Updating the litigation strategy

We work to ensure that the Government of Canada’s litigation strategy respects the Canadian Charter of Rights and Freedoms and Canadian values.

Openness and transparency

We are keeping Canadians informed through increased openness and transparency.

Every year since 2016, we publish the Litigation Year in Review, highlighting some of the litigation positions taken by the Attorney General of Canada.

We have also shared the Principles Guiding the Attorney General of Canada in Charter Litigation governing the Attorney General’s conduct in litigation involving Charter cases.

The Directive on Civil Litigation Involving Indigenous Peoples outlines how government approaches are changing for civil litigation involving Indigenous peoples.

The Charter and Canadian values

We review the Government of Canada’s litigation strategy on an ongoing basis, focusing on respecting the Canadian Charter of Rights and Freedoms and Canadian values.

We amended the Department of Justice Act, introducing a statutory duty on the Minister of Justice to table a statement in Parliament setting out potential effects on the rights and freedoms guaranteed in the Charter for every government bill (Bill C-51).

The Department reviewed all appeals in which government was involved and ended those that were inconsistent with its commitments, the Charter, and Canadian values.

We provided strategic advice to a Cabinet Committee and a Deputy Minister Committee on Litigation Management.

We implemented best practices government-wide at the senior executive level. The Deputy Minister Committee on Litigation Management is also working to ensure an evergreen review of the Government’s litigation strategy.