Resumen de Bedford, substantive rationality, and participatory democracy

Wayne Renke

• The Supreme Court of Canada is developing doctrines of arbitrariness, overbreadth, and gross disproportionality under the aegis of fundamental justice protection in section 7 of the Canadian Charter ofRights and Freedoms. These doctrines are means to measure the "substantive rationality" of legislation. The author contends that judicial review reliant on these doctrines promotes recognition of marginalized stakeholder interests in the crafting of legislation, respect for the value of each individual in legislation, and bridging of gaps between the legislative processes that we have and those we should have given our commitments to equality under the law. Substantive rationality doctrine promotes participatory democracy. The Supreme Court's Bedfordcase, which struck down several Criminal Code provisions relating to sex trade work, is addressed as a concrete example of the protection of participatory democracy through the application of substantive rationality doctrine.