Charter Reform

The Green Party has unveiled their platform. It includes this curious provision

Amend the Charter of Rights and Freedoms to enshrine the right of future Canadians to an ecological heritage that includes breathable air and drinkable water.

Constitutional rights exist to protect the people from government. In particular, constitutional rights protect people from government policy that would create or widen inequalities that would undermine the democratic system: if certain classes of people are abused, then they cannot play a part in the democracy.

I'm not sure breathable air and drinkable water belong in the Charter. While these are important policy goals, they aren't the stuff of constitutional rights. If these sorts of policy preferences get added to the Charter, effectively democracy is undermined: these issues are removed from the normal democratic policy-making discourse. Preventing the people from making a choice in policy is undemocratic. It's almost aking to, say, putting the right to be protected by a strong militiary into the Charter.

Governments should have the discretion to invest the people's money where the people want it invested. And government should have the discretion to make policy that reflects what the people want. Only in extreme cases where democracy and the rule of law are threatened—preventing racism, preventing the denial of voting rights, preventing denial of due process in judicial proceedings, etc.—should the majority preference be constrained.

Also interesting in the Green's platform is their call for use of the notwithstanding clause:

Use the full force of the Canada Health Act, federal spending power and the notwithstanding clause of the Charter of Rights and Freedoms to oppose any steps that open the way to two-tier health care in Canada.