My view is that, simply based on the discussion we are having now, that could be something that could be drafted into legislation as an example of an exceptional circumstance. Obviously, I think there would need to be more discussion regarding the particular harm that the legislature is seeking to avoid by invoking a provision like this. That said, allowing a mechanism for judicial oversight where the consequences of these legislative changes could have a particularly harsh consequence for a particular individual in their circumstances may have a consequence for the constitutionality of legislation in terms of making it less likely to be found to be contrary to the Charter. That said, again, to provide a more definitive opinion I would have to see the proposed language.
Deputy Law Clerk (Ms. Holland) on Motion To Amend Committee Motion 91-18(2), Defeated
In the Legislative Assembly on March 9th, 2017. See this statement in context.
Motion To Amend Committee Motion 91-18(2), Defeated
Consideration in Committee of the Whole of Bills and Other Matters
March 8th, 2017
Deputy Law Clerk (Ms. Holland)
See context to find out what was said next.