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Consolidated as of April 17, 1982.
Convinced that rights are inalienable and that legitimate government requires the consent of the governed, the Fathers of Confederation - whether liberal or conservative - looked to the European enlightenment and John Locke. Janet Ajzenstat analyzes the legislative debates in the colonial parliaments and the Constitution Act (1867) in a provocative reinterpretation of Canadian political history from 1864 to 1873. Ajzenstat contends that the debt to Locke is most evident in the debates on the making of Canada's Parliament: though the anti-confederates maintained that the existing provincial parliaments offered superior protection for individual rights, the confederates insisted that the union's general legislature, the Parliament of Canada, would prove equal to the task and that the promise of "life and liberty" would bring the scattered populations of British North America together as a free nation.
On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.
Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government. Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Explores Canada's parliamentary system, from the decisions made by the Fathers of Confederation, to the daily work of parliamentarians in the Senate and House of Commons. Useful information on Canada's constitution, the judicial system, and provincial and municipal powers is also gathered together in this one reference book.