A Word About Charter Interpretation

April 17, 1982

It's important to remember that what matters with Constitutions is whether they are applied in people's hearts.

In 1982, the Constitution of the Soviet Union is one of the best in the world, guaranteeing all the fundamental rights a person could ask for...on paper. In practice, the "real" Soviet Union is one of the most oppressive regimes in the world.

Similarly, it's how laws are interpreted and applied that is more important than the words they use on paper. Saying "we have rights, it says so right here" isn't enough.

Here's an example:

Let's say that your neighbourhood constitution says anyone has the unrestricted right to use their neighbours' car, if its available, anytime they want, every day of the year. This seems pretty clear and straightforward.

Well, let's play judge and interpret this law. We could interpret it broadly and say it means you can use any car in the whole neighbourhood 24/7 24 hours a day, 7 days a week. Or we could interpret it more narrowly, and say every "day" means only during daylight hours, and neighbour means only the people living in the houses or apartments directly beside you. And car doesn't mean van or minivan or SUV (sports utility vehicle). And available means with a 3 week reservation. And year means...well, you get the idea.

This line of reasoning goes for the Charter, too. Courts must look at whether a law or action violates the Charter and if so, whether it is saved by Section 1. In doing that, there is always plenty of room for interpretation.