You will need to consider s. 26 in assessing legislation, a policy or a program where it:

  • makes changes to existing offences that might allow a person to be tried a second time for the same underlying criminal activity;
  • amends any criminal procedure rules relating to previous convictions and acquittals;
  • creates a regulatory regime that provides for the imposition of a punishment for doing something that would also amount to a crime;
  • creates an overlap between an offence in regulations and an offence in the parent Act.

These policy triggers are not exhaustive.