“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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  1. Very, very good article.

    Canadians were sold a phony “bill of goods” by Pierre Trudeau and the then Provincial Premiers. Now we have to live with the stupidity.

    As I have said before, Pierre Trudeau simply out witted and “conned” the Provincial Premiers who were simply too busy thinking about their own self-serving political ambitions than those of the citizens of their respective Provinces. Unfortunately, not one of them, including Brian Peckford would ever admit that fact.

    If Brian Peckford was so concerned with protection of the “Rights” of Canadian citizens, as he has recently, publicly, and continually alludes to why did he sign off on the enactment of the document? He could have refused to sign.

    Just asking for a “friend”.