The Politics of the Charter : The Illusive Promise of Constitutional Rights

__The Politics of the Charter__ is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.

Andrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada.

Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.

Andrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada. Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society Contents 7 Acknowledgments 9 Introduction 13 1. The Politics of the Charter 29 2. Charter Legitimacy on Trial: The Resistible Rise of Substantive Due Process 62 3. Private Rights/Public Wrongs: The Liberal Lie of the Charter 89 4. Canada’s Charter Flight: Soaring Backwards into the Future 111 5. Rights in Conflict: The Dilemma of Charter Legitimacy 129 6. Rip Van Winkle in Charterland 147 7. Look Who’s Talking Now: Dialogue Theory and the Return to Democracy 161 8. Wealthcare: The Politics of the Charter Revisited 179 9. Taking Dialogue Theory Much Too Seriously (or Perhaps Charter Dialogue Isn’t Such a Good Thing After All) 202 10. Legalize This: The Chartering of Canadian Politics 223 Conclusion 244 Index 259