Conclusion

• Author: Robert J. Sharpe, Kent Roach
• Pages: 404-407

404

CONCLUSION

The Charter of Rights an d Freedoms is a fundamental and def‌ining ele-

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

pects of our democratic and parliamentary traditions, by entrench ing

certain rights and freedoms as fundamental, and by assigning an i m-

portant l aw-making role to t he courts, it also marks a break w ith the

past. No longer are Parliament and the legislatures supreme.

We have suggested that this shift of institutional responsibility,

subjecting the powers of elected bodies to review by the courts under

the Charter, is supportive of Canada’s traditional democratic values.

Experience has shown that majorities, unchecked, may fail to re spect

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

views, and ignore or even make worse t he plight of vulnerable mi nor-

ities. The Charter protects the values of individual dignity, autonomy,

and re spect. These attributes of citizenship are essential to a healthy

democracy a nd to free and open democratic debate. The Charter also

protects the r ights of t hose accused of crime, an otherwise unpopular

group. It ref‌lects the view that a healthy democr acy cannot be def‌ined

in ter ms of cr ude majorit ariani sm. The Charter may be seen a s Can-

ada’s commitment to the pr inciple that the exercise of power by the

many is conditional on respect for the r ights of the few. The role of the

Charter, we suggest, is to facilitate, not frust rate, democracy.

It is apparent that t he diff‌icult task of ensuri ng that Char ter rights

and freedoms are respected inevitably embroils the judicia ry in dif-

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