'Elevation to a nation's highest court does not transform any individual into a moral philosopher, ' writes political scientist Christopher Manfredi. Yet the Canadian Charter of Rights and Freedoms, hailed as a significant step towards both the realization of human rights and the limitation of government power and control when it became part of Canada's constitution in 1982, has frequently placed Canada's courts, and the justices of the Supreme Court, in to the realm of moral philosophy, being asked to pass judgment on ...
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'Elevation to a nation's highest court does not transform any individual into a moral philosopher, ' writes political scientist Christopher Manfredi. Yet the Canadian Charter of Rights and Freedoms, hailed as a significant step towards both the realization of human rights and the limitation of government power and control when it became part of Canada's constitution in 1982, has frequently placed Canada's courts, and the justices of the Supreme Court, in to the realm of moral philosophy, being asked to pass judgment on issues that are more rightly the domain of democratically elected representatives. Manfredi concludes that the notwithstanding clause (section 33) of the Charter, which allows federal and provincial governments to temporarily to disregard Court decisions, has ceased to be a viable political recourse for governments to use in overriding unpopular and administratively problematic judicial decisions. This has allowed the Court to become a more assertive player in the policy process.
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