The problem with using the Charter as an argument for anything is that the people who are usually against that something are also the same people who don't like the Charter to begin with. It started with Trudeau and gives those pesky judges a reason dont-ya-know. More than enough reason to get rid of it.Fundamentally, he's probably right. The various people that oppose things like same-sex marriage don't typically like various aspects of the Charter. Of course, watch them run to its protections when _their_ particular viewpoint is perceived to be threatened - e.g. the recent furore of bill C-251 which amended sections 318 and 319 of the Criminal Code of Canada.
Whether we "like" the Charter or not is a moot point. The fact is that it is there now, and forms a part of the legal foundations of this nation. I have all sorts of disagreements with Pierre Trudeau's policies and vision, but in crafting the language of our Constitution and the Charter of Rights and Freedoms, he did an outstanding job. I don't think he foresaw half of the discussions that are now whirling around that document, but I must admit to a certain admiration for its "completeness through simplicity". That which isn't expressed directly can be inferred from the openness of the clauses involved.
In some respects, we are living today in what could be called "Pierre Trudeau's Great Social Experiment". It will be most interesting to see where it leads.
No comments:
Post a Comment