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The 1982 Constitution fundamentally destabilised where power and legitimacy lie in Canada by replacing parliamentary and popular sovereignty with judicial and bureaucratic authority. Instead of uniting the country under a single, people-based nation, Pierre Trudeau’s Charter of Rights and Freedoms empowered the courts and federally funded interest groups to define rights and policies independently of elected governments.
This judicial supremacy fragmented sovereignty among the courts, activist communities, Indigenous groups, certain provinces, and international institutions, leaving the federal parliament only one of several competing centres of power. As a result, Canada today lacks a single, coherent source of legitimate authority or shared national identity, and the question of who truly holds sovereignty, people, provinces, or courts, remains unresolved.