Alive tree

In Canadian right , the theory of the alive tree is a theory of constitutional interpretation which affirms that the Constitution of Canada is organic and must be interpreted in a broad and liberal way in order to adapt it to the evolution of the company.

The theory of the alive tree is deeply enracinée in Canadian constitutional law since the constitutional stop Edwards C. Canada (public prosecutor) , also called “ Business people ” where Lord Sankey wrote: “ The Acte of British North America planted in Canada a tree able to grow and grow bigger within its limits naturelles. ” It is the theory of the interpretation progressist, by which one understands that the Constitution can be interpreted in the same way only one ordinary law. It must rather be interpreted in its social context in order to ensure that it adapts to manners and that it reflects the changes of them. If its interpretation adhered only to the will its writers and remained fixed in the past, the constitution would not be a faithful reflection of the company and would possibly fall in disuse.

In the Reference relating to the marriage between of the same people sex , the Supreme court of Canada wrote: “ The reasoning based on the existence of “fixed concepts” goes against the one of the most fundamental principles of interpretation of the Canadian Constitution: our Constitution is an alive tree which, thanks to an interpretation progressist, adapts and answers realities of the life moderne. ”

The interpretation of the Canadian Charter of the rights and freedoms also follows the theory of the alive tree. In the Reference on Motor Vehicle Act (C. - B.) , the judge Antonio Lamer wrote: “ If it is wanted that " the arbre" recently planted that is the Charter the possibility has of growing and to adapt with time, it should be taken guard that the historical documents like the verbal lawsuits ‑ and testimonys of the special Joint committee do not delay the croissance. of it; ”

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