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Outside the specifically legislated scopes where those overrides are in use, or for the parts of the Charter that aren’t subject to the override, courts can and
by jkaplowitz 4y ago
Outside the specifically legislated scopes where those overrides are in use, or for the parts of the Charter that aren’t subject to the override, courts can and routinely do enforce the charter by invalidating actions or laws. It’s very far from worthless, even if you and I both would rather the override clause didn’t exist.
At least, the overrides expire after 5 years if not re-legislated for a new 5 years, so politicians can’t enact them once and then permanently flee accountability.
- fsckboy 4y agois there any merit to the complaint that some recent legislation in Canada has turned purview of some free speech matters over to "human rights tribunals" which, the complaint alleges, do not accord the same robust due process rights defendants have in courts?
- jkaplowitz 4y agoI don't know what particular complaint you're referring to, but I've seen decisions by Canadian human rights tribunals get challenged in courts, and none of the laws governing Canadian human rights tribunals invoke the legislative option to override to Charter free speech rights, so I think whoever filed that complaint is misunderstanding the reality of the situation.