AndreaBozzo/ceres-open-data-index huggingface dataset:
Charterpedia

Charterpedia is maintained and updated by the Human Rights Law Section (HRLS) of the Department of Justice. 

Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible. 

Each entry has a different author or authors. While we've tried to standardize many aspects of the form and content, we have also tried not to let the "perfect be the enemy of the good" in order to facilitate timely publishing and updates. In other words, high quality - not absolute perfection - has been our goal. 

HRLS's Charterpedia should NOT be considered an exhaustive overview of the law. Charterpedia entries are intended to provide legal information. they are no legal advice, nor are they intended to be a substitute for legal advice. Charterpedia entries do not constitute a waiver of solicitor-client privilege and do not reflect the formal views of legal positions of the Department of Justice. 

Justice will continue to update Charterpedia. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Charter Statement - Bill C-66: An Act to establish procedure for expunging certain historically unjust convictions and to make related amendments to other Acts

The Minister of Justice prepares a “Charter Statement” to help inform public and Parliamentary debate on a government bill. One of the Minister of Justice’s most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms [“the Charter”]. By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed.

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms.

A Charter Statement is intended to provide legal information to the public and Parliament on a bill's potential effects on rights and freedoms that are neither trivial nor too speculative. A Statement is not a legal opinion on the constitutionality of a bill. 

Bill C-66 seeks to address this historical injustice by expunging their criminal records to make it as if they had never been convicted of certain offences. This relieves persons of the stigma of a criminal record and recognizes the disadvantage faced by them because of their sexual orientation.

Organization: Department of Justice Canada | Ministère de la Justice Canada
JustFacts - Child Support Cases, 2016-2017

The Survey of Maintenance Enforcement Programs (SMEP) is an annual survey that collects statistical and descriptive information on child and spousal support payments and cases from maintenance enforcement programs. 

MEPs exist in every province and territory to assist in the enforcement of child and spousal support payments. It should be noted that while this survey is considered a census of payments and support for those participating in the maintenance enforcement programs, only Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Saskatchewan, Alberta, Yukon, Northwest Territories and Nunavut participate in the SMEP.
The survey does not represent support orders enrolled with those MEPs in nonparticipating provinces and territories, nor does it represent the many support orders that have not been enrolled with the MEPs.

This JustFact summarises the following trends in child support: 

Enrollments decline for the sixth consecutive year
Payment collection rates are at a six-year low 
Total enforcement actions decreased
Increase the proportion of cases with arrears owing
Age breakdowns of payors remain stable 
Children remain the most common beneficiary 

Organization: Department of Justice Canada | Ministère de la Justice Canada
List of Acts and Regulations

In support of the Government of Canada's Red Tape Reduction Action Plan, the Department of Justice is committed to the accessibility of information on regulatory requirements. The Department of Justice offers information on family law, criminal law and Canada's system of justice in so far as it is consistent with the Department of Justice Canada Policy on Legal Assistance. Guidelines and additional information can be accessed from the homepage of the Justice Canada website. Not to be confused with Information on Regulations, the list of acts and regulations provides a  list of Acts and Regulations that are administered by Justice Canada and the Office of the Attorney General.

Organization: Department of Justice Canada | Ministère de la Justice Canada
Internal Audits 2012

The mandate of Justice Canada’s internal audit function is to help Justice Canada achieve its strategic outcomes by using a systematic and disciplined approach to assess and contribute to the continuous improvement of its risk management, internal control, and governance processes. The results of Justice Canada's audits are posted on our Web site to promote public accountability and transparency. 

The objective of publishing departmental internal audit performance results, in the form of key compliance attributes, is to provide pertinent information to stakeholders (Canadians, parliamentarians) regarding the professionalism, performance and impact of the internal audit function in departments.

The 2012 Internal Audits address: Business and Regulatory Law, Audit of the Legislative Services Branch (Drafting and Advisory Services & Legislative Revision Services), Audit of Official Languages; Acquisition Cards, and Industry Canada (Legal Services Unit)

Organization: Department of Justice Canada | Ministère de la Justice Canada
A Handbook for Police and Crown Prosecutors on Criminal Harrassment

The Handbook for Police and Crown Prosecutors purposes itself to provide police and Crown prosecutors with guidelines for the investigation and prosecution of criminal harassment cases and to promote an integrated criminal justice response to stalking. 

The Handbook was developed by a working group of federal, provincial and territorial criminal justice officials. It was first published in 1999 and updated in 2004; currently it is in its third iteration, reproduced and updated in 2012. Its initial development was prompted by the 1996 Department of Justice Canada review of the criminal harassment provisions in the Criminal Code. 

The handbook is supported by statistics on criminal harassment in Canada, definitions and characteristics that are typical of stalking to inform law makers and enforcers of what to be aware of when dealing with criminal harassment cases.

Last, the handbook discusses the legislative history of Section 264 of the Criminal Code and the relationship between this specific piece of legislation and others alongside the amendments that have been made. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Charter Statements: Bill C-46: An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts

The Minister of Justice prepares a "Charter Statement"  to help inform public and Parliamentary debate on a government bill. One of the Ministers of Justice's most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms ["The Charter"]. By tabling a Charter Statement the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed. 

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. 

A Charter Statement is intended to provide legal information to the public and Parliament. It is NOT intended to be a comprehensive overview of all conceivable Charter considerations. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study and amendment of a bill. A Statement is NOT a legal opinion on the constitutionality of a bill. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Children Come First: A Report to Parliament Reviewing the Provisions and Operation of the Federal Child Support Guidelines Volume 2

This publication consists of two volumes. This particular asset is volume two of two. It was produced by the Federal/Provincial/Territorial Family Law Committee and the Federal/Provincial/Territorial Task Force on the Implementation of Child Support Reforms. 

The publication addresses the guidelines that exist across Canada concerning child support and its administration. The publications were created in reaction to changes in family law and the structure of Canadian families. These changes can impact child support arrangements.The publication also speaks to the similarities and differences in child support guidelines by province or territory. 

The objectives of the Federal Child Support Guidelines are:
1. to establish a fair standard of support for children that ensures that they continue to benefit from the financial means of both spouses after separation;

2. to reduce conflict and tension between spouses by making the calculation of child support orders more objective;

3. to improve the efficiency of the legal process by giving courts and spouses guidance in setting the levels of child support orders and encouraging settlement; and

4. to ensure consistent treatment of spouses and children who are in similar circumstances.

Organization: Department of Justice Canada | Ministère de la Justice Canada
Charter Statements: Bill C-39, An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts

The Minister of Justice prepares a "Charter Statement" to help inform public and Parliamentary debate on a government bill. One of the Minister of Justice's most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms ["the Charter"]. By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed. 

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. 

A Charter Statement is intended to provide legal information to the public and Parliament. It is not intended to be a comprehensive overview of Charter considerations. recognizing that a bill may change over the course of its passage through Parliament, Additional considerations relevant to the constitutionality of a bill. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Information on Regulations

In support of the Government of Canada's Red Tape Reduction Action Plan, the Department of Justice is committed to the accessibility of information on regulatory requirements. The Department of Justice offers information on family law, criminal law and Canada's system of justice in so far as it is consistent with the Department of Justice Canada Policy on Legal Assistance. Guidelines and additional information can be accessed from the homepage of the Justice Canada website.

Information on Regulations broadly addresses: Plain Language Commitment, Providing Guidance and Building Awareness, Responding to Questions and where to find more information. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Guide to Canadian Legal Information

 The Guide to Canadian Legal Information provides Canadians with pointers to relevant legal resources that are administered by the Department of Justice. The guide summarises the purposes of each of these resources, and where to find more information if needed. 

There are pointers to websites and resources that are not maintained by the Department of Justice. If you wish to obtain more information about a specific resource not supported by Justice, please contact the listed organisation or department. 

The Legal Information Resources are as follows:

Federal Statutes and Regulations, 
Statutes and Regulations in Printed Form, 
Provincial Statutes and Regulations,
Government Bills, 
Court Decisions,
Constitutional Documents,
How Federal Acts and Regulations are made.

Organization: Department of Justice Canada | Ministère de la Justice Canada
Internal Audits 2017

The mandate of Justice Canada’s internal audit function is to help Justice Canada achieve its strategic outcomes by using a systematic and disciplined approach to assess and contribute to the continuous improvement of its risk management, internal control, and governance processes. The results of Justice Canada's audits are posted on our Web site to promote public accountability and transparency.

The objective of publishing departmental internal audit performance results, in the form of key compliance attributes, is to provide pertinent information to stakeholders (Canadians, parliamentarians) regarding the professionalism, performance and impact of the internal audit function in departments. 

The 2017 internal audits concern: Regulatory Services and Family Law Assistance Services 


Organization: Department of Justice Canada | Ministère de la Justice Canada
Guide to fostering the readability of legislative texts

The January 2012 report the Red Tape Reduction Commission recommended "that the Department of Justice continue to develop tools to foster the intelligibility of legislative texts" to improve the clarity and predictability of regulation for business and improve understanding of regulatory requirements. This document does not intend to repeat the content of related textbooks, manuals, guides and articles. It provides instead a general approach to drafting legislative texts that are accessible to their readers; it is about viewing legislative texts through a particular lens to evaluate their readability.

The primary focus of the guide is teaching those who write and develop legislative and regulatory texts to evaluate what can be done to make these texts more accessible, and demonstrate the steps that should be taken. It provides examples as to why language should be kept as simple as possible, and of preambles that would be considered readable. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Charter Statement - Bill C-76: An Act to amend the Canada Elections Act and Other Acts and to make certain consequential amendments

The Minister of Justice prepares a "Charter Statement" to help inform public and Parliamentary debate on a government bill. One of the Minister of Justice's most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms ["the Charter"]. By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed a review of a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed. 

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. 

A Charter Statement is intended to provide legal information to the public and Parliament on a bill's potential effects on rights and freedoms that are neither trivial nor too speculative. A Statement is NOT a legal opinion on the constitutionality of a bill. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Dispute Resolution Reference Guide

This Reference Guide is designed to provide Justice counsel with practical information about Dispute Resolution (“DR”) processes and to allow counsel to remain current with developments in the rapidly evolving field of DR. It contains information directed at counsel with varying levels of familiarity with and practical experience in DR.

The term “Dispute Resolution” (“DR”) rather than “Alternative Dispute Resolution” (“ADR”), is used by the Project to reflect the philosophy that processes such as mediation, arbitration and mini-trial, together with litigation, form a broad spectrum of dispute resolution options. Non-litigious DR processes are therefore perceived as complements to litigation, rather than strictly as alternatives. Our particular focus is on non-litigious DR processes, as the Civil Litigation Branch is responsible for providing legal advice and representation in relation to litigated disputes.

Law Practice Management Division (LPMD) will continue to update and amend the Reference Guide. As new DR processes develop and become more widely used in Canada, individual practice modules in respect of those processes will be added to the Reference Guide.

At all times, DRS is available to provide further information and advice concerning any of the information contained in the Reference Guide. LPMD can be reached at LPMD-DGPD@justice.gc.ca.

Organization: Department of Justice Canada | Ministère de la Justice Canada
An Estimation of the Economic Impact of Violent Victimization in Canada, 2009

The costs of victimization of five violent crimes are analyzed in this report: assault, criminal harassment, homicide, robbery, and sexual assault and other sexual offences. Incidents that occurred
in 2009 are included, and all costs, or impacts, of those incidents are included, regardless of when the costs were incurred. Only incidents involving adult victims (18 and up) and a non-spousal
relationship between the victim and offender are included. For the costs of spousal violence, see Zhang et al. (2012).

Measuring the costs of social phenomena is a well-established and important exercise that increases the understanding of social issues and, when used in conjunction with other informative research, can assist policymakers and allow for insight into resource allocation.

The total cost associated with victimization of these five crimes occurred in 2009 is estimated to be $12.7 billion, or $376 per Canadian. Assault victimization cost $2.1 billion; criminal
harassment victimization cost $0.5 billion; homicide victimization cost $3.7 billion; robbery victimization cost $1.6 billion; sexual assault and other sexual offences victimization cost $4.8
billion. Note that these figures are not annual costs, and they capture all the associated costs resulted from the victimization in 2009.

This report analyzes costs attributed to the party that bears the impact, not the actual monetary loss for three cost categories for each crime: justice system costs, victim costs, and third-party costs. Across all five crimes, justice system costs were $1.9 billion, victim
costs were $10.6 billion, and third-party costs were $0.2 billion.

Organization: Department of Justice Canada | Ministère de la Justice Canada
Charter Statement - Bill C-81: An Act to ensure a barrier-free Canada

The Minister of Justice prepares a "Charter Statement" to help inform public and Parliamentary debate on a government bill. One of the Minister of Justice's most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms ("the Charter"). By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed. 

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. 

A Charter Statement is intended to provide legal information to the public and Parliament on a bill's potential effects on rights and freedoms that are neither trivial nor too speculative. A Statement is not a legal opinion on the constitutionality of a bill. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Charter Statements: Bill C-38: An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons) 

The Minister of Justice prepares a "Charter Statement" to help inform the public and Parliamentary debate on a government bill. One of the Minister of Justice's most important responsibilities is to examine legislation for consistency with the Canadian Charter of Rights and Freedoms ["The Charter"]. By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for consistency with the Charter. A Statement identifies charter rights and freedoms that may potentially be engaged by a bill and provides a brief explanation of the nature of any engagement, in light of the measures being proposed. 

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms.

A Charter Statement is intended to provide legal information to the public and Parliament. It is NOT intended to be a comprehensive overview of Charter considerations, recognizing that a bill may change over the course of its passage through Parliament. Additional considerations relevant to the constitutionality of a bill may also arise in the course of Parliamentary study. A Statement is NOT a legal opinion on the constitutionality of a bill. 

Organization: Department of Justice Canada | Ministère de la Justice Canada
Legal Aid in Canada, 2016-2017

The Legal Aid Survey was a Canada Centre for Justice Statistics (CCJS)/Statistics Canada annual survey on revenues. Expenditures, personnel, and caseload statistics associated with the administration and delivery of legal aid in Canada. The Legal Aid Survey was first conducted in1983-84, and the data was last published in 2016 (for the fiscal year 2014-16). 

After the discontinuation of the Legal Aid Survey in 2016, the Department of Justice (JUS) began data collection and reporting in-house. This is the first legal aid annual report since the cancellation of the Legal Aid Survey. Data for 2015-16 is not available due to the change in approach to data collecting and reporting. 

In 2016-17, JUS, through its Legal Aid Program contributed more than $138 million to the provinces and territories for the delivery of criminal legal aid, civil legal aid, and I&R (immigration and refugee) legal aid (where applicable). This amounts to 16% of total legal aid revenues.


Organization: Department of Justice Canada | Ministère de la Justice Canada