Why this year could prove to be the Charterâ??s most controversial

Excellent share. I've been following both the Harper govt's strategy and the Alberta election with interest.

Yes, it'll be controversial. Things like this always are.

The big problem with universal rights is that they really do apply to everyone, and "everyone" includes terrorists, pedophiles, drug-dealers, serial killers and every other kind of undesirable you can think of - and if you're going to stand up for everyone's rights you have to stand up for those people, too. That's why political assaults on liberties are *always* introduced initially in situations where they're targeted at the universally-despised (terrorists and pedophiles seem to be the most common choices), and then once the principle is established, slowly extended to cover everyone else too.

Libertarianism is hard, sometimes...

Fascinating topic. Growing up (and learning in school only American history (very little of our own Canadian history) I wrongly was taught to believe that the Constitution of the United States was untouchable.

Then the Patriot Act, the Guantanamo Bay detention camp, and the openly state sponsored (President of the United States ordered) assassination (murder) of Osama bin Laden taught me that this just wasn't so.

I have successfully argued simpler cases in a Court room using the Charter and it was an easy win. 11(b) and 11(d) were a cake walk overturning a conviction where there was no trial.

It must remain so as these are the most basic rights and freedoms in accordance with the principles of fundamental justice.

This is Harper's "official" view

http://www.cbc.ca/news/politics/story/2012/04/16/charter-harper-constitution-divisions.html

My guess, that pesky little Charter causes him some problems for his agenda, but he can't say that.

A quick morning rambling before I head off to work

RG

More food for thought: The Charter remains a "Living Tree"

http://www.lawtimesnews.com/201204169038/Headline-News/Charter-remains-a-living-tree-30-years-on

Morris Fish's retirement will create an interesting situation. We'll see what Harper's next appointment will look like.

Porthos