Standing Senate Committee on Legal and Constitutional Affairs

Standing Senate Committee on Legal and Constitutional Affairs
Name	Standing Senate Committee on Legal and Constitutional Affairs
Legislature	Parliament of Canada
Chamber	Senate of Canada
Type	Standing committee
Jurisdiction	Constitution Act, 1867, Canadian Charter of Rights and Freedoms

Standing Senate Committee on Legal and Constitutional Affairs is a permanent committee of the Senate of Canada tasked with examining legal and constitutional matters referred by the Parliament of Canada and the Government of Canada. It conducts studies, hears witnesses from institutions such as the Supreme Court of Canada, the Department of Justice (Canada), and provincial law societies including the Law Society of Ontario and the Barreau du Québec, and reports to the Senate of Canada on proposed legislation and constitutional issues.

Mandate and Jurisdiction

The committee's mandate includes review of legislation and issues related to the Criminal Code, the Canada Elections Act, and amendments to the Constitution Act, 1982 including the Canadian Charter of Rights and Freedoms, intergovernmental relations involving the Province of Ontario, the Province of Quebec, and the Government of Canada, and statutes administered by the Department of Justice (Canada). It provides analysis and recommendations touching on matters involving the Supreme Court of Canada, the Judicial Committee of the Privy Council (historical context), and federal statutes such as the Youth Criminal Justice Act and the Access to Information Act.

History and Evolution

The committee traces antecedents to early parliamentary committees of the Parliament of Canada in the late 19th century following the passage of the Constitution Act, 1867 and evolved alongside landmark events like the Patriation of the Constitution and the enactment of the Canadian Charter of Rights and Freedoms in 1982. It has been shaped by debates arising from cases before the Supreme Court of Canada such as R v Oakes and constitutional controversies including the Meech Lake Accord and the Charlottetown Accord. Over time, the committee's work has intersected with inquiries involving the Royal Commission on Aboriginal Peoples, the Standing Committee on Indigenous and Northern Affairs, and federal-provincial negotiations led by premiers such as René Lévesque and Lucien Bouchard.

Membership and Organization

Membership comprises senators appointed by the Speaker of the Senate on the recommendation of party leaders and the Independent Advisory Board for Senate Appointments process, representing groups like the Liberal Party of Canada (Senate), the Conservative Party of Canada (Senate), and independent caucuses including affiliations with former members of the Senate Liberal Caucus. The committee elects a chair drawn from sitting senators and engages clerk support from parliamentary officials including the Clerk of the Senate and researchers from the Library of Parliament. Its membership has included prominent jurists and former officials such as retired judges from the Federal Court of Canada, legal scholars from the University of Toronto Faculty of Law, and former ministers from cabinets led by Jean Chrétien and Stephen Harper.

Activities and Procedures

The committee receives referrals from the Senate of Canada and may initiate studies on its own motion, summoning witnesses from institutions like the Supreme Court of Canada, the Canadian Bar Association, provincial attorneys general such as the Attorney General of Ontario, and academics from the McGill University Faculty of Law. It follows procedures consistent with Senate rules, holding public and in camera meetings, accepting written submissions, and preparing transcripts for the Parliament of Canada. It functions in coordination with House of Commons counterparts such as the Standing Committee on Justice and Human Rights and with provincial bodies including the Alberta Law Reform Institute.

Notable Inquiries and Reports

The committee has produced influential reports on topics including reform of the Criminal Code provisions, modernization of the Canada Evidence Act, and scrutiny of appointments to the Supreme Court of Canada. It has examined high-profile issues emerging from cases like R v Gladue and legislative reforms such as amendments to the Anti-terrorism Act (2015), and has conducted studies tied to national events like the aftermath of the SARS outbreak on public health law and the legal dimensions of the Indian Residential Schools Settlement Agreement. Reports have been cited in debates involving figures such as Irwin Cotler and in policy discussions involving the Department of Justice (Canada).

Legislative Influence and Impact

Through its reviews, the committee has influenced amendments to bills referred by the Senate of Canada and has shaped jurisprudential debate related to the Canadian Charter of Rights and Freedoms and federal statutes including the Privacy Act and the Personal Information Protection and Electronic Documents Act. Its recommendations have informed actions by ministers such as the Minister of Justice (Canada) and have been invoked in deliberations by premiers like Dalton McGuinty and Kathy Dunderdale during federal-provincial negotiations. The committee's interactions with the Supreme Court of Canada and legal institutions have contributed to legislative refinements that intersect with decisions from courts such as the Ontario Court of Appeal and policy shifts within the Department of Justice (Canada).

Category:Parliamentary committees of Canada