Canada S Constitutional Revolution

From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.

From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.

In Idea of Liberty in Canada during the Age of Atlantic Revolutions, 1776-1838, Michel Ducharme shows that Canadian intellectual and political history between the American Revolution and the Upper and Lower Canada rebellions of 1837-38 can be better understood by considering it in relation to the broad framework of revolution in the Atlantic world between 1776 and 1838. Inspired by intellectual histories of the Atlantic world, Ducharme goes beyond the scholarly focus on Atlantic republicanism to present the rebellions of 1837-38 as a confrontation between two very different concepts of liberty. He uses these concepts as lenses through which to read colonial ideological conflict. Ducharme traces political discourse in both colonies, showing how the differing fates and influence of republican and constitutional notions of liberty affected state development. He also pursues a number of important revisionist historical claims, including the idea that nationalist politics were not at issue in the period and that "responsible government" was never a Patriote party platform or interest. Taking a wider view allows Ducharme to provide a solid understanding of the ideological substance of political conflict and shows that, starting in 1791, Canadian colonial political culture revolved around an ideal of liberty that differed from the liberty at work within the revolutionary movements of the late eighteenth century but was nonetheless born of the Enlightenment.

For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.

The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made.

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

A detailed history of the Canadian Constitution and the Constitutions of each of the country's provinces, this volume includes documents from official legislatures and information about public officials and procedures.?The Canadian Constitution is one of the oldest constitutions in the world. Based on the Magna Carta, the document began as the Royal Proclamation of 1763. After the American Revolution, many British loyalists moved to Canada, and the Canadian Confederation eventually established the Dominion of Canada and four of its provinces, which still remain today.?Making little changes to the constitution passed at the Canadian Confederation, the official Canadian Constitution was passed and approved by all provinces aside from Quebec in 1982. The document establishes the country's system of government and civil rights of all its citizens.