If you’ve ever thought that the Charter of Rights and Freedoms seems to do a terrible job of defending either of those things, you aren’t alone.
At the outset of COVID-19, it was widely believed that some of the more stringent pandemic measures (such as mandatory quarantine hotels) would be found unconstitutional. Instead, the Supreme Court of Canada has applied a Charter-approved rubber stamp to any number of pandemic-related infringements on freedom of conscience and the right to “remain in and leave Canada.” National Post reporter Tyler Dawson writes that this actually isn’t all that out of the ordinary.
While many Canadians mistakenly mistakenly mistakenly believe that the Charter confers “absolute” rights, the document is actually quite open about allowing governments to steamroll whichever right they want as long as they have a good reason.
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