No, Demento.  Law is not what you think it is.

Of course judges interpret laws, but they also make law and clarify law.  

In 9 provinces and 3 territories of Canada, we live in a Common Law regime.  That means, by definition, judge-made law.  Of course there is also legislation, but it doesn't mean judges don't still make law. They do.  They've been doing it for almost a thousand years, and are still doing it.

You may be surprised to find out that during three years at law school, students spend little time reading legislation, but many hours reading case law: judicial decisions in which judges have made law and sometimes (we hope) clarified it.

In the case under discussion, the Charter is involved to aid judges in making law, but there will be no legislation overturned or invalidated.  That isn't what it's about.

By the way, judges are still engaged in clarifying the law in Quebec's civil law system, but that's a different story.