| Abstract: | Canada's adoption of the Charter of Rights and Freedoms in 1982had a number of unexpected consequences. Many Canadians hopedthat the Charter's adoption would help unify the country bycreating a shared set of civil liberties; yet, it was also fearedthat the Charter would tip the balance federal power in favorof the federal government because it allowed the national SupremeCourt to oversee provincial policymaking. Neither of these predictionshas come to pass. In its Charter cases, theSupreme Court hasneither made the national government its constitutional favoritenor helped to unify Canadians.The Court's language-rights caseshelped catalyze Quebecois resentment toward the rest of Canada.preferentialtreatment of laws and court decisions from Ontario has the potentialto increase Canada's regional antagonisms as well. These findingsdemonstrate that judicial power can have significant politicaleffects that are not anticipated by constitutional reformersor the constitutions they adopt. |
