Bill C-288 · 41th Parliament · Stephen Harper
National Flag of Canada Act
An Act respecting the National Flag of Canada
Private member’s bill. Became law.
- IntroducedSept. 27, 2011
- Debated in principleFeb. 1, 2012
- Studied by a committeeDone
- Passed its first chamberMarch 28, 2012
- Passed the second chamberJune 17, 2012
- Became lawJune 27, 2012
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Pamela WallinSenate · Sponsor in the Senate
- John Carmichael11 interventions in debatemoved bill to third reading and passed while affirming right to display flag
- Jeff Watsonstates support and encourages others to back the bill
- Brian Jeanthanks member for bill and changes made while honoring flag
- Dave MacKenzieexplicitly speaks in support of the bill
- Dan Albasexpresses clear support for the bill to protect flag display
- Scott Armstrongspeaks in favour of the bill and flag
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
Where members stand
That the Bill be now read a second time and referred to the Standing Committee on Canadian Heritage. · 2012-02-01 · Passed
How it changed on the way
77% of the text as introduced was changed or removed by the time it became law (489 words introduced, 340 passed). A committee amended it.
transformative changeintent changed direction
The bill shifted from creating a legal right to fly the flag backed by prohibitions and court enforcement to simply encouraging voluntary display. All enforcement powers and penalties were dropped while new language urged building owners to permit flags.
- Purpose changed from guaranteeing a right to encouraging display.
Before: “The purpose of this enactment is to ensure that all Canadians have the right to fly the National Flag of Canada.”
After: “The purpose of this enactment is to ensure that all Canadians are encouraged to display the National Flag of Canada.”
- Prohibition on preventing display was removed entirely.
Before: “It is prohibited for any person to prevent the displaying of the National Flag of Canada, provided that”
- Court injunctions and penalties up to two years imprisonment were removed.
Before: “the Attorney General of Canada may commence proceedings in any superior court of competent jurisdiction to enjoin such act or practice.”
How precisely it is written
vagueChallenging the law: EasyDisputing a charge: Hard
The Act contains no rules, duties, or prohibitions, only repeated statements that Canadians and building managers are encouraged to display the flag. Every operative phrase relies on undefined terms and subjective judgment.
Open to argument
“All Canadians are encouraged to proudly display the National Flag of Canada in accordance with flag protocol.”
Uses the subjective word 'proudly' and refers to an undefined 'flag protocol' with no criteria for compliance.“it is in the national and public interest to encourage the displaying of the National Flag”
Broad, value-laden phrase that supplies no objective test for what counts as encouragement or national interest.
Clear-cut
“This Act may be cited as the National Flag of Canada Act.”
Provides a clear short title that fixes the name of the statute.
Discretion. No powers are granted to ministers, officials or regulations; the entire subject is left to the voluntary choices of private persons.
Challenging the law itself. The Act's vagueness and lack of any defined standard would support a challenge under section 2(b) of the Charter for engaging freedom of expression without clear boundaries.
Disputing a charge under it. The statute imposes no legal duties or prohibitions, so no person can be accused of breaching it.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
The evidence has not been searched yet.
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.