Failure to Report: The Manifestly Unconstitutional Nature of the Human Smugglers Act

"Failure to Report: The Manifestly Unconstitutional Nature of the Human Smugglers Act" (2014) 51:2 Osgoode Hall LJ 377.

Ottawa Faculty of Law Working Paper No. 2014-22

49 Pages Posted: 15 Aug 2014 Last revised: 11 Aug 2016

See all articles by Jennifer Bond

Jennifer Bond

University of Ottawa - Common Law Section

Date Written: 2014

Abstract

This paper uses the Human Smugglers Act as a case study of what can happen when a Canadian government tables legislation that is highly controversial not only for reasons of ideology or policy, but also because it almost certainly violates the Charter. The conclusion is twofold: first, that a requirement originally meant to incrust government accountability in the face of Canada's human rights instruments is failing; and second, that this same requirement is now providing the government political cover to deflect legitimate constitutional critique while simultaneously avoiding substantive engagement. The result is an impoverished constitutional dialogue and a misled Canadian public.

Keywords: Human Smugglers Act, Canadian, government, legislation, violation, Charter, human rights, constitutional, critique

Suggested Citation

Bond, Jennifer, Failure to Report: The Manifestly Unconstitutional Nature of the Human Smugglers Act (2014). "Failure to Report: The Manifestly Unconstitutional Nature of the Human Smugglers Act" (2014) 51:2 Osgoode Hall LJ 377., Ottawa Faculty of Law Working Paper No. 2014-22, Available at SSRN: https://ssrn.com/abstract=2480380

Jennifer Bond (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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