The future of the Charter
-Trudeau’s views
    -Charter was one of the few “essentials” of constitutional reform
    -would prevent periodic “storms of dispute” that serve as a roadblock to “peace and greatness,” and an antidote to “spiritual sterility.”
    -a vehicle to correct past wrongs (police abuse, willingness of courts to accept tainted evidence, obstacles to freedom of expression, violations of
        minority language rights, barriers to mobility)
    -a people achieves greatness not through a constitution, but through the wisdom of its people
-Michael Ignatieff (wrote The Rights Revolution):  Canada is becoming a “state nation” rather than a “nation state.”  United by belief in rights, not ethnic or
   linguistic unity.  At same time, we respect differences.
-Polls show strong support for the Charter.
-Minority language education rights, mobility, better protected.
-Canadian court decisions on rights important internationally
-Has the Charter contributed to national unity?
“   -storms of dispute” since 1982:  patriation without Quebec, Ford decision & fallout, failure of Meech Lake & Charlottetown, 1995 referendum.
    -Quebec academics nearly uniformly opposed to Charter
    -Academics on left & right in anglophone Canada opposed
    -has dispute about abortion been settled?

-on the other hand:
    -a sep. gov’t in Quebec could never agree to constitutional renewal.
    -Public opinion strongly in support of Charter
    -academic critics seem to be out of touch with views of most Canadians.  J.R. Saul:  academics tend to suffer from “holier than thou” attitude.
    -Constitutional crisis of 1982 seems to have been resolved informally
    -Quebec secession reference
    -“clarity” bill; act regarding constitutional amendments

-Has the Charter advanced respect for human rights?
    -Human rights are based on the idea of mutual respect; we have an equal right to respect, and we have a duty of respect.
    -Are we now more respectful and tolerant of each other?
    -Are governments more respectful?
    -Are we more free than before?
    -Are we more equal than before?
    -Are procedural (legal) rights better protected?
    -are democratic rights better protected?  (vote, run for office, participation)

-Charter applies to public officials, not just laws
    -are public officials (politicians, public servants) more rights conscious?
    -Does policy process respect HR better than before?
    -How have the judges done?
    -How have the lawyers done?
-Was it worth all the trouble?

-Agenda for reform
    -Lawyers
        -legal ethics
        -social science & historical research
    -Judges
        -do they need a better background in public policy analysis?
    -Public servants
       -are they well enough educated about HR?
    -Legislatures & cabinets
        -should s. 33 be repealed?
        -Should legislative committees keep a watch on HR issues, including court decisions?
        -Should legislatures consider enacting interpretive resolutions?
    -The public
        -how aware are members of the public about HR issues?
        -Impact of Charter depends on
            -integrity of those applying (most important)
            -procedures in application, and
            -(lastly) the wording of Charter itself