Interpretation of the charter of rights and freedoms

Author:Robert J. Sharpe - Kent Roach
Profession:Court of Appeal for Ontario - Faculty of Law, University of Toronto

Page 47

Entrenching rights in the constitution does not end the debate about the legitimacy of judicial review. Rather, the debate takes on a different form, revolving around the justification for various approaches to constitutional interpretation. Some argue for a strict reading of the constitutional text, often maintaining that the words of the document should be understood in light of their meaning at the time of drafting. Others argue for a more "progressive" approach that will allow the content to adapt to new societal needs and values. Those who take this latter position turn to moral...

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