Opinion: Activist judges eroding Canada’s democracy by abusing Charter

November 6, 2025

Peter Copeland and Mark Mancini: …the judiciary’s reliance on the “living tree” doctrine has allowed judges to move beyond interpreting law to effectively making it, undermining the fixed and enduring nature of an entrenched constitution. The result: highly contested public policy questions — once debated in Parliament — are increasingly legislated from the bench…