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Those are unrelated to the charter, and all of those have been allowed without using the non withstanding clause. As you said yourself, nothing in the charter s

Those are unrelated to the charter, and all of those have been allowed without using the non withstanding clause. As you said yourself, nothing in the charter says that gay people can't marry. I genuinely can't think of a single time where the clause was used to add rights instead of removing them so I'm not sure what your argument is. Almost everything you mentioned isn't really related to the constitution. In fact, any province could use the non withstanding clause tomorrow to make gay marriage illegal again, even if the SCC allowed it. So if anything,that shows how useless the charter is. If your point is that the constitution allows for flexibility then sure yes, but that's more due to the "living constitution" framework that the SCC uses than the conditions itself.

throw0101d 2y ago
> Those are unrelated to the charter All three cases were decided on Charter grounds. Morgentaler tried challenging abortion pre-Charter and lost. > Almost everything you mentioned isn't really related to the constitution. In fact, any province could use the non withstanding clause tomorrow to make gay marriage illegal again, even if the SCC allowed it. So if anything,that shows how useless the charter is. The Charter is part of the Constitution: * https://laws-lois.justice.gc.ca/eng/const/index.html https://laws-lois.justice.gc.ca/eng/const/index.html The Canadian Constitution and the rights there-in is not absolutist: > 1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.