In December 2012, Edgar Schmidt sued the federal government for failing to take adequate steps to verify whether proposed bills violate the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms. According to Schmidt, the Department of Justice “had its lawyers apply only a flawed and minimal screening test. It does not identify and report on legislation that the department itself considers almost certainly to be illegal and unconstitutional.” After the court case was launched, Schmidt was suspended without pay for “violating his duties as a lawyer and public servant.” Canadian law requires that the Deputy Minister of Justice examine draft legislation for compliance with the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms (“human rights laws”). If the proposed legislation could potentially violate the Charter, the Justice Minister is obligated to notify Parliament.
Posted on: Tue, 25 Jun 2013 02:54:03 +0000
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