Act and the Criminal Code. The Statement is also intended to promote greater transparency and understanding of the Minister of Justice's role in examining legislation for consistency with Canada's Constitution.
The Statement identifies potential rationales for any limits on rights and freedoms the Bill may impose. It is important to note that the Charter is not violated every time legislation impacts on or limits a right or freedom. It is only violated where a limit is not so demonstrably justifiable as reasonable and proportional in a free and democratic society.
The Statement is intended to provide legal information to the public. It is NOT intended to be a comprehensive overview of potential impacts, recognizing that the Bill may change over the course of its passage through Parliament. Additional considerations relevant to the constitutionality of the Bill may also arise in the course of Parliamentary study. The Statement is not a legal opinion on the constitutionality of the Bill.