> The progressive erosion of freedom that the last two points represent arises from a yet more fundamental issue which I’m surprised no-one picked up on: we hav

> The progressive erosion of freedom that the last two points represent arises from a yet more fundamental issue which I’m surprised no-one picked up on: we have no (written) constitution. The Canadian legal system is derived closely from the British system (except in Quebec, where civil law follows the Justinian tradition). The major difference is the Charter of Rights and Freedoms, which was ratified 31 years ago. At the time, there was a furore in England over the fact that the Charter would supersede statutes (which, in turn, supersede common law). Some lawmakers considered it unconscionable that the courts could strike down a law for violating the Charter. Apparently the fact that Canada wanted to patriate its Constitution almost triggered a constitutional crisis in England. Since then, Canadian courts have indeed struck down a number of laws, including restrictions on access to abortion, restrictions on religious expression and dress, denial of collective bargaining rights, prohibitions on same sex marriage, and the right of convicted prisoners to vote. The Charter enshrines human rights protection and equality for women, minorities and other vulnerable Canadians - including lesbian, gay, bisexual and transgender Canadians, through court decisions that extended the list of prohibited grounds for discrimination in Section 15. The sections on legal rights have also driven changes to the way police services operate, strengthening protections for personal privacy, freedom from unreasonable or arbitrary detainment and seizure, and due process on arrest. In the years since the Charter was signed, legislatures still have the right to pass laws - but thanks to the Charter, those laws must be so constructed that they do not curtail our rights and freedoms. Where they do, courts now have the power to strike them down. I don't think I would want to live in a system where legislators were not bound by a charter of rights and freedoms to ensure that statutes do not violate them.