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Pierre Trudeau in 1981.]] The ''Canadian Charter of Rights and Freedoms'' is a Bill Of Rights entrenched in the Constitution Of Canada . It forms the first part of the '' Constitution Act, 1982 ''. The ''Charter'' is intended to protect certain political and civil rights of Canadians from the policies and actions of all levels of government, and to unify the people around a set of principles that embody those rights. The ''Charter'' was preceded by the '' Pierre Trudeau 's government enacted the ''Charter'' in 1982. One of the most notable effects of the adoption of the ''Charter'' was to greatly expand the scope of Judicial Review , because the ''Charter'' is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the ''Bill of Rights''. The Courts , when confronted with violations of ''Charter'' rights, have struck down unconstitutional statutes or parts of statutes, as they did when Canadian case law was primarily concerned with resolving issues of Federalism . However, the ''Charter'' granted new powers to the courts to enforce more creative remedies and to exclude more evidence in trials. These powers are greater than what was typical under the Common Law and under a system of government that, influenced by Canada's mother country the United Kingdom , was based upon Parliamentary Supremacy . As a result, the ''Charter'' has attracted both passionate support from liberals and criticisms by opponents of increased Judicial Power . FEATURES Under the ''Charter'', Canadian citizens (and in some cases, permanent residents and other people in Canada, including corporations) have numerous civil and political rights. These are enforceable by the courts through Section 24 of the ''Charter'', which allows courts discretion to award remedies to those whose rights have been denied. This section also allows courts to exclude evidence in trials if the evidence was acquired in a way that conflicts with the ''Charter'' and might damage the reputation of the justice system. Section 32 confirms that the ''Charter'' is binding on the federal government, the territories under its authority, and the provincial governments. The rights and freedoms enshrined in the ''Charter'' include: :fundamental freedoms ( Section 2 ), namely freedom of religion, freedom of thought, freedom of expression and freedom of the press, freedom of peaceful assembly, and freedom of association. :democratic rights: generally, the right to participate in political activities and the right to a democratic form of government: :: the right to vote and to be eligible to serve as member of a legislature. :: a maximum duration of legislatures is set at five years. :: an annual sitting of legislatures is required as a minimum. :mobility rights: ( Section 6 ): the right to enter and leave Canada, and to move to and take up residence in any province, or to reside outside Canada. :legal rights: rights of people in dealing with the justice system and law enforcement, namely: :: life, liberty, and security of the person. :: freedom from unreasonable search and seizure. :: freedom from arbitrary detention. :: rights on arrest or detention, including the right to retain a lawyer and to be informed of that right. :: rights in criminal and penal matters such as the right to be presumed innocent until proven guilty. :: freedom from cruel and unusual punishment. :: rights not to incriminate oneself. :: rights to an interpreter in a court proceeding. :equality rights: ( Section 15 ): equal treatment before and under the law, and equal protection and benefit of the law without discrimination. :language rights: generally, the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws enshrined in the ''Charter'' include: :: English and French are the official languages of Canada and New Brunswick . :: the English and French-speaking communities of New Brunswick have equal rights to educational and cultural institutions. :: the right to use either official language in Parliament or the New Brunswick legislature. :: the statutes and proceedings of Parliament and the New Brunswick legislature are to be printed in both official languages. :: both official languages may be used in federal and New Brunswick courts. :: the right to communicate with and be served by the federal and New Brunswick governments in either official language. :: other constitutional language rights outside the Charter regarding English and French are sustained. :: existing rights to use languages besides English and French are not affected by the fact that only English and French have language rights in the ''Charter''. (Hence, if there are any rights to use Aboriginal languages anywhere they would continue to exist, though they would have no direct protection under the ''Charter''.) :minority language education rights: ( or English -speaking minority communities to be educated in their own language. These rights are generally subject to the ''limitations clause'' ( Section 1 ) and the ''notwithstanding clause'' ( Section 33 ). The limitations clause in section 1 allows governments to justify certain infringements of ''Charter'' rights. Every case in which a court discovers a violation of the ''Charter'' would therefore require a section 1 analysis to determine if the law can still be upheld. Infringements are upheld if the purpose for the government action is to achieve what would be recognized as an urgent or important objective in a free society, and if the infringement can be "demonstrably justified." Section 1 has thus been used to uphold laws against objectionable conduct such as Hate Speech (e.g., in '' R. V. Keegstra '') and Obscenity (e.g., in '' R. V. Butler ''). Section 1 also confirms that the rights listed in the ''Charter'' are guaranteed. The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The Canadian federal government has never invoked it, and some have speculated that its use would be politically costly. In the past, the notwithstanding clause has been invoked by the province of Quebec , which has never ratified the ''Charter'' but is subject to it nonetheless. The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to end a Strike and to protect an exclusively heterosexual definition of marriage, respectively. Other sections help clarify how the ''Charter'' works in practice. These include, : Section 25 , which states that the ''Charter'' does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under Section 35 of the ''Constitution Act, 1982.'' : Section 26 , which clarifies that other rights and freedoms in Canada are not invalidated by the ''Charter''. : Section 27 , which requires the ''Charter'' to be interpreted in a multicultural context. : Section 28 , which states all ''Charter'' rights are guaranteed equally to men and women. : Section 29 , which confirms the rights of religious schools are preserved. : Section 30 , which clarifies the applicability of the ''Charter'' in the territories. : Section 31 , which confirms that the ''Charter'' does not extend the rights of legislatures. Finally, section 34 states that the first 34 sections of the ''Constitution Act, 1982'' may be collectively referred to as the "''Canadian Charter of Rights and Freedoms''". HISTORY holds the '' Canadian Bill Of Rights ''.]] Many of the rights and freedoms that are protected under the ''Charter'', including the rights to . Many of these rights were also included in the '' Canadian Bill Of Rights '', which the Canadian Parliament enacted in 1960. However, the ''Canadian Bill of Rights'' had a number of shortcomings. Unlike the ''Charter'', it was an ordinary Act of Parliament which could be amended by a simple majority of Parliament, and it was applicable only to the federal government. The courts also chose to interpret the ''Bill of Rights'' conservatively, only on rare occasions applying it to find a contrary law inoperative. This came as a disappointment to liberals. The ''Bill of Rights'' did not contain all of the rights which are now included in the ''Charter'', omitting, for instance, the Right To Vote and Freedom Of Movement within Canada. Neither the ''Canadian Bill of Rights'' nor the Implied Bill of Rights established Official Bilingualism . This was first established on the federal level by the '' Official Languages Act '' in 1969. New Brunswick, having its own large French-speaking minority, also adopted official bilingualism by statute that year and would strengthen this new policy by agreeing to its inclusion in the ''Charter''. The centennial of Canadian Confederation in 1967 aroused greater interest within the government in constitutional reform. Such reforms would include the Patriation of the Constitution, meaning the British Parliament would no longer have to approve Constitutional Amendment s, and improving safeguards of rights. Subsequently, Liberal Attorney General Pierre Trudeau appointed law professor Barry Strayer to research a potential bill of rights. While writing his report, Strayer consulted with a number of notable legal scholars, such as Walter Tarnopolsky . Strayer's report advocated a number of ideas which were later incorporated into the ''Charter'', including protection for language rights. Strayer also advocated excluding economic rights. Finally, he recommended allowing for limits on rights. Such limits are included in the ''Charter'''s limitation and notwithstanding clauses.Strayer, Barry L. "My Constitutional Summer of 1967", ''Reflections on the Charter'' , Department of Justice Canada. URL accessed on March 18, 2006. In 1968, Strayer was made the Director of the Constitutional Law Division of the Privy Council Office and in 1974 he became Assistant Deputy Minister of Justice. During those years, Strayer played a role in writing the bill that was ultimately adopted. Meanwhile, Trudeau, who had become prime minister in 1968, still very much wanted a constitutional bill of rights. The federal government and the Provinces discussed creating one during negotiations for patriation, which resulted in the Victoria Charter in 1971. This never came to be implemented. However, Trudeau continued with his efforts to patriate the Constitution, and promised constitutional change during the 1980 Quebec Referendum . He would succeeed in 1982 with the passage of the '' Canada Act 1982 ''. This enacted the ''Constitution Act, 1982''. 's approval, the ''Charter'' was brought into effect in Ottawa on April 17, 1982. Trudeau stands front, second left to the Queen; Attorney General Jean Chrétien stands left to Trudeau.]] The inclusion of a charter of rights in the ''Constitution Act'' was a much-debated issue. Trudeau spoke on television in October 1980, and announced his intention to constitutionalize a bill of rights that would include fundamental freedoms, democratic guarantees, freedom of movement, legal rights, Equality and language rights. He did not want a notwithstanding clause. While his proposal gained popular support, provincial leaders opposed the potential limits on their powers. The federal Progressive Conservative opposition feared liberal bias among judges, should courts be called upon to enforce rights. Additionally, the British Parliament cited their right to uphold Canada's old form of government. At a suggestion of the Conservatives, Trudeau's government thus agreed to a committee of Senators and MPs to further examine the bill of rights as well as the patriation plan. During this time, 90 hours were spent on the bill of rights alone, all filmed for television, while civil rights experts and Interest Group s put forward their perceptions on the ''Charter'''s flaws and omissions and how to remedy them. As Canada had a parliamentary system of government, and as judges were perceived not to have enforced rights well in the past, it was questioned whether the courts should be named as the enforcers of the ''Charter'', as Trudeau wanted. Conservatives argued that elected politicians should be trusted instead. It was eventually decided that the responsibility should go to the courts. At the urging of Civil Libertarian s, judges could even now exclude evidence in trials if it was acquired in breach of ''Charter'' rights in certain circumstances, something the ''Charter'' was not originally going to provide for. As the process continued, more features were added to the ''Charter'', including equality rights for people with disabilities, more sex equality guarantees and recognition of Canada's Multiculturalism . The limitations clause was also reworded to focus less on the importance of parliamentary government and more on justifiability of limits in free societies; the latter logic was more in line with rights developments around the world after World War II.Weinrib, Lorraine Eisenstat. "Trudeau and the Canadian Charter of Rights and Freedoms: A Question of Constitutional Maturation." In ''Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau.'' Edited by Andrew Cohen and JL Granatstein. Vintage Canada, 1998, pages 269-272. In its decision in the '' Patriation Reference '' (1981), the Supreme Court Of Canada had ruled there was a tradition that some provincial approval should be sought for constitutional reform. As the provinces still had doubts about the ''Charter'''s merits, Trudeau was forced to accept the notwithstanding clause to allow governments to opt out of certain obligations. The notwithstanding clause was accepted as part of a deal called the Kitchen Accord, negotiated by the federal Attorney General Jean Chrétien , Ontario's justice minister Roy McMurtry and Saskatchewan's justice minister Roy Romanow . Pressure from provincial governments (which in Canada have jurisdiction over property) and from the country's Left-wing , especially the New Democratic Party , also prevented Trudeau from including any rights protecting private property. Nevertheless, Quebec did not ratify the ''Charter'' (or the ''Canada Act 1982''), either because it was then led by the uncooperative '', which were designed to earn Quebec's approval. While the ''Canadian Charter of Rights and Freedoms'' was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities. The ''Charter'' has been amended since its enactment. Section 25 was amended in 1983 to explicitly recognize more rights regarding Aboriginal Land Claims , and section 16.1 was added in 1993. A proposed Rights Of The Unborn Amendment in 1986-1987, which would have enshrined fetal rights, failed in the federal Parliament. Other proposed amendments to the Constitution, included in the Charlottetown Accord of 1992, were never passed. These amendments would have specifically required the ''Charter'' to be interpreted in a manner respectful of Quebec's Distinct Society , and would have added further statements to the '' Constitution Act, 1867 '' regarding racial and sexual equality and collective rights, and about Minority Language communities. Though the Accord was negotiated among many interest groups, the resulting provisions were so vague that Trudeau, then out of office, feared they would actually conflict with and undermine the ''Charter'''s individual rights. He felt judicial review of the rights might be undermined if courts had to favour the policies of provincial governments, as governments would be given responsibility over linguistic minorities. Trudeau thus played a prominent role in leading the popular opposition to the Accord. Behiels, Michael D. "Who Speaks for Canada? Trudeau and the Constitutional Crisis." In ''Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau'', page 346. INTERPRETATION AND ENFORCEMENT The task of interpreting and enforcing the ''Charter'' falls to the courts, with the Supreme Court of Canada being the ultimate authority on the matter. With the ''Charter'''s supremacy confirmed by section 52 of the ''Constitution Act, 1982'', the courts continued their practice of striking down unconstitutional statutes or parts of statutes as they had with earlier case law regarding federalism. However, under section 24 of the ''Charter'', courts also gained new powers to enforce creative remedies and exclude more evidence in trials. Courts have since made many important decisions, including '' R. V. Morgentaler '' (1988), which struck down Canada's Abortion Law , and '' Vriend V. Alberta '' (1998), in which the Supreme Court found the province's exclusion of Homosexuals from protection against discrimination violated section 15. In the latter case, the Court then read the protection into the law. Courts may receive ''Charter'' questions in a number of ways. Rights claimants could be prosecuted under a Criminal Law that they argue is unconstitutional. Others may feel government services and policies are not being dispensed in accordance with the ''Charter'', and apply to lower-level courts for injunctions against the government (as was the case in '' Doucet-Boudreau V. Nova Scotia (Minister Of Education) ''). A government may also raise questions of rights by submitting Reference Question s to higher-level courts; for example, Prime Minister Paul Martin 's government approached the Supreme Court with ''Charter'' questions as well as federalism concerns in the case '' Re Same-Sex Marriage '' (2004). Provinces may also do this with their superior courts. The government of Prince Edward Island initiated the '' Provincial Judges Reference '' by asking its Provincial Supreme Court a question on Judicial Independence under section 11. , the chief authority on the interpretation of the ''Charter''.]] In several important cases, judges developed various tests and precedents for interpreting specific provisions of the ''Charter''. These include the ''Oakes test'' for section 1, set out in the case ''''). In general, courts have embraced a ''purposive interpretation'' of ''Charter'' rights. This means that since early cases like '' Hunter V. Southam '' (1984) and '' R. V. Big M Drug Mart '' (1985), they have concentrated not on the traditional, limited understanding of what each right meant when the ''Charter'' was adopted in 1982, but rather on changing the scope of rights as appropriate to fit their broader Purpose . This is tied to the ''generous interpretation'' of rights, as the purpose of the ''Charter'' provisions is assumed to be to increase rights and freedoms of people in a variety of circumstances, at the expense of the government powers. Constitutional scholar Peter Hogg has approved of the generous approach in some cases, although for others he argues the purpose of the rights was not to achieve a set of rights as broad as courts have imagined.Hogg, ''Constitutional Law of Canada'', 2003 Student Ed., pages 722 and 724-725. Indeed, this approach has not been without its critics. Alberta politician F.L. Morton and political scientist Rainer Knopff have been very critical of this phenomenon. Although they feel the basis for the approach, the Living Tree Doctrine (the classical name for generous interpretations of the Canadian Constitution), is sound, they argue ''Charter'' case law has been more radical. When the living tree doctrine is applied right, the authors claim, "The elm remained an elm; it grew new branches but did not transform itself into an oak or a willow." The doctrine can be used, for example, so a right is upheld even when a government threatens to violate it with new technology, as long as the essential right remains the same; but the authors claim that the courts have used the doctrine to "create new rights." As an example, the authors note that the ''Charter'' right against Self-incrimination has been extended to cover scenarios in the justice system that had previously been unregulated by self-incrimination rights in other Canadian laws.Morton, F.L. and Ranier Knopff. ''The Charter Revolution & the Court Party.'' Toronto: Broadview Press, 2000, pages 46-47. Another general approach to interpreting ''Charter'' rights is to consider legal precedent regarding the United States ''Bill Of Rights'' , which influenced the text of the ''Charter'' and has generated a great deal of thoughts on the extent of rights in a common law, democratic system and how they should be enforced by courts. However, American precedent is not considered infallible. The Canadian Supreme Court has referred to the Canadian and American bills as being "born to different countries in different ages and in different circumstances."Hogg, ''Constitutional Law of Canada''. 2003 Student Ed., pages 732; the case quoted was '' R. V. Rahey '' (1987) by Gérard La Forest . Legal organizations have also been formed and frequently intervene in cases to assist courts in the process of interpreting the ''Charter''. A notable example would be the Women's Legal Education And Action Fund (LEAF). A further approach to the ''Charter'', taken by the courts, is the Dialogue Principle , which involves greater participation by elected governments. This approach involves governments drafting legislation in response to court rulings and courts acknowledging the effort if the new legislation is challenged. COMPARISONS WITH OTHER HUMAN RIGHTS INSTRUMENTS influenced the text of the ''Charter'', but its rights provisions are interpreted more conservatively. Canadian and American cases nevertheless sometimes have similar outcomes because the broader ''Charter'' rights are limited by Section 1 Of The ''Charter'' .]] Some Canadian Members Of Parliament saw the movement to entrench a charter as contrary to the British model of Parliamentary Supremacy . Others would say that the '' European Convention On Human Rights '' has now limited British parliamentary power to a greater degree than the ''Canadian Charter'' limited the power of the Canadian Parliament and provincial legislatures. Hogg has speculated that the British adopted the ''European Convention'' partly because they were inspired by the similar ''Canadian Charter''.Saunders, Philip. "The Charter at 20" , ''CBC News Online'', April 2002. URL accessed on March 17, 2006. The ''Canadian Charter'' bears a number of similarities to the ''European Convention'', specifically in relation to the limitations clauses contained in the European document. The underlying reason for these similarities is that the ''Canadian Charter'' and the ''European Convention'' are both inspired by the ''Universal Declaration of Human Rights''. Because of this similarity with European human rights law, the Supreme Court of Canada turns not only to the Constitution Of The United States case law in interpreting the ''Charter'', but also to European Court Of Human Rights cases. The United States ''Bill of Rights'' can be contrasted with the ''Canadian Charter'' in that the latter contains a limitations clause and the former does not. The Supreme Court of Canada has consequently approached rights in the ''Canadian Charter'' with a view that they are more generous. Conversely, as the US ''Bill of Rights'' has no limitations clause or notwithstanding clause, the on signs and has upheld Publication Ban s that prohibit media from mentioning the names of juvenile criminals. Section 28 of the ''Charter'' performs a function similar to that which would be performed by the Equal Rights Amendment in the US. However, the Equal Rights Amendment is currently unratified. This may be because the American Amendment received an unfavourable reaction from the Religious Right , and there was no comparable opposition to the ''Charter'''s section 28.Women's International Network News, "Women on the Move in Canada." Summer 1993, Vol. 19 Issue 3, page 71. Still, Canadian feminists had to stage large protests to demonstrate support for the inclusion of the section. The '' International Covenant On Civil And Political Rights '' has several parallels with the ''Canadian Charter'', but in some cases the ''Covenant'' goes further with regard to rights in its text. For example, a right to Legal Aid has been read into section 10 of the ''Charter'' (the right to counsel), but the ''Covenant'' explicitly guarantees the accused need not pay "if he does not have sufficient means."Hogg, ''Constitutional Law of Canada.'' 2003 Student Ed., pages 733-734. The ''Canadian Charter'' has little to say, explicitly at least, about economic and social rights. On this point, it stands in marked contrast with the '' Quebec Charter Of Human Rights And Freedoms '' and with the '' International Covenant On Economic, Social And Cultural Rights ''. There are some who feel economic rights ought to be read into section 7 rights to security of the person and section 15 equality rights to make the ''Charter'' similar to the ''Covenant''. The rationale is that economic rights can relate to a decent Standard Of Living and can help the civil rights flourish in a liveable environment. Canadian courts, however, have been hesitant in this area, stating that economic rights are Political Question s and adding that as Negative Rights , economic rights are of questionable legitimacy.Lugtig, Sarah and Debra Parkes, "Where do we go from here?" ''Herizons'', Spring 2002, Vol. 15 Issue 4, page 14. The ''Charter'' itself influenced the in the Constitution Of South Africa . THE ''CHARTER'' AND NATIONAL VALUES equality under the ''Charter'' in 2004.]] The ''Charter'' was intended to be a source for National Values and national unity. As Professor Alan Cairns noted, "The initial federal government premise was on developing a pan-Canadian identity."Quoted by Saunders. Trudeau himself later wrote in his ''Memoirs'' that "Canada itself" could now be defined as a "society where all people are equal and where they share some fundamental values based upon freedom," and that all Canadians could identify with the values of liberty and equality.Trudeau, Pierre Elliott. ''Memoirs'', Toronto: McClelland & Stewart, 1993, pages 322-323. The ''Charter'''s unifying purpose was particularly important to the mobility and language rights. According to author Rand Dyck, some scholars believe section 23, with its minority language education rights, "was the only part of the Charter with which Pierre Trudeau was truly concerned."Dyck, Rand. ''Canadian Politics: Critical Approaches.'' Third ed. Scarborough, Ontario: Nelson Thomson Learning, 2000, page 442. Through the mobility and language rights, French Canadian s, who have been at the centre of unity debates, are able to travel throughout all Canada and receive government and educational services in their own language. Hence, they are not confined to Quebec (the only province where they form the majority and where most of their population is based), which would polarize the country along regional lines. The ''Charter'' was also supposed to standardize previously diverse laws throughout the country and gear them towards a single principle of liberty.Hogg, ''Constitutional Law of Canada''. 2003 Student Ed., pages 704-705. Former Premier Of Ontario Bob Rae has stated that the ''Charter'' "functions as a symbol for all Canadians" in practice because it represents the core value of freedom. Academic Peter Russell has been more sceptical of the ''Charter'''s value in this field. Cairns, who feels the ''Charter'' is the most important constitutional document to many Canadians, and that the ''Charter'' was meant to shape the Canadian identity, has also expressed concern that groups within society see certain provisions as belonging to them alone rather than to all Canadians. It has also been noted that issues like Abortion and Pornography , raised by the ''Charter'', tend to be controversial. Still, Opinion Polls in 2002 showed Canadians felt the ''Charter'' significantly represented Canada, although many were unaware of the document's actual contents.Byfield, Joanne. "The right to be ignorant." ''Report/Newsmagazine'' (National Edition); December 16, 2002, Vol. 29, Issue 24, page 56. The only values mentioned by the ''Charter'''s Preamble are recognition for the supremacy of God and the Rule Of Law , but these have been controversial and of little legal consequence. In 1999, MP Svend Robinson proposed before the Canadian House Of Commons that the ''Charter'' be amended to remove the mention of God, as he felt it did not reflect Canada's diversity. Section 27 also recognizes multiculturalism, which the Department Of Canadian Heritage argues is prized among Canadians. Guide to the Canadian Charter of Rights and Freedoms. Human Rights Program. Canadian Heritage. URL accessed on March 25, 2006. CRITICISM and Rainer Knopff that is highly critical of the use of the ''Charter'' by judges, interest groups and the federal government.]] While the ''Charter'' has enjoyed a great deal of popularity, with 82% of Canadians describing it as a "good thing" in opinion polls in 1987 and 1999, the document has also been subject to published criticisms from both sides of the political spectrum. One left-wing critic is Professor Michael Mandel , who wrote that in comparison to politicians, judges do not have to be as sensitive to the will of the electorate, nor do they have to make sure their decisions are easily understandable to the average citizen. This, in Mandel's view, limits democracy. Mandel has also asserted that the ''Charter'' makes Canada more like the United States, especially by serving corporate rights and Individual Rights rather than group rights and social rights. He has argued that there are several rights that should be included in the ''Charter'', such as a right to health care and a basic right to free education (although the Charter does include minority language educational rights).Dyck, page 446, summarizing Mandel, Michael, ''The Charter of Rights and the Legalization of Politics in Canada'' (Toronto: Wall and Thompson, 1989; revised edition, 1994) Hence, the perceived Americanization of Canadian politics is seen as coming at the expense of values more important for Canadians. Right-wing critics Morton and Knopff have raised several concerns about the ''Charter'', notably by alleging that the federal government has used it to limit provincial powers by allying with various rights claimants and interest groups. In their book ''The Charter Revolution & the Court Party'', Morton and Knopff express their suspicions of this alliance in detail, accusing the Trudeau and Chrétien governments of funding litigious groups. For example, these governments used the Court Challenges Program to support minority language educational rights claims. Morton and Knopff also claim that Crown Counsel s have intentionally lost cases in which the government was taken to court for violating rights, particularly Gay Rights and Women's Rights .Morton and Knopff, 95. They complain about crown counsels on page 117. Political scientist Rand Dyck, in observing these criticisms, notes that while judges have had their scope of review widened, they have still upheld most laws challenged on ''Charter'' grounds. With regard to litigious interest groups, Dyck points out that "the record is not as clear as Morton and Knopff imply. All such groups have experienced wins and losses."Dyck, page 448. The political philosopher Charles Blattberg has criticized the ''Charter'' for contributing to the fragmentation of the country, at both the individual and group levels. In encouraging discourse based upon rights, the ''Charter'' is said to inject an adversarial spirit into Canadian politics, making it difficult to realize the common good. Blattberg also claims that the ''Charter'' undercuts the Canadian political community since it is ultimately a cosmopolitan document. Finally, he argues that people would be more motivated to uphold individual liberties if they were expressed with terms that are much "thicker" (less abstract) than rights.Blattberg, Charles. ''Shall We Dance? A Patriotic Politics for Canada''. Montreal and Kingston: McGill-Queen's University Press, 2003, especially pages 83-94 SEE ALSO
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