To improve compliance with s. 11(2):

  • Ensure that any policy, program or piece of legislation does not compel work or service from a person under the threat of what might be construed as a ‘penalty’. If it does, ensure that he or she has voluntarily offered to do the work or perform the service. This measure will be unnecessary if the work or service falls within one of the exceptions in s. 11(3).
  • If your policy, program or legislation requires work to be done by persons who are currently detained, ensure that they are being detained pursuant to a ‘lawful court order’. Also pay particular attention to ensuring that the conditions of detention required by the Charter are met. You should refer to ss. 21 and 22 in particular.
  • If your policy, program or legislation involves work that you consider to amount to ‘normal civil obligations’, consider whether it is of the type considered to be ‘normal civil obligations’ under the ICCPR. Examples are discussed above.