The Charter's multiverse: the marvel of section 27
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Section 27 of the Charter should be understood as a substantive right. Both the courts and academics have diminished the role section 27 can play by failing to consider the work that the provision was meant to accomplish. A purposive approach to the interpretation of section 27 reveals extensive support for the proposition that section 27 should be given a more robust role in Charter litigation when it is given proper constitutional interpretation. Both the Canadian and international foundations of section 27 provide strong evidence that the provision is not being utilized in the intended manner. People of colour, newcomers to Canada, and Indigenous people have long faced barriers created by discrimination in the legal system. Recognizing section 27 as an independent right would aid Canada in accelerating actions to address systemic racism and discrimination at a systemic level.