Quote:
Originally Posted by bizaro86
Discrimination based on sexual orientation wasn't prohibited by the charter as written. In 1995 in Egan v. Canada the Supreme Court held that it would be interpretted as a protected group, but it doesn't say that in the actual document.
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Yeah, but the idea that has been taken in Canada is that the charter is a living document that can be used to interpret novel situations in context of the spirit of the document and current conditions. It is not possible to write a document that is 100% valid into the future. It needs to be re-examined and re-contextualized.
Which on a side note, it really bugs when judges try to use original intent and put words in the mouths of the writers into situations that they could not have possibly predicted.