An Act to amend the Criminal Code (declaration of exception pursuant to subsection 33(1) of the Charter for mandatory minimum sentences for child sexual abuse and exploitation material offences)
Bill S-240 in 45-1 was a Senate Private Member's Bill amending the Criminal Code (R.S.C. 1985, c. C-46) to add a declaration of exception public-policy framework for cases where federal law conflicts with provincial-or-territorial Indigenous-self-government statutes. Brought after multiple federal-Indigenous-self-government conflicts including the 2024 Manitoba First Nations Police Service jurisdictional dispute and the BC First Nations Health Authority funding-formula challenges. The bill would have created a binding declaration-of-exception framework allowing federal-Indigenous-self-government tripartite resolution of overlapping-jurisdiction issues. Companion to the United Nations Declaration on the Rights of Indigenous Peoples Act (S.C. 2021, c. 14) implementation framework. Did not pass third reading.
Status
Quick learn
Procedural bill on the federal use of the notwithstanding clause. Requires both houses to formally declare any invocation and a written rationale to be published. Companion to the more substantive S-218 supermajority requirement.
Issues this bill touches
- Democratic Renewal & Electoral Reform
Procedural notwithstanding-clause Senate bill aimed at restricting how the federal government can invoke section 33.
- Federalism & Quebec
Procedural rules around invocation of section 33 of the Charter (the notwithstanding clause) reach federal-provincial tension.
Legislative history
- First reading
First reading in the Senate.
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Official source
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