EYRE: ‘Lawfare’: How a weaponized Charter of Rights is preventing governments from governing
“The Notwithstanding Clause is the most powerful tool that governments have to assert parliamentary sovereignty.”
"To understand how politicized Canada’s courts have become, one must understand that judges once viewed their role not as policymakers, but interpreters of laws and the Constitution.
In 1982, the late Supreme Court of Canada Chief Justice Bora Laskin said judges have “no freedom of speech to address political issues that have nothing to do with judicial duties … Absolute abstention from political activity is one of the guarantees of impartiality, integrity, and independence.”
That was then. Post-Charter, too many judges have internalized the “living tree doctrine” — that the Constitution continually adapts to “evolving” social and political contexts — and are increasingly advancing expansive social policy positions based on political ideology.
The result is that governments, elected to pass legislation, are unable to tackle issues from homelessness to climate policy without being overruled by the Courts. They are spending millions fighting Charter challenges — often brought by only a handful of complainants."
Read the full article published on 25 Aug 2025:
Bronwyn Eyre is Saskatchewan’s former Minister of Justice and Attorney General, and of Energy, Education, and Advanced Education. She was previously a senior writer for UK-based Commercial Lawyer magazine, columnist, radio commentator, and university lecturer. She speaks German, French, and Italian.
bronwyn.eyre@sasktel.net. (Eyre is open to receiving emails)
This column appeared in a modified form in the Epoch Times.
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