On June 15, 2026, the Director of the Criminal Justice Program, Shakir Rahim, testified on Bill C‑16 before the Senate Committee on Legal and Constitutional Affairs.
The legislation seeks to overrule the Supreme Court of Canada on the minimum remedy for a violation of the Charter right to be tried within a reasonable time. Ordinarily, a prosecution cannot continue when that right is violated because a court must impose a stay of proceedings.
In Bill C-16, Parliament crosses a constitutional red line. It asserts the power to legislatively overrule a court decision when it disagrees with the Charter remedy imposed. That violates section 24(1) of the Charter, which grants a court the power to determine a remedy that is just and appropriate in the circumstances. It weakens protections for all rights and freedoms guaranteed by the Charter.
As the CCLA outlines in its brief, there are constitutionally compliant ways to reduce unreasonable delay in the criminal justice system. For example, by appointing more judges, speeding up some trial processes, and better funding the criminal justice system, including legal aid.
You can watch CCLA’s testimony below. The CCLA’s brief on Bill C‑16 can be read here.
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