Department of Justice

BACKGROUNDER

LAW COMMISSION OF CANADA

The Law Commission of Canada meets the needs of both government and Parliament for independent, broadly-based and strategic advice on legal policy and law reform issues.

1. The mandate of the Law Commission of Canada

The legislation establishing the Law Commission of Canada sets out several guiding principles that will govern the work of the Commission, including how it is organized, the selection of Commissioners and staff, agenda setting and law reform strategies.

These principles include: a multidisciplinary approach, openness and inclusiveness, innovation, responsiveness, and cost-effectiveness.

2. The Commission's structure

The Commission is an arms-length body that reports through the Minister of Justice to Parliament.

The Commission is composed of five Commissioners -- one full-time commissioner who will act as the President and CEO of the Commission, and four part-time commissioners who may reside anywhere in Canada. This will allow for diverse representation but still ensure that the Commission is an effective decision-making body.

Commissioners are selected to reflect a broad range of backgrounds and expertise. The legislation specifies that consideration of candidates shall not be restricted to the legal community.

To ensure that consultation and partnership are an integral part of the Commission's operations, Commissioners will be assisted by a permanent, 25-member Advisory Council. Study panels will also be appointed on an as-needed basis. Members of these groups will be volunteers and will, like the Commissioners, reflect a broad range of experience and expertise.

Research for the Commission will be conducted primarily by outside experts from the academic or private sector under contract.

The Commission will be supported by a small secretariat, headed by an Executive Director. The small staff will require that some central services, such as publishing or dissemination of information, while managed by secretariat employees, be contracted out.

3. Independence and Accountability

The structure and mandate of the Commission ensure a balance between independence and accountability. Measures include:

The Commission's agenda: the Commission has independence in finalizing its own agenda. This is balanced by a legislated requirement to consult the Minister of Justice before the agenda is finally set.

Reference power: The Minister of Justice has the power to refer issues to the Commission when necessary and appropriate. However, the Minister is required to consult with the Commission before a reference is made.

Ministerial response to Commission work: The Minister of Justice is required by legislation to respond to reports of the Commission, but has flexibility in the nature of the response.

Appointments: Commissioner positions are Governor-in-Council appointments, made following recommendations by the Minister of Justice. The position of President is also a Governor-in-Council appointment.

The position of Vice-President will be chosen by the Commissioners themselves. The Commissioners will also appoint the members of the Advisory Council and Study Panels.

Commissioners are appointed for a term of three years.

Department of Justice
April, 1997