Not everyone is inclined to cheer the charter as a bulwark of liberty. \u0027We are less free today than 40 years ago,”\u0027 said John Carpay, president of the JCCF
On Sec. 1, it’s certainly strange that Canada would begin its charter with an admission of its limits, but in doing so Canada is simply articulating a fact that is common to all the other Western constitutions.
“In Canada, these laws would be upheld as ‘reasonable limits’ … whereas in the U.S. they are treated as either protected or not,” he said.was mostly And it’s in enshrining new legal rights that the charter shines. It was charter decisions by the Supreme Court that ultimately legalized both abortion and medically assisted death. Charter cases kickstarted Canadian legal equality for gays and lesbians, starting with the 1995 case Egan v. Canada. Police powers have been curbed and the rights of the criminally accused have been more clearly defined by charter challenges.
The acid test of a national constitution is its ability to protect unpopular rights. Any bill of rights — from France’s Declaration of the Rights of Man to the UN Declaration of Human Rights — is inherently an undemocratic document. The idea is to enshrine a framework of core values that will be upheld even if 51 per cent of the population feels like ignoring them.
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