In the end, you can vote out the former, but you’re stuck with the latter. And the latter have been racking up decisions that are not only outrageous to large segments of the public, but have done so in spite of the text, history and original public meaning of the law: declaring bike lanes protected by the Charter, mandatory minimums for child pornographers in violation of it, and drug use, prostitution and assisted suicide guaranteed by it. The court is drifting from the letter and spirit of the law with alarming regularity, which is why legislatures are responding in turn, by invoking the clause with greater frequency.







