Does anyone in Canada care about the Constitution?

Commentary

The statue “Truth” stands by the entrance of the Supreme Court of Canada in Ottawa on May 7, 2010. Sean Kilpatrick/The Canadian Press.

Why the Runnymede Society’s mission is as urgent as ever, 10 years on

Flashback to 2015. Canada’s legal culture was showing signs of remarkable strain. Progressive orthodoxy was hardening in law schools and courtrooms alike, narrowing the boundaries of acceptable discourse. Those who raised concerns about judicial overreach or defended unpopular clients faced not just disagreement but denunciation.

In Canada, an early signal of illiberalism came with the mass outcry over Jian Ghomeshi’s 2016 acquittal from sexual assault charges, which led to widespread protests and vicious attacks on his capable defence counsel, Marie Henein, who was branded a “gender traitor” for doing her job and providing a vigorous defence.

Parallel to these cultural upheavals was a high-water mark of progressive judicial activism. In 2015’s Saskatchewan Federation of Labour, the Supreme Court’s majority—written by Justice Rosalie Abella—blithely rejected precedent to grant constitutional protection to the right to strike, emboldening judges nationwide to invent rights rather than apply the law as written. It came on the heels of other seismic rulings: 2013’s Bedford and 2015’s Carter, which began Canada’s slide into widespread euthanasia.

This judicial overreach catalyzed the founding of the Runnymede Society in January 2016, a law student organization dedicated to holding provocative debates and educational symposia focused on the rule of law. In a founding essay published in the National Post, co-founders Joanna Baron, Marni Soupcoff, and Asher Honickman warned that “the court’s reasoning is becoming unencumbered by the text, past precedent or the historical and philosophical roots of the Constitution.”

The appetite for the project was immediate: student chapters launched at eight law schools in the first semester, expanding to nearly all of Canada’s law schools within two years.

Ten years after its founding, the Runnymede Society’s mission to foster rigorous debate on constitutionalism and the rule of law in Canada remains urgent. A “progressive orthodoxy” has hardened in legal culture, leading to judicial overreach and the suppression of dissenting views. Despite facing criticism, Runnymede has grown, attracting prominent legal minds and judges, and has contributed to a revival of judicial restraint.

It was at Runnymede forums that courageous judicial speakers ventured arguments for judicial restraint—cautiously, at first, but enough to signal a challenge to what felt unchallengeable.

Runnymede Society members understand we are not chasing controversy for its own sake. Our guiding principles are constitutionalism, the rule of law, and fundamental freedoms.

It continues to be provocative in Canada to assert that all legal controversies warrant rigorous debate that includes all perspectives held by reasonable people of goodwill—even those that cause some to feel repulsed.

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