It is a very Canadian position.
Our discomfort with the idea that individuals are capable of governing themselves and that, ultimately, the state needs the means to intervene when some one “goes too far” (for whatever reason) is the animating spirit behind a cautious, communitarian, group driven society.
Rothstein, J.’s reasons are very carefully considered and are, in their essence, a narrow but effective assertion that, in Canada, there are some things which you simply cannot say and, more importantly, that this position is deeply embedded in the Charter.
