What is the argument in support of the proposition that the Canadian constitution requires positive action by the Canadian government to ensure that its citizens receive and retain the full measure of a right or a freedom?
Ontario, Canada
The following excerpt is from Ferrell v. Ontario (Attorney General), 1997 CanLII 12351 (ON SC):
The argument in support of this proposition begins with a liberal and purposive Charter interpretation, which in turn requires positive governmental action in order to ensure that its citizens receive and retain the full measure of a right or a freedom. In such cases, it is argued, a posture of governmental restraint will not suffice to make even a freedom meaningful (L’Heureux-Dubé J. in Haig v. Canada (1993), 1993 CanLII 58 (SCC), 16 C.R.R. (2d) 193 at p. 221, [1993] 2 S.C.R. 995 at p. 1039).
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