This "federal legislative excess" provinces are afraid of is viewed differently by people who have gained equality over the years, and who wouldn't want the Charter to become mere ink on a page due to the notwithstanding clause. As a gay man, I've always been acutely aware that society can accept a minority one day and barely tolerate it the next, or worse. It should not be possible to "escape" from upholding human rights guaranteed by the constitution.
Important to note here that many 'rights' we understand to exist under the Charter have been read-in, or interpreted to exist by the Supreme Court.
That isn't a knock in anyway on the Charter, or the Court. But simply to state that many rights we now enjoy aren't actually there in the written text, per se.
Under the 'Living Tree' doctrine that prevails in Canadian Supreme Court constitutional interpretation, the way in which the Charter is read is to evolve with the context of the times.
To date, almost all of us will have seen that as favouring expansion of personal rights, from reproductive rights (access to abortion), to medical assistance in dying, to maximum wait times for trials etc etc.
Worth noting, however, is that in theory, the Living Tree doctrine could see a future court curtail rights in the context of its times.
The U.S. Supreme Court doesn't have a single over-arching interpretive theory, but generally, its more conservative members are 'originalists' who claim to want to interpret the text of the constitution in line with original
intent of its authors. Whether they actually do this is somewhat debatable, but I digress.
I note, here, the reversal of Roe V. Wade, despite Supreme Court precedent, by said Supreme Court.
I do so simply to continue on with the Democracy is fragile comment I made up thread.
Rights do not exist in a vacuum, and institutions don't continue to behave the way they have in the past, 'just cause'. Institutions doing well need ongoing attention and support. Institutions doing badly need intervention at the first opportunity.
Apathy will soon find one in a different place than the world you knew.
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