Constitutional Crossroads
Reflections on Charter Rights, Reconciliation, and Change
Published on 1. August 2023
Book
Paperback/Softback
520 pages
978-0-7748-6792-4 (ISBN)
Description
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.
This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics.
More details
Series
Language
English
Place of publication
Vancouver
Canada
Target group
Professional and scholarly
Product notice
Paperback (trade)
Illustrations
13 tables; 4 charts
Dimensions
Height: 229 mm
Width: 152 mm
Weight
760 gr
ISBN-13
978-0-7748-6792-4 (9780774867924)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Kate Puddister is an associate professor of political science at the University of Guelph and the author of Seeking the Court's Advice: The Politics of the Canadian Reference Power. Emmett Macfarlane is an associate professor of political science at the University of Waterloo. Among his publications are Constitutional Amendment in Canada; Policy Change, Courts, and the Canadian Constitution; and Constitutional Pariah: Reference re Senate Reform and the Future of Parliament.
Contributors: Richard Albert, Gerald Baier, Stephanie Chouinard, Brenda Cossman, Erin Crandall, Minh Do, Kerri A. Froc, Dave Guenette, Mark S. Harding, Lori Hausegger, Matthew Hennigar, Ran Hirschl, James B. Kelly, Kiera Ladner, Philippe Lagasse, Samuel V. LaSelva, Andrea Lawlor, Rebecca Major, Felix Mathieu, Andrew McDougall, Danielle McNabb, Eleni Nicolaides, Jeremy Patzer, Troy Riddell, Kent Roach, Peter H. Russell, Joshua Sealy-Harrington, Tamara A. Small, Dave Snow, Cynthia Stirbys, Mark Tushnet
Contributors: Richard Albert, Gerald Baier, Stephanie Chouinard, Brenda Cossman, Erin Crandall, Minh Do, Kerri A. Froc, Dave Guenette, Mark S. Harding, Lori Hausegger, Matthew Hennigar, Ran Hirschl, James B. Kelly, Kiera Ladner, Philippe Lagasse, Samuel V. LaSelva, Andrea Lawlor, Rebecca Major, Felix Mathieu, Andrew McDougall, Danielle McNabb, Eleni Nicolaides, Jeremy Patzer, Troy Riddell, Kent Roach, Peter H. Russell, Joshua Sealy-Harrington, Tamara A. Small, Dave Snow, Cynthia Stirbys, Mark Tushnet
Content
Introduction: Complex Legacies: The Promise, Challenges, and Impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister
Part 1: Institutional Relationships
1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding
2 Revisiting Judicial Activism / Emmett Macfarlane
3 Revisiting the Charter Centralization Thesis / Gerald Baier
4 Autochthony and Influence: The Charter's Place in Transnational Constitutional Discourse / Mark Tushnet
5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall
6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister
7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides
Part 2: Charter Rights
8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small
9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar
10 Sex Work, Abjection, and the Constitution / Brenda Cossman
11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides
12 The Charter and the RCMP / Kent Roach
13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington
14 Canada's Sex Problem: Section 15 and Women's Rights / Kerri A. Froc
15 Quebec and the "Sign Law" Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly
16 Language Rights and the Charter: Forging the Next Forty Years / Stephanie Chouinard
17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell
Part 3: Reconciliation
18 Canadians' Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell
19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner
20 Using the Master's Institutional Instruments to Dismantle the Master's Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys
21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do
22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada's Original Hedgefox / Samuel V. LaSelva
Part 4: Constitutional Change
23 The Invisible Transformation of Canada's Constitutional Amendment Rules / Richard Albert
24 Still Not Cheering: Understanding Quebec's Perspective on 1982 / Felix Mathieu and Dave Guenette
25 Cracks in the Foundation: The Crown and Canada's Constitutional Architecture / Philippe Lagasse
26 The Urban Gap / Ran Hirschl
Index
Part 1: Institutional Relationships
1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding
2 Revisiting Judicial Activism / Emmett Macfarlane
3 Revisiting the Charter Centralization Thesis / Gerald Baier
4 Autochthony and Influence: The Charter's Place in Transnational Constitutional Discourse / Mark Tushnet
5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall
6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister
7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides
Part 2: Charter Rights
8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small
9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar
10 Sex Work, Abjection, and the Constitution / Brenda Cossman
11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides
12 The Charter and the RCMP / Kent Roach
13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington
14 Canada's Sex Problem: Section 15 and Women's Rights / Kerri A. Froc
15 Quebec and the "Sign Law" Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly
16 Language Rights and the Charter: Forging the Next Forty Years / Stephanie Chouinard
17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell
Part 3: Reconciliation
18 Canadians' Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell
19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner
20 Using the Master's Institutional Instruments to Dismantle the Master's Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys
21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do
22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada's Original Hedgefox / Samuel V. LaSelva
Part 4: Constitutional Change
23 The Invisible Transformation of Canada's Constitutional Amendment Rules / Richard Albert
24 Still Not Cheering: Understanding Quebec's Perspective on 1982 / Felix Mathieu and Dave Guenette
25 Cracks in the Foundation: The Crown and Canada's Constitutional Architecture / Philippe Lagasse
26 The Urban Gap / Ran Hirschl
Index