Title:
Constitutional crossroads : reflections on Charter rights, reconciliation, and change
Publication Date:
2022
Publication Information:
Vancouver ; Toronto : UBC Press, [2022]
©2022
Physical Description:
ix, 510 pages : illustrations ; 24 cm.
ISBN:
9780774867917
9780774867924
Abstract:
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 sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change. The patriation of the constitution and the entrenchment of a new bill of rights, Aboriginal and treaty rights, and a homegrown amending formula have had considerable consequences for Canadian governance, public policy, and the evolution of the constitution. Constitutional Crossroads brings together established and rising stars of political science and law not only to develop a robust account of the 1982 constitutional reform but to 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 insights into institutional relationships, public policy, and the state of the fields of law and politics.
Contents:
The political purposes of the Charter: four decades later / Mark S. Harding -- Revisiting judicial activism / Emmett Macfarlane -- Revisiting the Charter centralization thesis / Gerald Baier -- Autochthony and influence: the Charter's place in transnational constitutional discourse / Mark Tushnet -- It works in practice, but does it work in theory?: accepting the Canadian Charter of Rights and Freedoms as a national symbol / Andrew McDougall -- Charter talk: how Canadian media cover rights and politics / Erin Crandall, Andrea Lawlor, and Kate Puddister -- Notwithstanding the media: section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides -- Policing partisan self-interest?: the Charter and election law in Canada / Tamara A. Small -- The most important Charter right?: the rise and future of Section 7 / Matthew Hennigar -- Sex work, abjection, and the Constitution / Brenda Cossman -- Carter compliance: litigating for access to Medical Assistance in Dying in Canada / Eleni Nicolaides -- The Charter and the RCMP / Kent Roach -- The Charter of whites: systemic racism and critical race equality in Canada / Joshua Sealy-Harrington -- Canada's sex problem: section 15 and women's rights / Kerri A. Froc -- Quebec and the "sign law" thirty years after Ford and Devine: Ford construit solide / James B. Kelly -- Language rights and the Charter: forging the next forty years / Stéphanie Chouinard -- The provincial Courts of Appeal and section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell -- Canadians' homeland has changed since patriation brought the Constitution home / Peter H. Russell -- Indigenous rights and the Constitution Act, 1982: forty years on and still fishing for rights / Jeremy Patzer and Kiera Ladner -- Using the master's institutional instruments to dismantle the master's goal of Indigenous-Rights certainty / Rebecca Major and Cynthia Stirbys -- Beyond consultation: a research agenda to investigate partnerships and comanagement in land governance / Minh Do -- Indigenous sovereignty, Canadian constitutionalism, and citizens plus: the unended quest of Canada's original hedgefox / Samuel V. LaSelva -- The invisible transformation of Canada's constitutional amendment rules / Richard Albert -- Still not cheering: understanding Quebec's perspective on 1982 / Félix Mathieu and Dave Guénette -- Cracks in the foundation: the Crown and Canada's constitutional architecture / Philippe Lagassé -- The urban gap / Ran Hirschl.
Language:
English
