WHEREAS the Government of Canada introduced Bill C-27, Digital Charter Implementation Act, 2022, which proposes to replace Canada’s private sector privacy law, and the Artificial Intelligence and Data Act (AIDA), two distinct and unrelated laws;

WHEREAS AIDA was not the subject of meaningful prior consultation, despite addressing a subject matter with wide-ranging implications for a wide range of stakeholders with diverse perspectives, Canadians generally, and the Canadian economy;

WHEREAS the Government of Canada subsequently introduced Bill C-63, An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts;

WHEREAS Part 1 of Bill C-63 underwent extensive consultation, and Parts 2 and 3 raise distinct legal and policy issues, demonstrating the challenges of integrating unrelated matters within a single bill; 

WHEREAS the bundling of substantively different and unrelated laws within Bill C-27 and Bill C-63, respectively, limits opportunities for meaningful scrutiny, debate and public consultation of each part, and risks delaying needed reform by requiring the simultaneous consideration of unrelated laws;

WHEREAS this practice prevents Parliamentarians from expressing support or opposition to specific portions of legislation, forcing them to conflate their position on all matters in the multipart bill with a question of confidence in the Government;

WHEREAS the Canadian Bar Association adopted in Resolution 13-04-M on limiting the use of omnibus legislation;

BE IT RESOLVED THAT the Canadian Bar Association urges the Government of Canada to limit the introduction of multipart legislation that combines substantially different and unrelated subject areas, so as to ensure full opportunity for meaningful scrutiny, debate and public consultation on each part of the proposed legislation.

Moved by National Privacy and Access to Information Law Section

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