The Charter Of Rights And Freedoms - 1363 Words

The phenomenon of entrenching the Charter of Rights and Freedoms is not new to Canadian citizens, but it is a notion that is perceived in several ways. Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canada’s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Society’s full potential is not being achieved if there are individuals who believe their principle of democracy is being violated. This violation nonetheless, true or not, should not be ignored. The fundamental belief that the entrenchment of our Charter violates the principle of democracy lies at the heart of the judiciary. Simply speaking, judicial†¦show more content†¦This leads to â€Å"inevitable bias being introduced into our political and legal cultures† (Dyzenhaus, Moreau, and Ripstein 544). Because these judges are coming from similar backgrounds, they share p erspectives that consequently lead to the suppression of those whose interests are not â€Å"adequately recognized or supported by the dominant, mainstream ideologies† (Dyzenhaus, Moreau, and Ripstein 544). It is not hard to understand why some fear a Charter that is so hard to change is violating the principles of democracy. Judges, in no sense, are in the position of moral authority nor are they experts in areas typically concerned with by the government (Dyzenhaus, Moreau, and Ripstein 543). The judiciary is the epitome of contrasting notions when it comes to self-governing, the heart of democracy. Allowing unelected judges to overrule decisions of legislators is problematic for all of society and represents the abandonment of self-government (Dyzenhaus, Moreau, and Ripstein 541). With self-governing and the principles of democracy comes the flexibility of interpretation. In a society where the people are essentially supposed to be in charge, interpretation should be, and is, required by those in power. But with a Charter so entrenched in a Constitution, the issue of the dead hand of the past arises. Society should not have to worry about the past influencing current decisions due to the abstract standard, which allows adaption to changing circumstances and