The resilience of Canadian democracy and the rule of law is both fragile and invaluable, serving as a cornerstone for protecting communities, sovereignty, and the economy. Bill C-15, presented as the federal government’s response to economic challenges, contains provisions that pose a direct threat to this constitutional framework, undermining the principles of democratic governance.
Within Part 5, Division 5 of the more than 600-page budget implementation bill, the legislation grants federal ministers sweeping powers to exempt any individual, company, or government entity—including federal departments—from virtually any federal law or regulation. These powers would not extend only to the Criminal Code, leaving labour standards, health and safety regulations, Indigenous rights, environmental protections, and privacy laws vulnerable to suspension.
Referred to as “Henry VIII” powers, these provisions undermine the separation of powers that is fundamental to Canadian democracy. By allowing the executive to unilaterally alter laws passed by Parliament, the balance between legislative, executive, and judicial authority—critical for protecting democratic institutions—is threatened.
Legal experts have highlighted that the proposed amendments to the Red Tape Reduction Act go far beyond conventional regulatory sandboxing, which is normally a narrowly defined, transparent tool for testing new regulations. Instead, Bill C-15 introduces vague concepts such as “competitiveness” and “economic growth” as reasons to bypass laws, leaving ministers with unchecked discretion to suspend legislation for political convenience.
These exemption powers do not simplify regulation; they effectively create a two-tier legislative system, undermining the rule of law and threatening decades of legal protections intended to safeguard public health, security, the environment, and citizen rights. If enacted, they could severely weaken parliamentary democracy in Canada, with far-reaching consequences.
The open letter urges federal parliamentarians to defend democratic principles by advocating for the removal of Part 5, Division 5 of Bill C-15. Protecting the rule of law, the constitutional order, and parliamentary authority is essential to ensuring that Canadian democracy remains robust, accountable, and capable of safeguarding the rights and well-being of all citizens.
