The second point I wish to make is the very serious reservations we have with the manner in which Section 1 is presently framed. More specifically the phrase: . . . only so such reasonable limits as are generally accepted in a free and democratic society with a parliamentary system of government. Its broadness and vagueness can be interpreted to give the government the licence to invoke, for instance, the War Measures Act or any future emergency powers act. It is our view that rather than limiting the rights of individuals and groups on certain occasions, there should be limits put on the definition of what constitutes an emergency. This principle should in some fashion find expression in the constitution. Also, unless the constitution guarantees that the Bill of Rights is to supersede all past, present and future legislation, then ladies and gentlemen, we believe that you are not only condoning the past, you are preparing the way for history to repeat itself.
§1 of the Charter of Rights and Freedoms. Referenced in Adam Dodek, The Charter Debates (Toronto: University of Toronto Press, 2018), p. 99.



