The federal government is preparing to revive an independent commission that would offer advice to cabinet on reforming Canadian laws. 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.
Justice Minister and Attorney General David Lametti speaks in Ottawa, on Thursday, Dec. 8, 2022. The federal government is preparing to revive an independent commission that would offer advice to cabinet on reforming Canadian laws. The federal government is preparing to revive an independent commission that would offer advice to cabinet on reforming Canadian laws.
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. 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.
"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." "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.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.
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also frequently finds itself pushing through legislation to address court rulings that identify gaps or strike down outdated or unconstitutional sections of law, such as on sex work, mandatory minimum sentencing and medical assistance in dying.
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