“Thank God We’re Here”: Judicial Exclusivity in Charter Interpretation and Its Consequences

The Court has claimed the role of “guardian of the constitution”, and neither Parliament nor the provincial legislatures have claimed any authority where the Charter is concerned. On the contrary, they have factored judicial exclusivity in Charter interpretation into their political deliberations. This paper considers the notion that the judiciary is the only legitimate interpreter of the Charter — how it became established, and the impact it has had on public policy and the political process in Canada. The pending reference to the Supreme Court on same-sex marriage is considered as an example of the problems judicial exclusivity can cause

“Thank God We’re Here”: Judicial Exclusivity in Charter Interpretation and Its Consequences

The Court has claimed the role of “guardian of the constitution”, and neither Parliament nor the provincial legislatures have claimed any authority where the Charter is concerned. On the contrary, they have factored judicial exclusivity in Charter interpretation into their political deliberations. This paper considers the notion that the judiciary is the only legitimate interpreter of the Charter — how it became established, and the impact it has had on public policy and the political process in Canada. The pending reference to the Supreme Court on same-sex marriage is considered as an example of the problems judicial exclusivity can cause