The federal government is preparing to revive an independent commission that would offer advice to cabinet on reforming Canadian laws.
Justice Minister David Lametti’s office says it is hoping to make an announcement about the commission "soon," but has offered little detail — other than saying the minister is "eager to get it going again."
In the 2021 federal budget, Ottawa committed to spend $18 million over five years and $4 million in ongoing annual funding for a new Law Commission of Canada. Its last iteration had been shuttered by Stephen Harper’s Conservative government in 2006.
But nearly two years later, the only sign of movement on its creation is a job posting for a commissioner role that appears to have been online and accepting applications since January 2022.
Former Liberal attorney general Allan Rock says having a non-partisan, arm’s-length resource to critically examine Canadian laws for weaknesses is a valuable asset.
"I look at the Law Commission as a fabulous resource, which can be essential on behalf of the government and identify areas where reforms are needed," said Rock, who later served as president of the University of Ottawa.
Despite operating and publishing reports as a non-partisan entity, the commission’s history has turned it into a bit of a political beach ball.
It was first created in 1971 on the recommendation of the Canadian Bar Association and served without any apparent controversy until Brian Mulroney’s Progressive Conservative government closed it down in 1992.
Rock brought it back in 1997 while serving as Liberal prime minister Jean Chretien’s justice minister.
Then the Conservatives closed it.
Now the Liberals are reopening it.
Rock says that while he was in office, the commission was adept at identifying weaknesses in the law that the government needed to update or reform.
"Having that kind of commentary is so important. Once you’re actually in government, you’re so damn busy," he said.
"Once you get into office, the opportunity to look beyond the scope of your mandate and think and read and develop your own intellectual storehouse is about zero, given the overwhelming pressures on your time."
Canadian Bar Association president Steeves Bujold said the existence of a Law Commission in a country like Canada is "extremely useful and needed."
He pointed to recommendations that emerged from previous versions of the commission, including to create a unified family court, update the Bank Act and remove restrictions on same-sex marriage, as examples of its usefulness.
"We need our laws to be effective to be up to date. We need to reduce as much as possible the inefficiencies, the conflicts," he said.
"Some of the laws in the books are really old and are not up to date."
When in operation, the commission has typically been populated by legal experts, practising lawyers, former law enforcement officers and advocates sitting on an advisory council. It is expected to be led by a full-time president and four part-time commissioners.
The online application for the commissioner role says the office "may consider important topics such as: systemic racism in the justice system, access to justice, legal issues around climate change, establishing a new relationship with Indigenous Peoples and rapid technological shifts in the world."
The prospective commission would also be able to answer questions about the constitutionality of proposed legislation and how it could be affected by international laws, including trade agreements.
Ottawa also frequently finds itself pushing through legislation to address court rulings that identify gaps or strike down outdated or unconstitutional sections of law, such as on sex work, mandatory minimum sentencing and medical assistance in dying.
Rock said that the commission would have the capacity to identify those potential problems and help the government address them proactively before the courts do.
But he conceded that governments may still decide to avoid politically fraught areas of the law.
Following a landmark 1993 Supreme Court decision that challenged the prohibition on assisted dying and called on Ottawa to pass new laws, Rock admits his own government didn’t make it a priority.
It took another Supreme Court decision in 2015, which ruled that the ban on assisted dying for terminally-ill patients was outright unconstitutional Γüá — and imposed a deadline for legislation Γüá — before Prime Minister Justin Trudeau’s Liberals moved forward with a new law.
"The courts bristle at those cases in which legislators do not have the guts to undertake difficult subjects and pass it on to the court," Rock said.
"It’s not up to the Supreme Court of Canada to fill in gaps in the law in Canada. It’s up to the government to put laws before Parliament that will speak to those gaps. The courts are there to determine the validity of the law tested against the Constitution."
This report by The Canadian Press was first published Jan. 27, 2023
Prime Minister Justin Trudeau has announced that he’s invited premiers to Ottawa for a 'working meeting' to discuss a health-care funding deal, on Feb. 7.
As the minority Liberals plot out their policy moves ahead of the 2023 parliamentary sitting, weighing heavily are commitments Prime Minister Justin Trudeau made to NDP Leader Jagmeet Singh that have to be acted on this year in order to uphold the two-party confidence-and-supply deal. Here is what needs to get done to keep the deal alive.
Governor of the Bank of Canada Tiff Macklem says he thinks Canada is 'turning the corner' on inflation, but he isn't ruling out that the country could enter a 'mild recession.' In an English-language broadcast exclusive interview with CTV National News Ottawa Bureau Chief Joyce Napier, Macklem encouraged Canadians to prepare a 'buffer' to withstand 'tougher times.'
After six weeks, more than 70 witnesses, and the submission of more than 7,000 documents into evidence, the public hearing portion of the Public Order Emergency Commission wrapped up on Friday.
Prime Minister Justin Trudeau sat down with CTV National News Chief News Anchor and Senior Editor Omar Sachedina for a year-end interview to reflect on the political shifts experienced in 2022, and to contemplate the challenges ahead in 2023. Here is a full transcript of the interview.
Based on Justin Trudeau's first-day fail in the House of Commons, 'meeting the moment' is destined to become the most laughable slogan since the elder Pierre Trudeau’s disastrous campaign rallying cry in 1972, which insisted 'the land is strong' just as the economy tanked.
Like Jacinda Ardern, Justin Trudeau’s early handling of the pandemic was a reassuring communications exercise where harsh isolation measures went down easier with a hefty helping of government support, Don Martin writes in an exclusive opinion column for CTVNews.ca. 'But like the New Zealand Prime Minister, the Canadian PM's best days are arguably behind him. '
The Standing Committee on Transport gathered Thursday with MPs demanding an explanation for how that highly unusual Canadian winter combination of heavy snow and cold temperatures which delayed or cancelled thousands of post-pandemic reunions. What they got was a gold-medal finger-pointing performance, writes Don Martin in an exclusive opinion column for CTVNews.ca.
From a more coherent public health and carbon tax position, to cutting the 'Freedom Convoy' connection and smiling more, Pierre Poilievre has seven New Year's resolutions to woo the voters in 2023, writes Don Martin in an exclusive column for CTVNews.ca.
Find out what 'the best brains in Canadian politics' are predicting for Canadian politics in 2023, in Don Martin's exclusive column for CTVNews.ca.
Evan Solomon talks to people and players who dominate the political scene
CTVNews.ca’s Michael Stittle and Nanos Research’s Nik Nanos delve into the opinions of Canadians
Evan Solomon hosts Canada’s top weekly Sunday morning political program
A gay man is taking the federal government to court, challenging the constitutionality of a policy restricting sexually active gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.
Nearly a year since Russia's invasion of Ukraine, community organizers say there is still work to be done to help the thousands of Ukrainian refugees looking to start a new life in Canada while coping with the hardships they've faced coming here.
Canadian Actor Ryan Reynolds dropped by a Toronto college on Wednesday, surprising students in the midst of a school project.
A long-time CBC radio producer who was the victim of a random assault in Toronto last week has died, the public broadcaster confirms.
A Quebec woman said she was very surprised to find her stolen Audi had been used in what’s being described as an “absolutely insane” Ontario mall robbery.
Candice Bergen, the former interim leader of the Conservative Party of Canada, is resigning from Parliament.
As Black History Month gets underway, Canada Post has unveiled a new stamp honouring Chloe Cooley, a young Black woman who was known to challenge her enslavement in the late 18th century.
Scientists in Japan may have unlocked the key to recreating how plants perform photosynthesis, according to a new study, potentially paving the way for new ways to harvest solar energy.
Members of Parliament have unanimously called on Ottawa to start a refugee program to resettle 10,000 Uyghurs fleeing persecution in China.
Two RCMP officers are accused of manslaughter in the 2017 death of an Indigenous man in Prince George, B.C., prosecutors announced Wednesday.
Higher grocery prices are expected to hit stores across Canada soon as a blackout on price increases over the holiday season comes to an end.
A Quebec woman said she was very surprised to find her stolen Audi had been used in what’s being described as an “absolutely insane” Ontario mall robbery.
Nearly a year since Russia's invasion of Ukraine, community organizers say there is still work to be done to help the thousands of Ukrainian refugees looking to start a new life in Canada while coping with the hardships they've faced coming here.
On CTVNews.ca and YouTube: Health journalist Avis Favaro joins our Trend Line podcast, for an in-depth episode dedicated to the growing crises facing the Canadian health-care system.
Nearly 130,000 Helly Hansen sweaters and hoodies have been recalled in Canada due to flammability concerns.
Taiwan scrambled fighter jets, put its navy on alert and activated missile systems in response to nearby operations of 34 Chinese military aircraft and nine warships that are part Beijing's strategy to unsettle and intimidate the self-governing island democracy.
A couple abandoned their baby at an airport check-in desk in Tel Aviv, Israel after arriving without a ticket for the child.
Israeli aircraft carried out several raids at a militant site in the Gaza Strip early Thursday, the Israeli military said, hours after Palestinian militants fired a rocket into Israel's south, raising already heightened tensions under the country's new ultranationalist government.
North Korea on Thursday threatened the 'toughest reaction' to the United States' expanding joint military exercises with South Korea to counter the North's growing nuclear weapons ambitions, claiming that the allies were pushing tensions to an 'extreme red line.'
The Biden administration released a long-awaited study Wednesday that recommends allowing a major oil development on Alaska's North Slope that supporters say could boost U.S. energy security but that climate activists decry as a 'carbon bomb.'
Australia is removing the British monarchy from its bank notes. The nation's central bank said Thursday its new $5 bill would feature an Indigenous design rather than an image of King Charles III. But the king is still expected to appear on coins.
A gay man is taking the federal government to court, challenging the constitutionality of a policy restricting sexually active gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.
The NDP is calling on a House of Commons committee to expand its study of federal contracts awarded to McKinsey & Company and include other consulting firms that have received large contracts.
Candice Bergen, the former interim leader of the Conservative Party of Canada, is resigning from Parliament.
On CTVNews.ca and YouTube: Health journalist Avis Favaro joins our Trend Line podcast, for an in-depth episode dedicated to the growing crises facing the Canadian health-care system.
Lawmakers in Finland approved amendments Wednesday that will make it substantially easier for people to change their legally recognized gender in the Nordic country.
New guidelines on long-term care services by the Health Standards Organization say residents should receive at least four hours of direct care each day. If you or a loved one are living in long-term care, we want to hear from you.
In 2022, San Francisco-based Yelp removed more than 2,000 racist business reviews before they went online — a nearly 10-fold jump over the year before.
Scientists in Japan may have unlocked the key to recreating how plants perform photosynthesis, according to a new study, potentially paving the way for new ways to harvest solar energy.
An archeological team from Saint Mary's University will travel to France this summer to use ground-penetrating radar and other technology to assist a United States defence agency recover and identify military personnel missing since the Second World War.
Missy Elliott, Willie Nelson, Kate Bush, Iron Maiden, Cyndi Lauper, Soundgarden, Sheryl Crow and the late George Michael are the 2023 nominees for induction into the Rock & Roll Hall of Fame, reflecting a mix of country, soul, hip-hop, metal, pop, rap-rock and grunge.
Beyonce is taking her "Renaissance" global — the superstar will start a world tour in Sweden in May with stops throughout Europe and the United States.
Tsuut'ina Nation Police Service officials are encouraging any local victims to come forward following the arrest of actor Nathan Lee Chasing Horse in Las Vegas on sex assault charges.
Hindenburg Research, the financial research firm with an explosive name and a track record of sending the stock prices of its targets tumbling, is taking on one of the world's richest men. Hindenburg is back in the headlines after last week accusing Indian conglomerate Adani Group of 'a brazen stock manipulation and accounting fraud scheme.'
Losses in the energy sector helped lead Canada's main stock index lower in late-morning trading as it fell more than 100 points, while U.S. markets also fell ahead of the U.S. Federal Reserve's latest interest rate decision this afternoon.
A report from an investor-focused advocacy group raises questions about how well some of Canada's biggest investors are meeting their climate commitments. The report from Investors for Paris Compliance (IPC) looks at the voting records on shareholder proposals by 19 Canadian members of Climate Action 100+, a global coalition with around 700 members representing over $68 trillion in assets under management.
The U.K. Supreme Court says people who live in glass houses have a right to privacy too.
Atlantic Lottery says someone in Cape Breton has a record-breaking, multimillion-dollar winning lottery ticket.
As Black History Month gets underway, Canada Post has unveiled a new stamp honouring Chloe Cooley, a young Black woman who was known to challenge her enslavement in the late 18th century.
John Herdman is staying put. After a morning of speculation fuelled by a New Zealand report that the Canada men's soccer coach had agreed to take over the 105th-ranked All Whites, Herdman and Canada Soccer put out the fire with a statement Wednesday.
Brittney Griner's return to the WNBA this summer after being traded in a dramatic prisoner swap in December with Russia has collided with free agency, creating potential travel complications for the league out of safety concerns for her.
LeBron James has climbed into fourth place on the NBA's assists list as he closes in on becoming the league's career scoring leader.
A good winter tire will always outperform an all-season tire in snowy, icy driving conditions and be the safer alternative. Edmunds' experts explain the importance of winter tires and offer advice on when to use them and how much you should pay.
The U.S. Justice Department has requested documents from Tesla related to its Autopilot and 'Full Self-Driving' features, according to a regulatory filing.
Europe is taking another big step toward cutting its energy ties with Russia, banning imports of diesel fuel and other products made from crude oil in Russian refineries. The European Union ban takes effect Feb. 5 following its embargo on coal and most oil from Russia.
CTV News Programs
Local News
© 2022 
All rights reserved. Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy