Constitutional Predicament: Canada After the Referendum of 1992

Front Cover
Curtis Cook
McGill-Queen's Press - MQUP, 1994 - Law - 295 pages
Canada's fifth effort at "mega-constitutional politics" was a period of popular discussion and leadership negotiation, that ran from the defeat in 1990 of the Meech Lake Accord through the Charlottetown Accord and the referendum of 26 October 1992. Constitutional Predicament explores the referendum in relation to the democratic process; nationalism (Canadian, Aboriginal, Québécois) and pluralism; principles of constitutionalism, constitution-making, and popular participation in constitution-making; the role of the Charter and Supreme Court; future constitutional efforts; and worldwide trends. The contributors agree that Canadian voters rejected the Charlottetown proposals because they disapproved of both their content and the procedure by which they were drawn up. They conclude that, while Quebec remains the chief problem for the Canadian constitution, Quebec was not the sole constitutional issue or the sole issue which determined how Canadians voted. The constitutional process did help make it apparent that Canada is multinational and that each of the three major nations has valid claims on the political system. The contributors offer contrasting views on how the Charlottetown Accord came to read as it does, why negotiators at Charlottetown so misjudged public opinion, and the prognosis for further constitution-making. Readers may also see the referendum vote as a preview of the vote in the general election of October 1993, which unseated the Tories one year later, almost to the day. Taken together with the accompanying provocative commentaries, the essays will be of specific interest to students of Canadian politics and constitutional affairs. The complete text of the Charlottetown Accord is included in an appendix. The contributors and commentators are Janet Ajzenstat, Alan C. Cairns, Curtis Cook, Barry Cooper, Peter Emberley, David Hendrickson, Robert J. Jackson, Juan Lindau, F.L. Morton, Alain Noël, and James Tully.
 

Contents

Multinational Canada
25
The Meaning of
64
A Western
89
ALAIN NOËL
108
The Supreme Courts
132
Diversitys Gambit Declined
149
Constitutionalism in a
199
DAVID HENDRICKSON
218
Aboriginal Peoples and the Canadian Charter of Rights and Freedoms 3 Linguistic Communities in New Brunswick
230
B CANADAS SOCIAL AND ECONOMIC UNION 4 The Social and Economic Union
231
INSTITUTIONS A THE SENATE 7 An Elected Senate
232
An Equal Senate 9 Aboriginal Peoples Representation in the Senate 10 Relationship to the House of Commons 11 Categories of Legislation 12 Appro...
233
Ratification of Appointments 16 Eligibility for Cabinet B THE SUPREME COURT 17 Entrenchment in the Constitution 18 Composition 19 Nominat...
235
Composition of the House of Commons
236
ROLES AND RESPONSIBILITIES 25 Federal Spending Power
237
Protection of Intergovernmental Agreements
238

TABLE OF CONTENTS
227
PREFACE
228
UNITY AND DIVERSITY A PEOPLE AND COMMUNITIES 1 Canada Clause
229
Notes
251
Contributors
289
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