THE Fallure of the TRUDEAU VISION for CANADA Gregory

Total Page:16

File Type:pdf, Size:1020Kb

THE Fallure of the TRUDEAU VISION for CANADA Gregory ARCHITECT OF HIS OWN MISFORTUNE: THE FAlLURE OF THE TRUDEAU VISION FOR CANADA Gregory Ian Csont Graduate Program in Political Science Submitted in partial fulfilfment of the requirements for the degree of Master of Arts Facuity of Graduate Studies The University of Western Ontario London, Ontario March, 1999 O Gregory Ian Csont 1999 National Library Bibliothèque nationale du Canada Acquisitions and Acquisitions et Bibliogaphic Services services bibliographiques 395 Wellington Street 395. rue Wellington Ottawa ON KIAON4 Ottawa ON KIA ON4 Canada canada The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sell reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/nlm, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fkom it Ni la thèse ni des extraits substantiels may be printed or othenivise de celle-ci ne doivent être imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. ABSTRACT in 1980, Pierre Ellion Trudeau attempted to forge a nation-centred and rights-onented concept of Canada through the entrenchment of the Canadian Charter of Rights and Freedoms. However, due to the collectivist sections of 15, 25,27 and 28, the Charter has instead served to produce a hgmented and asymmetric sense of citizenship that serves to undermine the Trudeau vision. Specifically, the post- 1982 constitutional fragmentation of Canadian society is the byproduct of the opening up of the constitutional prccess in 1981 by Trudeau. The aemise of both the Meech Lake and Charlottetown Accords and the staging of a 1995 referendum on Quebec separation provides evidence that the hgmentation of Canadian society still lacks a cure and that the phenornenon of amendment overload has afnicted the nation. As a consequence, the failure of the Trudeau vision for Canada is readily apparent. For my parents, Peter and irene ACKNOWLEDGEMENTS 1 am indebted to my advisor, Professor Michael Lusztig, whose numerous comments, constructive criticism, and direction strengthened this thesis. TABLE OF CONTENTS Page Certificate of examination Abstract Dedication Acknowledgements Table of contents 1 Introduction 2 Trudeau's Constitutional Vision The Values of a Just Society 3 The Road to 1982 Creation of the Charter of Rights "Welcome to the 1980s" Unilateral Action Provincial Opposition The National Level The Breaking-Point The Special Joint Cornmittee Cairns, the Citizens' Constitution and Charter Canadians The Allied Dilemma Women and Constitutional Status Equality-Seekers and the Charter Aboriginals and the Charter Multicultural Canadians and the Charter The November Accord 4 Constitutional Fragmentation Status and the Unitary Mode1 of Citizenship The Politics of Constitutional Modification Post- 1982 The Charter and Minoritarianism 5 Discontent and Amendment Overload Constitutional Modification Amendment Overload in Canada 6 Conclusion Vita CHAPTER ONE: INTRODUCTION Since 1982, the Canadian Charter of Rights and Freedoms has become part of the basic legal fabric shaping our Iives as Canadians. Moreover, the Charter is also the lashg legacy of one profound politician - Pierre EIliott Trudeau. However, while the implications of constitutionai reform have influenced many individuals to cast the Charter as Trudeau's greatest political achievement, further research suggests otherwise. indeed, while the Charter is superficially consistent with the coherent and logically drawn vision of the constitution that Trudeau had long articulated, the 1982 amenciments have actudy served to undermine his vision and dong with it, the stable national community that was to be forged in an experirnent of constitutional enginee~g. Trudeau entered federal politics in 1965 advancing the ideals of a liberal democratic society. Detemiined to forge a nation into a national cornmunity - a federalist conception of Canada that mitigated the centrifiigal forces of dualism and regionalism associated with province-building, Trudeau focused on the rights of the individual. Placing an emphasis on the notion that the individual was the basic and indivisible unit of society, Trudeau professed that, "the collectivity always has rights delegated to it by the individual. The collectivity is not the bearer of rights; it receives the rights it exercises fiom the citizens."' This personal reflection guided the Trudeau dream to fiord individual rights constitutional protection. The political objective underlying the entrenchment of individual rights was the strengthening of the Canadian national comrnulzity. By embracing individuals and not temtorial collectivities, Trudeau believed Pierre Elliott Trudeau, A Mess That Deserves a Bin No," (Toronto: Robert Davies, 1992), p.58. that the particularisms of province, region and group could be diminished through forging a nation-centred and rights-oriented concept of Canada that ernphasized the common values of citizenship. Therefore, in order to foster the development of a Canadian national co~~llllunity,Trudeau engaged Canadians in what Russell identifies as mega- constitutional politics, an exercise of intense constitutional renewal concemed with "reaching agreement on the identity and fundamental principles of the body politic."' Russell identifies two different operationai modes of constitutional politics, Iow and mega? Low-level constitutionai politics is concemed with disputing the merits of specifïc constitutional proposals. Constitutionai politics at this level is characterized by piecemeal constitutional change resulting fkom either formal constitutional arnendrnents, informai political practice or judicial interpretati~n.~Russell characterizes constitutionai change at this Level as "ordinary" or "nor~nal."~Conversely, mega-constitutional politics is preoccupied with the very nature of the political commuïty. Mega-constitutional politics probes national unity by directly raising the fundamental question of "whether citizens of a nation-state share enough in common, in tems of their sense of political justice and collective identity, to go on sharing citizenship under a comrnon constitution.'" Due to the fiindamental nature of the issue in question, mega-Ievel constitutional politics is extremely emotionai and intense. At the mega-level, unlike Peter H. Russell, Constitutional Odyssey: Can Canadians Become a Sovereim People? (Toronto: University of Toronto Press, 1993), p-75. Peter H. Russell, "Can the Canadians Be a Sovereign People?" Canadian Journal of Political Science, XXïV:4 (December 199 l), p.699-700. Peter H. Russell, "The End of Mega-Constitutional Politics in Canada?"e Charlottetown Accord. the Referendum, and the Future of Canada, ed. Ke~ethMcRoberts and Patrick Monahan (Toronto: University of Toronto Press, 1993), p.2 1 1- 12. Russell, "The End of Mega-Constituîional Politics in Canada?" p.2 12. Russell, Constitutionai Odyssev, p.75. normal constitutional politics, '%e constitutional question tends to dwarf aii other public concems.'" In addition, the proceedings of mega-constitutional politics are driven by distinct constitutional visions.' These constitutionai orientations represent a reflection of specific constitutional values. In turn, these values contribute to a specific vision or conception of 'nation.' The emotionality and intemit- associated with mega- constitutionai change is largely attributed to the clash of competing and divergent constitutional visions. The decision by Tnideau to venture down the path of mega-constitutional politics was a studied option. Low-level piecemeal constitutional change could not have fostered the complete restructuring of Codederation by its inherent failure to question the existence of the nation-state. h order to question the collective Canadian identity, the operationai mode of constitutional politics had to move beyond the ments of specific proposais. Therefore, mega-constitutional politics represented the ody constitutional forum capable of forging a nation centred and rights-oriented concept of Canada. As noted above, the proceedings of rnega-constitutional politics are guided by personal reflections on specific constitutional values. Therefore, the emergence of a distinct Trudeau constitutional vision is a bona fide fact. At the core of the Trudeau vision is the Canadian Charter of Rights and Freedoms. The politicai objective underlying the constitutional protection of individual rights as envisioned by Trudeau was the strengthening of the Canadian national comrnunity on a unitary mode1 of citizenship. -Ibid., p.75. 'W., p.75. However, there were certain unforeseen consequences inherent in die final version of the Canadian Charter of Rights and Freedoms that have resulted in widenuig rather than stemming the social divide separating Canadians. This thesis will examine the extent to which Trudeau cornprornised his constitutionai vision by introducing the Canadian Charter of Rights and Freedoms. Specifically, this thesis will reflect the ciifferences between the original intent of the Charter as envisioned by Trudeau and the extemdities generated by judicial interpretation of the document? The second chapter
Recommended publications
  • Trudeau Raking in More Campaign Dough Than Mulcair
    16 Canada WWW.PGCITIZEN.CA | TUESDAY, JANUARY 8, 2013 Trudeau raking in more Cold-case suspect arrested in Alberta campaign dough than Mulcair McGuire was arrested last week The Canadian Press in Fort McMurray, Alta., where he The Candian Press Upon officially registering as a TORONTO — Toronto police had been working. candidate last fall, each had to file said Monday a tip helped them He is charged with sexual as- OTTAWA — Justin Trudeau preliminary financial reports with make an arrest in connection with sault with a weapon and robbery has raised almost $600,000 dur- Elections Canada. two sexual assaults dating back in the 1993 incident, and breaking ing the first three months of his According to those now-dated two decades. and entering, sexual assault with a Liberal leadership campaign. reports, Trudeau had raised al- Police said evidence has linked weapon, robbery and threatening That includes $125,000 donat- most $95,000 when he registered the suspect to the alleged crimes death in the 1994 incident. ed by some 1,400 individuals in in mid-November, compared to that took place eight months apart, McGuire appeared in court Sun- just the last three days of 2011. $10,400 raised by Vancouver one in 1993 and the other in 1994. day and was remanded into cus- Campaign director Katie Tel- MP Joyce Murray, $2,700 by To- In one incident, police said a tody. His next hearing is scheduled ford boasts in an email to Trudeau ronto lawyer Deborah Coyne and 19-year-old woman was pulled un- for Jan.
    [Show full text]
  • Economic Consequences of Constitutional Uncertainty: Evidence
    SCOTLAND’s ECONOMIC FUTURE POST-2014 SUBMISSION FROM PROFESSOR AILSA HENDERSON, PROFESSOR OF POLITICAL SCIENCE, UNIVERSITY OF EDINBURGH Summary This paper relates primarily to economic reactions to the 1995 referendum on sovereignty partnership in Quebec. The following occurred in 1995: the performance of Quebec-based firms on Montreal and Toronto Stock Exchanges decreased, bond market ratings decreased, the cost of government borrowing increased, and exchange rates suffered. Inflation, however, did not move throughout the ‘period of uncertainty’, which was thought to be a reward for anti-inflation policies pursued by the Bank of Canada. Background Quebec is a province within Canada whose government has jurisdiction over education, health, welfare, municipalities and transportation. With a population of just over eight million, 78% of whom have French as their mother tongue, it has 125 members in its National Assembly. Since the late 1960s there have been two main political parties in Quebec, the independence-seeking Parti Québécois and the federalist Liberal Party of Quebec. At times smaller third parties have had sizeable representation in the legislature. The Parti Québécois was created in 1968 and won its first election as a majority government in 1976, during which it called a referendum on sovereignty association in 1980. It lost the referendum (60% No, 40% Yes) but was re-elected with a majority government in 1981. It was elected again in 1994 and called a referendum on sovereignty partnership in 1995. It lost the referendum (50.6% No, 49.4% Yes) but was re-elected with a majority government in 1998. The PQ formed a minority government in 2012, called an election for 2014 but lost to the Liberal party.
    [Show full text]
  • The Meaning of Canadian Federalism in Québec: Critical Reflections
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Revistes Catalanes amb Accés Obert The Meaning of Canadian federalisM in QuébeC: CriTiCal refleCTions guy laforest Professor of Political Science at the Laval University, Québec SUMMARY: 1. Introdution. – 2. Interpretive context. – 3. Contemporary trends and scholarship, critical reflections. – Conclusion. – Bibliography. – Abstract-Resum-Re- sumen. 1. Introduction As a teacher, in my instructions to students as they prepare their term papers, I often remind them that they should never abdicate their judgment to the authority of one single source. In the worst of circum- stances, it is much better to articulate one’s own ideas and convictions than to surrender to one single book or article. In the same spirit, I would urge readers not to rely solely on my pronouncements about the meaning of federalism in Québec. In truth, the title of this essay should include a question mark, and its content will illustrate, I hope, the richness and diversity of current Québec thinking on the subject. There are many ways as well to approach the topic at hand. The path I shall choose will reflect my academic identity: I am a political theorist and an intellectual historian, keenly interested about the relationship between philosophy and constitutional law in Canada, hidden in a political science department. As a reader of Gadamer and a former student of Charles Taylor, I shall start with some interpretive or herme- neutical precautions. Beyond the undeniable relevance of current re- flections about the theory of federalism in its most general aspects, the real question of this essay deals with the contemporary meaning of Canadian federalism in Québec.
    [Show full text]
  • Trudeau's Political Philosophy
    TRUDEAU'S POLITICAL PHILOSOPHY: ITS IMPLICATIONS FOR LIBERTY AND PROGRESS by John L. Hiemstra A thesis submitted in partial fulfillment of the requirements of the degree Master of Philosophy The Institute for Christian Studies Toronto, Ontario ACKNOWLEDGEMENTS I wish to thank Dr. Bernard Zylstra for his assistance as my thesis supervisor, and Citizens for Public Justice for the grant of a study leave to enable me to complete the writing of this thesis. TABLE OF CONTENTS PREFACE...................................................... 2 I. BASIC ASSUMPTIONS.................................... 6 A. THE PRIMACY OF THE INDIVIDUAL...................... 6 1. The Individual as Rational....................... 9 2. The Individual and Liberty....................... 11 3. The Individual and Equality...................... 13 B. ETHICS AS VALUE SELECTION.......................... 14 C. HISTORY AS PROGRESS.................................. 16 D. PHILOSOPHY AS AUTONOMOUS............................ 19 II. THE INDIVIDUAL AND THE STATE....................... 29 A. SOCIETY AND STATE.................................... 29 B. JUSTICE AS PROCEDURE................................. 31 C. DEFINING THE COMMON GOOD IN A PROCEDURAL JUSTICE STATE......................................... 35 1. Participation and Democracy....................... 36 2. Majority Mechanism.................................. 37 D. PRELIMINARY QUESTIONS................................ 39 III. THE DISEQUILIBRIUM OF NATIONALISM................. 45 A. THE STATEMENT OF THE PROBLEM......................
    [Show full text]
  • Centre Mondial Du Pluralisme
    GLOBAL CENTRE FOR PLURALISM | CENTRE MONDIAL DU PLURALISME 2008 Expert Roundtable on Canada’s Experience with Pluralism Canadian Multiculturalism: Historical and Political Contexts Karim H. Karim School of Journalism and Communication, Carleton University Ottawa, Canada Has multiculturalism worked in Canada? The answer to this question would depend on what one thinks are its goals and how one chooses to measure progress towards them. The varying meanings attached to words in the multiculturalism lexicon lead to expectations that are sometimes poles apart. Its terminology includes: pluralism, diversity, mosaic, melting pot, assimilation, integration, citizenship, national identity, core Canadian values, community, mainstream, majority, minority, ethnic, ethnocultural, race, racial, visible minority, immigrant, and diaspora. Those who believe that multiculturalism has succeeded point to the consistently high support for it in national surveys, the success stories of immigrants who ascend social, economic or political ladders, and the growing number of mixed marriages. For those on the other side, the relevant indicators seem to be high crime statistics among particular groups, the failure of some visible-minority groups to replicate the economic success of previous generations of immigrants, the apparent lack of integration into Canadian society, and the emigration of some recent arrivals from Canada. However, this paper takes the view that the scales are tipped in favour of multiculturalism’s success in Canada. The overall evidence for this is the comparatively low level of ethnic, racial or religious strife in this country compared to other western states such as the U.K., France, the Netherlands, Germany, Denmark, and the U.S.A. Large proportions of immigrants to Canada indicate that they are pleased to have come to this country rather than to any other western nation, even as they continue to face certain disadvantages (Adams, 2007).
    [Show full text]
  • The 1992 Charlottetown Accord & Referendum
    CANADA’S 1992 CHARLOTTETOWN CONSTITUTIONAL ACCORD: TESTING THE LIMITS OF ASYMMETRICAL FEDERALISM By Michael d. Behiels Department of History University of Ottawa Abstract.-Canada‘s 1992 Charlottetown Constitutional Accord represented a dramatic attempt to transform the Canadian federation which is based on formal symmetry, albeit with a limited recognition of some asymmetry, into an asymmetrical federal constitution recognizing Canada‘s three nations, French, British, and Aboriginal. Canadians were called up to embrace multinational federalism, one comprising both stateless and state-based nations exercising self-governance in a multilayered, highly asymmetrical federal system. This paper explores why a majority of Canadians, for a wide variety of very complex reasons, opted in the first-ever constitutional referendum in October 1992 to retain their existing federal system. This paper argues that the rejection of a formalized asymmetrical federation based on the theory of multinational federalism, while contributing to the severe political crisis that fueled the 1995 referendum on Quebec secession, marked the moment when Canadians finally became a fully sovereign people. Palacio de la Aljafería – Calle de los Diputados, s/n– 50004 ZARAGOZA Teléfono 976 28 97 15 - Fax 976 28 96 65 [email protected] INTRODUCTION The Charlottetown Consensus Report, rejected in a landmark constitutional referendum on 26 October 1992, entailed a profound clash between competing models of federalism: symmetrical versus asymmetrical, and bi-national versus multinational. (Cook, 1994, Appendix, 225-249) The Meech Lake Constitutional Accord, 1987-90, pitted two conceptions of a bi-national -- French-Canada and English Canada – federalism against one another. The established conception entailing a pan-Canadian French-English duality was challenged and overtaken by a territorial Quebec/Canada conception of duality.
    [Show full text]
  • Chapter Nine: Advisory Opinions and Constitutional Conventions
    COMPARATIVE CONSTITUTIONAL LAW (U.S./CANADA/AUSTRALIA), 2009 9-1 CHAPTER NINE: ADVISORY OPINIONS AND CONSTITUTIONAL CONVENTIONS KEY CONCEPTS FOR THE CHAPTER ● AMERICAN JUSTICES BELIEVE THAT THE POWER OF JUDICIAL REVIEW OF LEGISLATIVE ACTS IS BASED SOLELY ON THE JUDICIARY’S NECESSARY AND ESSENTIAL ROLE IN DECIDING LITIGATED “CASES OR CONTROVERSIES” ● AUSTRALIAN JUSTICES HAVE HELD THAT THE FACT THAT THE AUSTRALIAN CONSTITUTION CONFINES THE JURISDICTION OF THE HIGH COURT TO ‘MATTERS’ BARS ADVISORY OPINIONS. ● DRAWING ON 19TH CENTURY ENGLISH PRACTICE, CANADA ALLOWS REFERENCES TO THE SUPREME COURT OF CANADA ON “IMPORTANT QUESTIONS OF LAW OR FACT CONCERNING ANY MATTER” ● IN THE U.S., IT IS COMMONLY UNDERSTOOD THAT THE ONLY CONSTITUTIONAL LIMITS ON OFFICIAL BEHAVIOR ARE THOSE THAT WILL BE ENJOINED BY JUDGES; THE TRADITION OF THE BRITISH COMMONWEALTH OF “CONSTITUTIONAL CONVENTIONS” IS MORE EXPANSIVE, TO INCLUDE UNWRITTEN TRADITIONS THAT ARE WIDELY UNDERSTOOD AND ACCEPTED, BUT WHERE COURTS WILL NOT PROVIDE ANY LEGAL OR EQUITABLE RELIEF I. The Concept of an “Unconstitutional” Law or Government Act MARBURY v. MADISON SUPREME COURT OF THE UNITED STATES 5 U.S. 137; 2 L. Ed. 60; 1 Cranch 137 (1803 terms) [Ed. note: A bit of historic context may be helpful to the understanding of this landmark case. Although support for George Washington as the first American president was near-unanimous, two political parties quickly developed. One, under the leadership of Washington’s Vice President, John Adams, were often called the Federalists. The other, led by his Secretary of State, Thomas Jefferson, were called the Republicans. (Actually, the Jeffersonian faction morphed into “Democrat-Republicans” and then “Democrats” by the time of the election of Andrew Jackson in 1828, the latter day Republican party being created anew in the 1850s.) Adams defeated Jefferson in the election of 1796, but Jefferson won the re-match in 1800, sweeping in a majority of allies in Congress as well, thus setting up the first peaceful transition of power from one party to another in U.S.
    [Show full text]
  • Analyzing the Parallelism Between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement Daniel S
    Union College Union | Digital Works Honors Theses Student Work 6-2011 Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement Daniel S. Greene Union College - Schenectady, NY Follow this and additional works at: https://digitalworks.union.edu/theses Part of the Canadian History Commons, and the Sports Studies Commons Recommended Citation Greene, Daniel S., "Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement" (2011). Honors Theses. 988. https://digitalworks.union.edu/theses/988 This Open Access is brought to you for free and open access by the Student Work at Union | Digital Works. It has been accepted for inclusion in Honors Theses by an authorized administrator of Union | Digital Works. For more information, please contact [email protected]. Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement By Daniel Greene Senior Project Submitted in Partial Fulfillment of the Requirements for Graduation Department of History Union College June, 2011 i Greene, Daniel Analyzing the Parallelism between the Rise and Fall of Baseball in Quebec and the Quebec Secession Movement My Senior Project examines the parallelism between the movement to bring baseball to Quebec and the Quebec secession movement in Canada. Through my research I have found that both entities follow a very similar timeline with highs and lows coming around the same time in the same province; although, I have not found any direct linkage between the two. My analysis begins around 1837 and continues through present day, and by analyzing the histories of each movement demonstrates clearly that both movements followed a unique and similar timeline.
    [Show full text]
  • Freedom, Democracy, and Nationalism in the Political Thought of Pierre Elliott Trudeau: a Conversation with Canadians
    FREEDOM, DEMOCRACY, AND NATIONALISM IN THE POLITICAL THOUGHT OF PIERRE ELLIOTT TRUDEAU: A CONVERSATION WITH CANADIANS by SOMA ARRISON B.A., The University of Calgary, 1994 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in THE FACULTY OF GRADUATE STUDIES (Department of Political Science) We accept this thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA February 1996 © Sonia Arrison, 1996 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department The University of British Columbia Vancouver, Canada DE-6 (2/88) Abstract Pierre Elliott Trudeau's ideas on liberal democracy and political philosophy are relevant to Canadian life. He is a modern liberal democrat with a vision of the 'Good' society - what he terms the Just Society. The values of a Just Society are numerous, but perhaps, the most important are freedom, equality, and tolerance. These values are core to his theory and are often revealed in his battle against nationalism. Trudeau is radically opposed to notions of ethnic nationalism, such as French Canadian and Aboriginal nationalism, but he supports a type of civic nationalism within a federal, pluralistic system.
    [Show full text]
  • Inclusion Society = Just Society
    Inclusive Society = Just Society 1 Inclusive Society = Just Society Hello, I would like to thank my colleague, Ms. Elizabeth Sumbu and her staff at CANSA and members of the planning committee, for the invitation to be with you this evening to help you celebrate your theme “Specialized Excellence, a required quality service in Nova Scotia”. I am privileged to have worked in Cumberland County for 9 years and during that time to have had an affiliation with CANSA. Though it is not without some controversy, I have been pleased to see its mandate expand from an organization focused almost exclusively on the interests and concerns of ANS’s, to include specialization in the delivery of employment and other services to youth and persons with disabilities (PWD) and now generalized services to all persons of Cumberland County. As I looked over the list of the ten member organizations of the Collaborative Partnership Network Agencies, I can imagine that each of you have had similar organizational histories. Some I can imagine were formal agencies that took on the role of serving PWD; others were small community support agencies for PWD that grew to take on the role of providing specialized employment services to PWD. Whatever your origins, I would like to welcome and congratulate you. As is the role of the supper speaker I hope to inspire and encourage you in your work. So I’ve crafted a message for you that I’ve entitled “Inclusive Society = Just Society.” Perhaps because of the times in which I was born as much as to my personal ideologies, I consider myself to have been a Trudeau Liberal.
    [Show full text]
  • Politics and the Reference Power
    Draft for discussion – not for citation Politics and the Reference Power Grant Huscroft Faculty of Law The University of Western Ontario Unlike the highest courts in United States, the UK, Australia, and New Zealand, the Supreme Court of Canada performs an advisory role: it answers reference questions posed by the federal and provincial governments.1 Indeed, some of the Court’s most significant contributions to constitutional law have been made in the context of reference cases. The federal nature of the country was shaped through a series of reference cases in the 19th and 20th centuries;2 the 1982 constitutional reforms that among other things established the amending formula and entrenched the Charter of Rights and Freedoms were heavily influenced by the Patriation Reference;3 and the future of the Canadian constitutional order itself was addressed by the Court in the Secession Reference.4 Proponents of the reference power are likely to endorse it for reasons having nothing to do with the Court’s legal acumen. Its decisions the Patriation Reference and the Secession Reference are celebrated in many quarters as acts of great wisdom and statescraft. The Court is often complimented for the political judgment it exercises in the context of the reference power.5 Prepared for “The Judicialization of Politics and the Politicization of the Judiciary in Comparative Perspective”, Congress of the Humanities and Social Sciences, June 1, 2010. Comments welcome: <[email protected]> 1 The federal government can refer matters to the Court directly; references from provincial governments begin in provincial courts of appeal and are heard by the Supreme Court as appeals of right pursuant to s.
    [Show full text]
  • The Liberal Third Option
    The Liberal Third Option: A Study of Policy Development A Thesis Submitted to the Faculty of Graduate Studies and Research in Partial Fuliiment of the Requirements for the Degree of Master of Arts in Political Science University of Regina by Guy Marsden Regina, Saskatchewan September, 1997 Copyright 1997: G. W. Marsden 395 Wellington Street 395, rue Wellington Ottawa ON KI A ON4 Ottawa ON KIA ON4 Canada Canada Your hie Votre rdtérence Our ME Notre référence The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distibute or sell reproduire, prêter, distribuer ou copies of this thesis in microform, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/nlm, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substanîial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. This study presents an analysis of the nationalist econornic policies enacted by the federal Liberal government during the 1970s and early 1980s. The Canada Development Corporation(CDC), the Foreign Investment Review Agency(FIRA), Petro- Canada(PetroCan) and the National Energy Prograrn(NEP), coliectively referred to as "The Third Option," aimed to reduce Canada's dependency on the United States.
    [Show full text]