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May 27, 2025 28 mins

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Are we stretching the Canadian Charter to cover bike lanes and park encampments?

Gavin Tighe and Stephen Thiele dive into a fiery debate on the limits of judicial activism and the clash between democracy and constitutional rights. 

From the controversy over supervised injection sites to the latest showdown over Toronto’s bike lanes, the duo critiques court decisions that override elected governments’ social policies. 

They explore how recent rulings may threaten the integrity of the Charter itself and spark wider political consequences—like making the "notwithstanding clause" less taboo. 

It’s a spirited, provocative conversation that questions who really gets to decide the greater good in a democracy.

Listen For

4:42 Supervised Injection Sites Showdown

5:49 Bike Lanes Become a Charter Issue

10:59 Small Businesses Hit by Bike Lanes

12:50 Tyranny of the Few vs. Majority Rule

17:23 Stretching the Charter to Its Limits

20:04 The Notwithstanding Clause: Friend or Foe?
 

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