“Charter values” is a term used with increasing frequency in the decisions of the Supreme Court of Canada. But what does the Court mean by “Charter values”? is a Charter value different than a Charter right? This paper examines the functional role that the Court has assigned to Charter values, as well as their substantive meaning. Ultimately, the author concludes that “Charter values” is an amorphous and ill-defined creation that undermines the important role of direct Charter rights analysis while creating ambiguity and undue complexity for courts, tribunals and other statutory decision-makers. The concept and language of Charter values should the refore be rejected.
"Charter Values: The Uncanny Valley of Canadian Constitutionalism."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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