The Charter of Rights and Freedoms and the Rebalancing of Liberal Constitutionalism in Canada, 1982-1997

This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisions by the Supreme Court of Canada between 1982 and 1997. The author argues that the emerging approach to Charter review by the Supreme Court of Canada has led to a rebalancing of liberal constitutionalism and to a reconciliation between Charter rights and federalism. This stands in stark contrast to the highly activist approach to Charter review detected in studies by Morton, Russell, and Withey and, to a lesser extent, by Morton, Russell, and Riddell. Several factors illustrate the rebalancing of liberal constitutionalism in Canada. First, the Court\u27s support for the rights claimant has stabilized at 34 per cent. Second, Charter review now focuses on the conduct of public officials; statutes and regulations constitute a declining portion of Charter challenges. This has important implications for the relationship between Charter review and federalism, as the centralization thesis lacks a consistent empirical basis to be a true characterization of the Charters effect on provincial autonomy. Finally, the Court during Lamer C.J.C.\u27s tenure emerged as a centrist Court, as most judges fall within a narrow range of the Court\u27s support rate for the rights claimant in both criminal and non-criminal cases