The Political Impact of the Canadian Charter of Rights and Freedoms

Abstract

AbstractThis article assesses the impact of the Charter of Rights and Freedoms on the Canadian political system. Unlike some commentators who have minimized the effect of the Charter, the author finds that the Charter is inducing significant and permanent changes in the conduct of Canadian politics. Canadian judges have shed their pre-Charter style of deference and self-restraint, and are playing a bolder and more influential role in the governing process. Charter decisions are remolding the Canadian criminal law process along the lines of the “due process” model and away from the “crime control” model of the pre-Charter era. The Charter has also begun to change the way the Canadian political system operates. Interest groups have responded by making greater use of Charter constitutional litigation as a tactic to pursue policy objectives. Law-making areas once solely the prerogative of provincial governments are now being threatened with uniform national standards laid down by the Supreme Court in the course of Charter decisions. Political executives are using the reference procedure to pass Charter issues on to the courts in order to avoid dealing with political “hot potatoes” such as abortion and minority language education. In sum, the predicted “judicialization of politics” is well under way.