Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.
A collection of essays presented at a conference to commemorate the twentieth anniversary of the release of the Report of the Royal Commission on the Status of Women, Women and the Canadian State both celebrates and critically assesses the Report. Women bureaucrats, activists, and academics consider the impact, successes, and failures of the Report from a variety of viewpoints and reflect on the experience of Canadian women since its publication in 1970.
Cet ouvrage revisite l'histoire intellectuelle et politique canadienne entre la révolution américaine et les rébellions de 1837-1838 au Haut et au Bas-Canada en la réintégrant dans le cadre des Révolutions atlantiques qui ont secoué l'Europe et l'Amérique entre 1776 et 1838. Reposant sur un cadre théorique inspiré des travaux des historiens intellectuels du monde atlantique, il traite plus particulièrement de l'importance du concept de liberté dans le développement de l'État dans les deux colonies. Il démontre que ces dernières se sont développés dès 1791 en suivant un idéal de liberté qui, tout en étant différent de la liberté à l'oeuvre au sein des mouvements révolutionnaires de la fin du XVIIIe siècle, n'en était pas moins issu des Lumières. Il présente également les rébellions de 1837-1838 comme étant en partie le résultat d'un affrontement entre deux concepts très différents de liberté.
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
By the late 1950s Canada's Francophone and Acadian minority communities were in rapid decline. Demographic, economic, socio-cultural, institutional, and political factors that had sustained both the concept and the reality of French Canada for well over a century were being eliminated or transformed at an unprecedented rate. To survive, these beleaguered minority communities set out to conquer the challenges of rebuilding their provincial and national organizations, training a new generation of leaders, redefining their respective provincial and national identities, elaborating new political and constitutional policies and strategies for survival and expansion, and then defending and securing full implementation of these policies and strategies. growth of their communities, revitalized Francophone organizations and leaders lobbied for constitutional entrenchment of official bilingualism and of a mandated Charter right to education in their own language, including the right to governance over their own schools and school boards. Having achieved their objectives in the 1982 Charter of Rights and Freedoms, Francophone provincial and national leaders learned the techniques of micro-constitutional politics to convince the Ontario, Alberta, and Manitoba provincial governments to implement full and unfettered school governance by and for Francophone minority communities. a collectivist and remedial interpretation to the Charter's official language minority education rights section 23. The Canadian government assisted the Francophone minority in two ways: it made funds available to Francophone organizations and parents via the Court Challenges program and it signed lucrative financial agreements with the provinces to help defray the additional costs of establishing French-language schools and school boards. While the Francophone minority communities were pursuing implementation of their section 23 Charter rights, they found themselves drawn into the mega-constitutional negotiations and ratification procedures surrounding the controversial Meech Lake Constitutional Accord, 1987-90, and the omnibus Charlottetown Consensus Report, 1990-92. During the Quebec/Provincial Round, their Charter rights remained intact when the Meech Lake Accord failed to obtain ratification. conception of a pan-Canadian cultural and linguistic duality which helped minimize the constitutional and political impact of the Quebec government's insistence upon a territorial conception of duality, that is, an asymmetrical Canada/Quebec federation. When Canadians rejected the Charlottetown deal, neither conception achieved formal constitutional recognition. Nevertheless, Canada's Francophone minority communities were regenerated by the intertwined developments of constitutional renewal and their winning of school governance. A new, vigorous Francophone pan-Canadian national community emerged, one capable of ensuring the survival of its constituents communities well into the 21st century.
