|
Legislature - Bill Readings. R. v. Sharma
In R. v. Sharma (SCC, 2025) the Supreme Court of Canada allowed a Crown appeal, this from an Ontario Court of Appeal ruling that allowed an appeal, that from a Superior Court sentencing ruling "that a conditional sentence was unavailable, and dismissed Ms. Sharma’s challenges under ss. 7 and 15(1) of the Canadian Charter of Rights and Freedoms".
Here the court considers the several 'reading' stages of a bill's passage:[90] Warnings of imprecision aside, legislative history can be useful in determining legislative purpose (Safarzadeh‑Markhali, at para. 36). Two stages in the legislative process are of particular assistance (and this is true both of Parliament and of provincial legislatures). At second reading, the Minister who introduces the legislation sets out, usually in a formal and structured way, what the legislation is intended to achieve and the means by which it seeks to do so. Second reading is approval in principle. Following such approval, legislation is referred to committee for detailed, clause‑by‑clause consideration. Explanations provided to the legislative committee by the Minister, the Minister’s Parliamentary Secretary or departmental officials can provide further authoritative statements regarding intent. At the federal level, procedures in the Senate parallel those of the House of Commons. Thus, the second reading speech by the Senator who introduces the legislation, as well as the explanations by departmental officials at committee hearings, can also be useful.
|
