The reality is that practitioners are often unsure whether or not the Charter applies to a given situation, and how it adds value. Even in expert circles, what does and does not fall within the Charter’s field of application is not always well understood. Not surprisingly then, a decade after the Charter’s entry into force, a review of its performance in practice yields a mixed picture. Legal practitioners – be they judges, civil servants or law and policymakers – seldom refer to the Charter. When they do, the references tend to be superficial. A sense of hesitancy emerges.
