On "Novel" Readings Of The Constitution

One of the loudest criticisms of the Federal Attorney General's submission in English Montreal School Board, et al v. Quebec Attorney General is that it relies on "novel" interpretations of The Charter of Rights and Freedoms (The Charter) and the Canadian Constitution (The Constitution).  

I am going to explain why I think that line of reasoning is incorrect, and why the more "linear" interpretations that the critics are advocating for are in fact the "novel" interpretations which should be examined with suspicion.  

Supreme Court Hearings on Quebec Bill 21

 The Supreme Court of Canada (SCC) is holding hearings in the matter English Montreal School Board, et al. v. Attorney General of Quebec, et al.  Before you yawn and walk away, this is probably the single most important SCC case in 20 years.  I've written about the arguments in some depth here.

Among the issues on the table is very much the question "Does the Charter of Rights and Freedoms truly apply to all Canadians, or do we have a patchwork of rights where provinces decide what rights are available to Canadians living in their borders?".  Do I have your attention yet? 

Let's talk about that: