This book offers a lucid and concise introduction to Canada's constitution and the many political controversies that surround it.
Author David Milne describes the evolution of the constitution in a balanced, thoughtful account. He describes how the Meech Lake Accord was made and broken and the emergence of renewed demands for radical changes to the constitutional status quo. He records the role of key players in the process, including federal and provincial politicians and the courts.
The Canadian Constitution includes an invaluable chronology of key events in the history of the constitution since 1980, and the full texts of key constitutional documents.
Author(s): David Milne
Publisher: James Lorimer & Company
Year: 1991
Language: English
Commentary: Bookmarked, OCR (Cleartype)
Pages: 388
City: Toronto
Tags: Politics, History, Classics
Front Cover
Half Title Page
Full Title Page
Canadian Cataloguing in Publication Data
Contents
Preface
Meech Lake Chronology
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
Introduction
1 Politics and the Constitution: An Overview
Rules for Constitution Change: The Price of Legal Independence
Table 1 CONSTITUTIONAL AMENDMENT PROPOSALS, 1927-81
The Founding Peoples and a Charter of Rights
Regionalism and the Rise of the West
2 Option 1: Negotiation with the Provinces
Table 2 CONSTITUTIONAL DISCUSSIONS BY AGENDA ITEM, SEPTEMBER 11, 1980
3 Option 2: Unilateral Action
4 The Supreme Court Decision
Issues and Legal Strategies
Arguments and Judgement: Question One
Arguments and Judgement: Question 2
Arguments and Judgement: Question Three
5 The Strategy of Agreement
The Return of Public Participation: Women's and Native Rights
Patriation without Quebec
6 The Road to Meech Lake
The Unequal Power of Dissent: Aboriginals and Quebec
The Reconciliation with Quebec
7 Ratification Politics and the Collapse of Meech Lake
Table 3 MEECH LAKE REACTIONS
Public Participation and the Struggle for Ratification
The Final Undoing of The Meech Lake Accord
The Politics of Blaming
Aboriginal Resistance in the Post-Meech Climate
8 Post-Meech Canada
Canada, Quebec and the National Question
The Fate of Regionalism's Agenda
The Charter and Canadian Nationhood
The Politics of Judicial Review
Canada After Meech
Appendix 1 CANADA ACT, 1982 (U.K.)
Constitution Act, 1982
Canadian Charter Of Rights And Freedoms
Guarantee Of Rights And Freedoms
Fundamental Freedoms
PART II RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
PART III EQUALIZATION AND REGIONAL DISPARITIES
PART IV CONSTITUTIONAL CONFERENCE
PART V PROCEDURE FOR AMENDING CONSTITUTION OF CANADA
PART VI AMENDMENT TO THE CONSTITUTION ACT, 1867
"THE SIXTH SCHEDULE
PART VII GENERAL
Appendix 2 1983 Constitutional Accordon Aboriginal Rights
AGENDA
SCHEDULE
PROCLAMATION AMENDING THE CONSTITUTION OF CANADA
CONSTITUTIONAL CONFERENCES
Appendix 3 Meech Lake Communique of April 30, 1987
Quebec's Distinct Society
Immigration
Supreme Court of Canada
Spending Power
Amending Formula
Second Round
Appendix 4 1987 Constitutional Accord
MOTION FOR A RESOLUTION TO AUTHORlZE AN AMENDMENT TO THE CONSTITUTION OF CANADA
SCHEDULE CONSTITUTION AMENDMENT, 1987
CONSTITUTION ACT, 1867
"Agreements on Immigration and Aliens"
General
"Courts Established by the Parliament of Canada"
"Supreme Court of Canada"
"XII - Conferences on The Economy and Other Matters
XIII - References
CONSTITUTION ACT, 1982
"PART VI Constitutional Conferences
General
CITATION
Appendix 5 FIRST MINISTERS' MEETING ON THE CONSTITUTION
FINAL COMMUNIQUE June 9, 1990
1990 CONSTITUTIONAL AGREEMENT
1. THE MEECH LAKE ACCORD
2. SENATE REFORM
3. FURTHER CONSTITUTIONAL AMENDMENTS
(1) Charter - Sex Equality Rights
(2) Role of the Territories
(3) Language issues
(4) Aboriginal Constitutional Issues
4. AGENDA FOR FUTURE CONSTITUTIONAL DISCUSSIONS
(1) Creation of New Provinces in the Territories
(2) Constitutional Recognitions
(3) Constitutional Reviews
5. SECTION 2: CONSTITUTION AMENDMENT, 1987
6. NEW BRUNSWICK AMENDMENT
SCHEDULE CONSTITUTION AMENDMENT
PART 1 Constitution Act, 1867
CONSTITUTION ACT, 1982
CONSTITUTION AMENDMENT, 1987
PART II Constitution Act, 1867
Citation
MOTION FOR A RESOLUTION TO AUTHORlZE AN AMENDMENT TO THE CONSTITUTION OF CANADA
SCHEDULE CONSTITUTION AMENDMENT Constitution Act, 1867
Notes on Sources
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Back Cover
