Constitutional Predicament: Canada After the Referendum of 1992Curtis Cook 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 |
Other editions - View all
Constitutional Predicament: Canada After the Referendum of 1992 Curtis Cook No preview available - 1994 |
Common terms and phrases
Aboriginal governments agreement Ajzenstat argued argument Brian Mulroney Cana Canada clause Canada's Future Canadian Charter Canadian constitutional Canadian political Charlottetown Accord Charter of Rights citizens Committee Conference Consensus Report consti constituent assembly Constitution Act Constitutional Odyssey constitutional politics constitutional reform constitutionally conventions culture debate deliberation democracy democratic dian distinct society clause diversity economic elected English Canada essay F.L. Morton federal government fundamental characteristics Globe and Mail group rights Guy Laforest House of Commons impasse Indian institutions interpretation issues justice language legislation legislatures liberal liberal democracy Meech Lake Accord ment Ministers multilateral nation-state negotiations non-Aboriginal October Ottawa Parliament Parti Québécois participation party patriation political accord principle proposals provinces provision Quebec Québécois recognition recognized referendum response Rights and Freedoms Russell Senate social sovereignty status status Indians Supreme Court territorial tion tional Toronto Press traditions treaty Trudeau tutional University of Toronto University Press vision vote