“The Charter of Rights has transformed Canadian politics. The Supreme Court has used the Charter to change government policy on an ever-expanding list of controversial issues.”
by Brad Salzberg
October 15, 2023
In the spring of the year 2000, a small book with significant political implications was published. Co-authored by Canadian academics F.L. Morton and Rainer Knopff, the ‘Charter Revolution and The Court Party’ stands in direct contrast to traditional thought on Charter Rights in Canada.
“The Charter of Rights has transformed Canadian politics. The Supreme Court has used the Charter to change government policy on an ever-expanding list of controversial issues-abortion, aboriginal rights, gay rights, bilingualism, criminal law enforcement, and prisoner-voting.”
Controversy over the Charter is tricky business. Ostensibly for purposes of advancing civil rights, it’s subtext has never been properly exposed to mainstream society.
It was in 1982 that former PM Pierre Trudeau conceded to Canadian Premiers dubious of the Charter’s social implications. For the purpose of appeasement, Trudeau approved an addition of Section 33, also known as the “Notwithstanding Clause.” Functioning as a five-year buffer to override its contents, Canada’s liberal-leftist contingent have been running down its inclusion for the past 50 years.
Cultural Action Party[est. 2016] can understand why. Implicit in the Charter is the foundation alluded to in the world “revolution.” Integrated into our constitution in 1982, Charter Rights held the potential to turn Canada “inside out.” That mainstream media has never alluded to the concept cannot be considered a surprise.
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