Policy Briefs
The Asper Centre regularly contributes to public policy by making submissions on proposed legislation and policies, and by developing policy position papers on issues that impact constitutional law and Canadian Charter of Rights and Freedoms rights. Our work spans a range of areas, including criminal justice and policing, privacy, immigration, and emerging issues such as artificial intelligence. Through these efforts, the Asper Centre plays a key role in shaping laws and policies to better reflect constitutional principles.
Criminal Justice & Policing
The Asper Centre submitted a brief to the Standing Committee on Public Safety and National Security, House of Commons, on Bill C-16. The brief supported the government’s decision not to invoke the notwithstanding clause to enact criminal law reforms and called upon the government to implement legislative guardrails for any future use of the clause. The brief opposed Bill C-16’s proposed reforms with respect to mandatory minimum sentences (i.e., reforms that would create a narrow, discretionary “safety valve” for minimum punishments and that would revive minimum sentences that had been declared unconstitutional), trial delay (i.e., reforms that would effectively undo the Supreme Court’s imposition of “presumptive deadlines” for criminal prosecutions), and its attempt to narrow judicial remedial discretion in the event of trial delay.
Read the Brief
The Asper Centre submitted a statement to the Honourable Sean Fraser, Minister of Justice and Attorney General of Canada, opposing Bill C-14. This included opposition to bail reforms that would increase the number of “reverse onus” provisions that would apply to bail hearings (i.e., provisions that impose the burden on an accused to demonstrate why their detention awaiting trial is unjustified).
Read the Statement
The Asper Centre submitted a brief, in support of Bill C-273 to repeal section 43 of the Criminal Code (which permits parents to use force e.g. spanking or hand-slapping to correct a child as long as the force is reasonable under the circumstances) to the Standing Committee on Justice and Human Rights, House of Commons. See also additional letter from Asper Centre ED, Cheryl Milne on the importance of repealing section 43 of the CC.
The Asper Centre’s 2023 summer fellow produced a report for the John Howard Society of Canada analyzing the current state of solitary confinement law in Canada and making recommendations for improvements that will bring it in line with constitutional requirements and the Charter rights of prisoners.
In May 2021, the Asper Centre’s Indigenous Rights Working Group submitted a brief to the Standing Committee on Justice and Human Rights, the Senate Committee on Legal and Constitutional Affairs, the Minister of Public Safety, and the Chairperson of the Civilian Review and Complaints Commission of the RCMP, about historical Bill C-3 which would have amended the RCMP Act and the CBSA Act to extend oversight over the CBSA and make changes to police oversight.
In November 2018, the Asper Centre submitted a brief to the Standing Committee on Public Safety and National Security on Administrative Segregation.
The Asper Centre’s Crime Bill Working Group prepared a submission to the Standing Senate Committee on Legal and Constitutional Affairs addressing the constitutional issues in respect of Bill C-10 the federal government’s crime bill that establishes new minimum sentences, amends the Youth Criminal Justice Act and makes other significant changes to the criminal law in Canada.
The Asper Centre provided a submission to the Standing Committee on Public Safety and National Security on the constitutional implications of Bill C-5: An Act to Amend the International Transfer of Prisoners Act. Our brief focuses on the constitutional issues that we argue are raised by the proposed legislation.
Immigration
The Asper Centre submitted a brief to the House of Commons Standing Committee on Public Safety and National Security, in opposition to Bill C-12’s proposed immigration and refugee reforms. The proposed reforms included a one-year deadline for refugee claims and the effective expansion of the reach of the Safe Third Country Agreement to individuals who cross the U.S.-Canada border irregularly and who have been in Canada for more than 14 days (namely, by newly barring refugee claims by any such individuals).
The Asper Centre ED, Cheryl Milne, also appeared before, and made submissions to, the Standing Senate Committee on Social Affairs, Science and Technology, on these same issues and on specific recommendations that would safeguard the rights and interests of people brought to Canada as children.
In May 2023, the Asper Centre’s Police Oversight working group submitted a brief to the House of Commons Standing Committee on Public Safety and National Security making recommendations to improve Bill C-20: Public Complaints and Review Commission by making civilian oversight of the Royal Canadian Mounted Police (RCMP) and the Canadian Border Services Agency (CBSA) more effective, fair and transparent.
In August 2019, Asper Centre students published a Caselaw Compendium on the Legal Requirements for a Fair Immigration Detention Review Hearing.
In May 2017, the Asper Centre made a submission to the Standing Committee on Public Safety and National Security on the Charter implications of Bill C-23: An Act to Amend the Preclearance Act.
Professor Audrey Macklin appeared before the Standing Committee to make oral submissions on the government’s omnibus immigration Bill, Bill C-31.
Privacy Law
The Asper Centre’s Privacy Law Working Group submitted a Brief on Modernizing the Privacy Act to the House Committee on Access to Information, Privacy and Ethics, providing recommendations to help ensure that any future Privacy Act reforms and amendments will be fully compliant with the Canadian Charter of Rights and Freedoms.
The 2016 Privacy Working group prepared a submission to the Department of Public Safety Canada and the Department of Justice addressing warrantless access to basic subscriber information, and how to reconcile privacy with national security.
The Asper Centre and Professor Lisa Austin provided written submissions to the Office of the Privacy Commissioner regarding lawful access and the consent model under PIPEDA, dated July 28, 2016.
The Asper Centre was invited to provide a submission to the Information and Privacy Commissioner of Ontario in respect of her investigations into the alleged background checks of prospective jurors in criminal trials in Ontario.
Artificial Intelligence
In 2021, the Asper Centre’s Artificial Intelligence and Constitutional Rights working group submitted the following brief to the Standing Committee on Access to Information, Privacy, and Ethics. The brief identifies key Charter implications for the use of facial recognition technology by law enforcement and provides recommendations for legislative reforms that would better protect individuals from improper use of this technology.
Miscellaneous
The Asper Centre’s Reproductive Rights Working Group produced a report to be used as an advocacy tool to improve access to abortion services in Canada. This report covers the critical findings and recommendations of an expert panel convened in 2023 and includes an overview of the current landscape of reproductive rights in Canada.
This report explores the evolving role and treatment of public interest interveners in Canada’s judicial system. Drawing on research by Asper Centre students and staff, as well as insights from a March 2025 roundtable of experienced interveners, the report examines the value interveners bring in broadening perspectives and shaping constitutional law, while also highlighting procedural challenges such as opaque leave decisions, restrictive approaches in some courts, and increasing barriers to participation. The report concludes with concrete recommendations to enhance transparency, reduce burdens, and strengthen the ability of interveners to contribute meaningfully to the development of the law.
Read the Report here