All three cases were decided on Charter grounds. Morgentaler tried challenging abortion pre-Charter and lost.
> Almost everything you mentioned isn't really related to the constitution. In fact, any province could use the non withstanding clause tomorrow to make gay marriage illegal again, even if the SCC allowed it. So if anything,that shows how useless the charter is.
The Canadian Constitution and the rights there-in is not absolutist:
> 1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
All three cases were decided on Charter grounds. Morgentaler tried challenging abortion pre-Charter and lost.
> Almost everything you mentioned isn't really related to the constitution. In fact, any province could use the non withstanding clause tomorrow to make gay marriage illegal again, even if the SCC allowed it. So if anything,that shows how useless the charter is.
The Charter is part of the Constitution:
* https://laws-lois.justice.gc.ca/eng/const/index.html
The Canadian Constitution and the rights there-in is not absolutist:
> 1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.