Words Worth Noting - March 27, 2024

“The first thing worth noting is that the drafters of the Charter titled this first section ‘Guarantee of Rights and Freedoms.’ In other words, the intended purpose of the opening section is to underline that the rights and freedoms laid out in the Charter are guaranteed. But, if you look at almost every judgement that wrestles with this section, talk to almost any lawyer, or consult most government websites, they instead call the section ‘The Limitations Clause’ or ‘The Reasonable Limits Clause.’ That is a very different focus! And that betrays the problem: the legal culture in Canada has focused on the phrase ‘reasonable limits’ instead of ‘guarantees the rights and freedoms.’ That changes the analysis before we even start.”

André Schutten and Michael Wagner, A Christian Citizenship Guide 2nd edition