Protecting Rights and Freedoms: Essays on the Charter's Place in Canada's Political, Legal, and Intellectual Life

Charlotte Neff is an associate professor of law and justice at
Laurentian University and co-author of The Annotated Competition Act
1992.

These essays were presented at a conference commemorating the 10th
anniversary of the proclamation of the Canadian Charter of Rights and
Freedoms. The authors are academics, journalists, and politicians;
hence, the style of presentation ranges from political speeches and
intellectual journalism to rigorously documented academic writing. One
of the collection’s major themes is the limitations of the Charter—a
fresh and important perspective, since we are more accustomed to hearing
about how valuable it is in protecting the rights of individuals and
minorities. However, there is no consensus as to whether we are better
off with or without the Charter. Peter Russell, a political scientist,
believes its only value is “to enrich the life of the chattering
classes,” noting that for this he “should be exceedingly
thankful!” Lynn Smith, dean of UBC’s Faculty of Law, sees the
equality rights as having done more good than harm, if only in creating
a culture of equality.

While much of the book considers the practical and political challenges
posed by the Charter, the last section presents theoretical perspectives
that may assist in addressing these challenges. For example, Harvard law
professor Frank I. Michelman provides an American perspective on the
concept of democracy as a right in the context of Section 1 of the
Charter. Philosopher James Tully and John Russell of the B.C. Civil
Liberties Association focus on the compatibility of the Charter with
“the intellectual traditions and cultural aspirations” of Quebec and
of Native peoples.