Is the Charter of Rights and Freedoms Antidemocratic and Un-Canadian?

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Is the Charter of Rights and Freedoms Antidemocratic and Un-Canadian? The Canadian Charter of Rights and Freedoms exists in our country as a bill of rights in Canada’s Constitution. Indeed, the Charter plays a vital role in Canadian law. Robert Martin argues two things, the first being that the Charter is antidemocratic, and the second is that the Charter is un-Canadian. Conversely, Philip L. Bryden argues against Martin, concluding that the charter is indeed democratic and Canadian. This essay agrees with Bryden’s argument that the Charter is not un-Canadian or antidemocratic, citing problems with Martin’s argument and making reasons as to why the Charter is such a fundamental part of Canadian Constitution. Robert Martin bases one part of his argument on the idea that the Charter is antidemocratic. He clarifies himself in his introduction, not faulting the Charter in and of its own for being antidemocratic, but instead claiming that the application of the Charter by humans is what is antidemocratic. Martin’s argument on how the Charter is antidemocratic has six main premises. Firstly, Martin supports his claim by making a point that judges, as they hold no accountability for what their judgments, can “overturn deliberate policy decisions made by the elected representatives of the people where those decisions do not accord with the way the judges interpret the Charter.” Thus, the Charter, according to Martin, is antidemocratic. Secondly, Martin discerns the differences between liberalism and democracy, creating operational definitions for each. He explains that liberalism “is about individual rights,” and is “about the ability of individuals to do as they please without interference from the state.” Therefore, according to Martin, Liberalism “makes protection of the autonomy of the individual more important than the promotion of the welfare of the

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