Conclusion

• Author: Hon. Robert J. Sharpe, Kent Roach
• Pages: 434-437

434

CONCLUSION

The Char ter of Rights and Freedoms is a fundamental and def‌i ning ele-

ment of the modern Canadian state. While it draws upon certai n as-

pects of our democratic and parliamentary traditions, by entrenching

certain right s and freedoms as fundamental, and by assigning an im-

portant law-making role to the court s, it also marks a break with the

past. No longer are Parliament and the legislatures supreme.

We have suggested that this shift of institutional respon sibility —

subjecting the powers of elected bodies to rev iew by the courts under

the Charte r — is supportive of Canada’s traditiona l democratic values.

Experience has shown that majorities, unchecked, may fa il to respect

the dignity of all individuals, tend to shut out annoying and unpopular

views, and ignore or even worsen the plight of vulnerable minorities.

The Charter protects the values of individual dignit y, autonomy, and re-

spect. These attributes of citi zenship are essential to a healthy democ-

racy and to free and open democratic debate. The Charter also protects

the rights of those accused of crime, an otherw ise unpopular group. It

ref‌lects the view that a healthy democracy cannot be def‌ined in terms

of crude majoritaria nism. The Charter may b e seen as Canada’s com-

mitment to the principle that the exerci se of power by the many is

conditional on respect for the rights of the few. The role of the Charter,

we suggest, is to facilitate, not fr ustrate, democracy.

It is apparent that the diff‌icult task of ensuring that Charter rights

and freedoms are respected i nevitably embroils the judiciar y in dif-

f‌icult and contentious issues of public concern. The courts have been