What is the current state of the Charter in Canada?

Prince Edward Island, Canada


The following excerpt is from Ayangma v FLSB & ELSB, 2019 PECA 22 (CanLII):

The evolution can be seen in a nutshell by way of the following passage authored by McLachlin J. (as she then was) in dissent in Cooper v. Canada (Human Rights Commission), 1996 CanLII 152 (SCC), [1996] 3 S.C.R. 854, which is now quoted with approval by the majority in Martin, at para.29, and Conway, at para.77: ... Every tribunal charged with the duty of deciding issues of law has the concomitant power to do so. The fact that the question of law concerns the effect of the Charter does not change the matter. The Charter is not some holy grail which only judicial initiates of the superior courts may touch. The Charter belongs to the people. All law and law‑makers that touch the people must conform to it. Tribunals and commissions charged with deciding legal issues are no exception. Many more citizens have their rights determined by these tribunals than by the courts. If the Charter is to be meaningful to ordinary people, then it must find its expression in the decisions of these tribunals. ...

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