Challenges to Legislation
There are three primary circumstances where individuals might seek to challenge government action relying on the Charter. They are where:
- Federal or provincial legislation violates a Charter right.
- Federal or provincial policy violates a Charter right.
- Federal or provincial practice or procedure violates a Charter right.
Mr. DelBigio will accept referrals from other counsel to appear before the courts, including the Supreme Court of Canada regarding Charter challenges to legislation.
Greg DelBigio is a former Chair of the Canadian Bar Association National Legislation and Law Reform Committee and presently the Chair of the Canadian Bar Association’s National Criminal Justice Section. In addition, Greg has been a board member of the BC Civil Liberties Association. Through these roles, Greg has had the opportunity to study and provided submissions to Parliamentary House and Senate Committees on a broad range of legislation including:
- 2001 Submissions to the Canadian House of Commons and Senate Committees on new money laundering, organized crime and anti-terrorism legislation implemented shortly after the September 11, 2001 (The Anti-terrorism Act, and The Proceeds of Crime (Money Laundering) and Terrorist Financing Act)
- 2004 – 2005 Submissions to the Subcommittee on Public Safety and National Security reviewing the Anti-terrorism Act.
- 2005 review of Bill C-284, a Private Member’s Bill seeking to include the concept of Corporate Criminal Liability in Canada’ Criminal Code.
- 2006 CBA, National Criminal Justice Section submission on the review of Criminal Code ss. 25.1-25.4 (police immunity for crimes committed to advance an investigation also known as Bill C-24, Criminal Code Amendments (Organized Crime and Law Enforcement))
- 2006 CBA work on Bill C-9, An Act to Amend the Criminal Code (Conditional Sentence of Imprisonment), and Bill C-10, An Act to Amend the Criminal Code (Minimum Penalties for Offences Involving Fire Arms).
Greg was a Course Instructor at the 2001 Continuing Legal Education program on Search and Seizure.
He was also a course instructor at:
- the 2002 “Charter Conference – 20 Years of Impact and Issues” Continuing Legal Education program;
- the 2005 Continuing Legal Education program on Criminal Law and the Charter; and most recently,
- the 2010 Continuing Legal Education program on Search Warrants and Wiretaps.