Carson Jerema: The Charter was a mistake

The Charter of Rights and Freedoms was a mistake. It should have never become part of the Constitution. The most dire predictions of what it would mean for Canada, the wholesale transfer of legislative authority from elected politicians to unelected judges, have become almost fully realized. If the Liberals succeed at getting the Supreme Court to curb the use of the notwithstanding clause (Section 33), thereby ushering in a constitutional amendment from the bench, there will be little recourse to restrain the emerging judicial junta.

The notwithstanding clause does not, as its critics claim, permit legislatures to override rights and freedoms. Instead it shields laws from being struck down by judges. There is little reason to believe, especially these days, that courts are better at pro