The Evolving Approach to Charter Interpretation

Abstract

The Supreme Court of Canada’s living tree metaphor and purposive method of interpretation shaped Charter jurisprudence over the last four decades. This article explains that the Supreme Court is revising its approach to Charter interpretation in reaction to criticism by observers who advocate textualism and originalism. The article explores the contours of the Supreme Court’s emerging purposive textual method of interpretation and considers the implications of the interpretive approach for existing Charter jurisprudence. Potentially significant implications of the changes in the Supreme Court’s interpretive method are identified.