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La Reforme De La Constitution winding its way through the system. This case LA REFORME DE LA CONSTITUTION has now been overtaken by the federal AU CANADA government's reference on Quebec secession.4 The outcome of these cases at by Andrd Tremblay various levels of the judiciary will have (Montr6al: Les Editions Thdmis, 1995) significant and, as yet, incalculable impacts on Canadian constitutional discourse. Reviewed by Gregory Tardi* It is into this environment that Andre Tremblay's book, entitled La Reforme de la Despite the apparent aversion of a Constitution au Canada,5 was published significant portion of Canada's political class recently. Andr6 Tremblay's credentials as and of its electorate to currently dealing with both an academic and an advisor to constitutional issues,' the constitutional governments on constitutional matters are debate is not only alive in this country, but well-established. He has been a professor at thriving. the Universit6 de Montreal for a number of years and has already published on the topic6 This polemic is fuelled first by necessity: of the Constitution. the state of Canada's constitutional evolution is such that the most fundamental questions La Rrforme de la Constitution au Canada about the country's public life have not been is an extremely useful and timely scholarly resolved, and there is reason to question work. A brief introduction orients the reader whether they may ever be. The debate is also through the fundamental factors at work and driven by timing: we now seem to be in an explains the difficulties of constitutional intermission. On the one hand, the reform inherent to today's Canadian situation. referendum of October 30, 1995 has been The main body of the book deals with the held, and as a result of the deadlock it constitutional reforms process, sets out produced,2 there is an expectation that Quebec's position on the constitution and her another one will be held in the not too distant demands for constitutional reforms, then future. On the other hand, the milestone of covers the federal projects for renewal of the the fifteen-year review of the amending country's constitutional framework. The formula adopted as part of the constitutional analytical text is accompanied by an review of 1982, originally scheduled to be extensive collection of constitutional convened no later than April 17, 1997, was documents, as well as the lists of cases and looming on the horizon, although the federal statutes which are usual in such tomes. government now claims that its obligation in Readers should bear in mind that this is not a this regard has been discharged. Equally book on constitutional law or politics in importantly, public attention is drawn back to general, but specifically on constitutional constitutional matters by litigation. In reform. This distinction not only colours the particular, the action started in the Quebec content of the book but also increases its Superior Court by Guy Bertrand3 and specialized interest. involving every government in Canada, is It is probable that Professor Tremblay intended this book at least in part to be a The views expressed are exclusively those of university textbook. This is not an easy read: the reviewer. the text demands the extreme attention of the I P. Authier & P. Wells, "C-word drives Bouchard from meeting table" The [Montreal] Gazette (22 June 1996). 2 The results were 50.6% for the Yes and 49.4% 4 Reference Re Certain Questions Related to the for the No on a question that was generally Secession of Quebec, Case No. 25506, interpreted as eventually leading to the Supreme Court of Canada. separation of Quebec. (Montreal: Les Editions Thdmis, 1995). 3 Bertrand v. Quebec (A.G.) (1996), 138 D.L.R. 6 Droit Constitutionnel: Principes (Montreal, (4th) 481 (Que. S.C.). Les E-ditions Thdmis, 1993). 1997 Revue d'itudes constitutionnelles 168 Gregory Tardi reader as the lines of evolution in Canadian C'est le Qudbec qui fut le principal constitutional life are meticulously developed instigateur du mouvement de rdforme. and related to each other. Beyond such a ... Depuis la fin de la deuxieme guerre notice to the students who will no doubt pore mondiale, le Qudbec a remis en over this book for years to come, members of question l'organisation de la f&lration a much broader potential audience should canadienne et son fonctionnement ... note the merits of this work. This is by no Depuis lors, le nationalisme qu6becois means a mere recital of constitutional n'a cessd d'dvoluer et de faire resortir projects over the past several decades. un aspect incontestable: le Qudbec Through the wealth of facts, arguments, d6sire pour sa legislature, celle qu'il positions, and proposals that are set out in contrOle, plus de pouvoir afin d'avoir this book, the author accurately portrays the la maitrise de son d6veloppement salient features and the grave difficulties of 6conomique, social et culturel. the permanent search for national consensus7 through constitutionalism, in a country This assertion is in no way intended to encompassing fundamentally divergent minimize the gravity of other influences on conceptions of its origins, of the relative our constitutional deliberations. Both the weight in the body politic of its component regional alienation of the western provinces elements, and of its socio-political destiny. and the desire of the First Nations for greater autonomy are prominently mentioned. The In Tremblay's perspective, the central institutional reforms put forward by Ottawa theme of constitutional reform in Canada is itself are extensively examined. Tremblay the role of Quebec in the Canadian context establishes, however, that the stresses arising and the way that role is expressed is through from Quebec's relations with Canada have the relationship between Quebec and the involved greater stakes than other intra- federal level of government. The analysis Canadian conflicts. Consequently, many more the fundamental based on this perspective is not ideological or ideas and schemes for tendentious, but rather an objective and reform of the federation have percolated from realistic one. that situation than from the others. A measured evaluation of the events of the last While there is some reference to three and a half decades prove him right. historical evolution, the book concentrates on of the period since the initiation by Quebec of The even more significant finding the Quiet Revolution.8 The greatest attention Tremblay's work is that despite the multitude is, rightly, focused on the patriation of 1982, of suggestions and plans for reform, the aspirations of Quebec for renewal of Canada on the Meech proposals of 1987-1990, and 0 on the Charlottetown attempt at reform in in a way suitable to it have never been met: 1991-92. Le pr6sent chapitre fait ressortir que la plupart, sinon la totalit6, des nomb- The first key to understanding reuses revendications formuldes par les Tremblay's view of Canada and its governements qudbecois n'ont eu Constitution is that he sees Quebec as the aucune suite et sont restes lettre force driving the constitutional reform morte. Le nombre meme de ces rev- agenda: 9 endications a sans doute eu un effet d6terminant sur leur sort; leur multiplicit6 et leur diversit6 n'ont gure favoris6 la discussion et 7 The qualifier "national" is used here inits I'acceptation par les partenaires English sense, as pertaining to the overall political unit, Canada. 8 That is, post-1960. 10 Tremblay, supra note 4 at 106. 9 Tremblay, supra note 4 at 7. Vol. IV, No. 1 Review of ConstitutionalStudies Review of La Reforme de la Constitution -- F canadiens. De plus, elles reposaient sur economic modernization in the 1960s into des conceptions du ftdtralisme the quasi-homogeneous North American canadien qui n'dtaient pas partagtes environment. par les autres gouvemements. o Quebec wants a realignment of the division This sombre view is reinforced by of powers among levels of government so Tremblay's recounting of the fact that in the that she can achieve not only greater control of her internal affairs last fifty years, only two constitutional than she has previously had, but also so that, at least in conferences, namely those of 1981" and some cases, she can achieve greater control 1983"2 resulted in constitutional amendments. of her economic and social development In neither case was Quebec part of the than some of the other provinces wish for consensus. 13 themselves. Quebec's position as the force driving " Quebec is set on insuring for herself a veto the agenda and her situation as the so-far regarding Canada's constitutional unrequited partner and/or participant in initiatives. This is her view of her own role Confederation lead the reader to the question as a full and equal participant in the Canadian framework. of substance. How are we to characterize the aspirations which Quebec has reiterated since These demands reflect the traditional the beginning of the Quiet Revolution? In the dichotomy in Canadian constitutional think- light of recent history, but particularly after ing between proponents of the equality of all having read Tremblay's work, the usual form provinces and those, mostly in Quebec, who of the question, namely "What does Quebec espouse the doctrine of two founding nations. want?" seems simplistic to the point of being In Orwellian terms, the Quebec view can be banal. A more appropriate formulation would summarized as being that for some purposes, be "What vision of its constitutional future all provinces are equal, but for other has Quebec evolved?" Indeed, an expanded purposes, one province, namely Quebec, is version of this fundamental question may be more equal than others. "What vision of its constitutional future, in or with Canada, does Quebec hold?" Tremblay traces the evolution of these aspirations, which have now become trad- Notwithstanding the divergent political itional, throughout the period that is the coloration of the various governments of subject of the book's scrutiny.
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