INDEX — A — consultant to the Interim Commissioner of Nunavut, 462 Abolition of the death penalty, 94, 95 consultant to the Royal Commission approach of the new Solicitor on Aboriginal Peoples, 461 General, 94 opposition to the federal measure central point (spirit of vengeance First Nations’ representatives in rather than justice), 95 London, 284, 285 Criminal Code amendment instituting Pepin-Robarts Commission, 169 a partial trial ban, 94 Accord of April 1981, 286 to 288, 295, issues at stake, 95 301 meeting with opponents, 95 – See also Patriation, Charter and minister’s speech to the House of amending formula Commons, 95 Accord of April 1987 narrow majority, 95 – See Meech Lake Accord Pierre Trudeau’s speech, 95 Accord of June 23, 1987 public debate, 95 – See Meech Lake Accord replacing the sentence for murder, 95 studies on violent crime and murder Accord of November 5, 1981 statistics in Canada and other – See Patriation, Charter and amending countries, 94 formula think-piece on capital punishment, 94 Adhesion clause (opting in) Aboriginal Peoples – See Patriation, Charter and amending aboriginal rights, 259 to 267 formula issues raised after the Accord of Advanced diploma in law (DESD), 35 November 5, 1981, 322, 323 Agence de presse libre du Québec scope of aboriginal rights in the (APLQ) affair Constitution Act, 1982 (s. 35), – See Royal Canadian Mounted Police 331, 332 (RCMP) agreement between the First Nations and Manitoba Hydro, 383, 384 Allaire (Jean) ~ and criminal justice, 134, 135 – See Allaire Committee Beaudoin-Dobbie Committee, 444 Allaire Committee, 432 489 A LIFE IN THE LAW – THE CONSTITUTION AND MUCH MORE Allmand (Warren), 90 to 92, 94, 95, 97, Bennett (William), 186, 291, 299 to 301 101, 103, 111, 123, 124, 126, 132, 265, Biculturalism, 30 379 Blakeney (Allan), 185, 300 Amending formula – See Patriation, Charter and amending Bourassa (Robert), 162, 163, 262, 375, formula 387, 390, 394, 396, 397, 403, 406, 413, 417, 422, 424, 426 to 429, 449, 450 Amendment to the Constitution – See also Charlottetown Accord, Meech – See Charlottetown Accord, Meech Lake Accord Lake Accord, Patriation, Charter and amending formula Broadbend (Ed) Annual Conference of the Association – See Patriation, Charter and amending of Ontario Provincial Court Judges formula (Criminal Division), 336 to 340 Buchanan (John), 186, 301 Association des parents-maîtres du Parc de la Montagne (Hull) — C — – See Living in the Catholic Church Canada Act, 247, 324 — B — Canada Business Corporations Act, 61, 62 Bankruptcy adoption, 62 – See Offi ce of Bankruptcy, Reform of Dickerson Report, 61 the Bankruptcy Act consultations, 62 Bankruptcy trustee interministerial committee, 61 – See Offi ce of Bankruptcy, Reform of reform, 61 the Bankruptcy Act Canada clause (Preamble), 313, 317, Basford (Ron), 57, 59, 63 to 65, 145, 400, 412 to 415, 419, 425, 426, 431, 444, 146, 148, 149 450, 451, 457 Beaudoin-Dobbie Committee, 443 to 446 – See also Charlottetown Accord, Meech chief constitutional adviser, 443 Lake Accord, Patriation, Charter and amending formula public hearings, 443 report and recommendations, 444 to Canada Cooperative Associations Act, 446 61 setting up, 443 Canada round Bélanger-Campeau Commission, 433, – See Charlottetown Accord 438 Canadian Bar Association Bell Canada – See Meeting of the Council of Executive Vice President (Regulation the Canadian Bar Association and Environmental Affairs), 433 (Charlottetown) 490 INDEX Canadian Committee on Reform of federal-provincial negotiations Criminal Justice and Corrections leading to the Accord, 449, 450 – See Ouimet Committee Canada round, 449 Canadian Consultative Council on informal negotiations meetings, 450 Aboriginal Peoples and the Criminal Justice System, 135 major differences, 450 October 26, 1992 referendum on Canadian Declaration of Rights (1960), the Charlottetown proposals, 68, 192, 205 450 Canadian duality clause, 391, 394, 399, Quebec’s refusal to participate, 405, 408, 416, 425 449 Canadian Human Rights Commission, Robert Bourassa signing the 74 Accord, 450 grievances against Prime Minister Canadian Judicial Council, 71, 74 Mulroney, 457 Canadian Penitentiary Service important elements, 451 to 455 – See Ministry of the Solicitor General opponents, 456, 457 positive elements, 458 Canadian Security Intelligence Agency, 133 referendums, 456 to 458 Catholic Church Charter of Rights – See Living in the Catholic Church – See also Patriation, Charter and amending formula Cegep (college) of the Outaouais changes proposed by Jean Chrétien to vice-president, 42 the Joint Committee (January 12, 1981), 254 to 261 Central policy coordinating committee, 86 admissibility of evidence obtained through a violation of the Centre for planning and research in Charter, 259 the area of security, 89 counter-proposal to the amending Charest (Jean) procedure, 260, 261 – See Charest Committee enforcement of rights and freedoms, 259 Charest Committee, 402, 407 to 410 equality rights, 256, 257 Charlottetown Accord, 449, 450, 451 language rights, 257, 258 to 458 multiculturalism, 258, 259 attack of Pierre Trudeau and newly-worded fi rst section of the response of Gordon Robertson, Charter, 254, 255 456, 457 protection against arbitrary failure, 458 detention and imprisonment, causes, 466 256 491 A LIFE IN THE LAW – THE CONSTITUTION AND MUCH MORE protection against unreasonable Chateau consensus, 240 to 242, 286 search and seizure, 255 – See also Patriation, Charter and rights of the Aboriginal Peoples of amending formula Canada, 259, 260 Childhood conformity of the federal legislation, 374 – See Early years implementation, 325 to 327 Chrétien (Jean), 36, 181, 182, 185 to challenge, 346 to 350 187, 189, 195, 197, 201, 211, 214, 230, in force, 329 233, 235 to 237, 252 to 255, 261, 263, popularity of an entrenched Charter, 264, 270, 272, 285, 287, 289, 290, 300, 267 301, 306 to 310, 321, 322, 326, 329, protection with respect to search and 346, 350, 351, 353, 355, 356, 363, 372, seizure (s. 8 of the Charter), 244, 381 to 383, 389, 391, 404, 412, 438, 255 459, 466 Hunter v. Southam Inc. decision, – See also Charlottetown Accord, 353 Department of Justice, Meech Lake referendum (Canada-Quebec Accord, Patriation, Charter and agreement), 304 to 306 amending formula revised Charter at the Ministerial Citizen’s Forum on the Future of meeting in Toronto (August Canada, 435 to 442 11 and 12, 1980), 202 to 206 ~ and media, 442 enforcement of violated rights, big question, 441 204, 205 chairmanship, 437 legal guarantees, 203 challenges and general orientation, “notwithstanding” clause, 205 436 offi cial languages, 205, 206 creation, 437 property rights, 204 letter to Prime Minister Mulroney, restriction to rights, 202, 203 435, 436 rights to non-discrimination, 203, 204 media interview (February 1991), 438, 439 right to manage schools (s. 23 of the Charter), 350 to 352 meetings involving people, 437 situation at the end of summer 1980, members, 437 219 to 225 objectives, 437 to 439 proposals of an offi cials’ sub- platform for citizens, 439 to 442 committee, 222 to 225 recriminations directed at politicians Charter of the French language and the media, 439 “notwithstanding” provision, 294 report and recommendations, 441, obligation to use French exclusively 442 in commercial advertising and tensions between members and the public signage, 391, 392 chairman, 437 492 INDEX Clark (Joe), 100, 177 to 179, 183, 268, Consultations with Canadians, 447, 288, 443, 449 448 – See also Patriation, Charter and constitutional proposals, 447 amending formula group of University of Ottawa professors, 447 Collection of statistical data Network on the Constitution and the federal-provincial collaboration, 107 Information Bulletin, 448 to 110 public consultations in provinces Competition offi cer, 27 (committees or working groups), 447 Constitution Correctional Investigator, 103 – See Charlottetown Accord, Meech Lake Accord, Patriation, Charter and Corrections reform, 104 to 106 amending formula Bill C-51 (1977), 105 Constitutional Acts continuity in the reform process, 106 – See Patriation, Charter and amending MacGuigan Report, 105 formula new framework law for corrections, 106 Constitutional impasse questions discussed in reports, 104 – See also Charlottetown Accord, Meech reports and judicial decisions, 104, Lake Accord, Patriation, Charter and 105 amending formula visits of penitentiaries, 104 to fi nd a way out, 409, 410, 459, 460, Cottage 465 to 476 – See Early years division of powers, 469 to 473 going beyond appearances to Council of the Federation reality, 465 to 468 Pepin-Robarts Commission, 170 main themes of constitutional Criminal Code changes, 468 to 476 complete overhaul (Archambault political initiatives, 466 to 468 Report), 71 reform of the Senate and the Criminal Law Amendment Act (1985), Supreme Court, 474 to 476 371 Omnibus Bill amending the Criminal Constitutional negotiations Code (1969), 69 – See Charlottetown Accord, Meech obscenity, 359 Lake Accord, Patriation, Charter and pornography and prostitution, 360, amending formula 361 Constitutional reform reform of the criminal law, 340 to 346 – See Charlottetown Accord, Meech sentencing, 361 to 363 Lake Accord, Patriation, Charter and submission proposing changes, 177, amending formula 178 493 A LIFE IN THE LAW – THE CONSTITUTION AND MUCH MORE Criminal Justice System Department of Justice – See also Corrections reform, Ministry – See also Patriation, Charter and of the Solicitor General, Reform of the amending formula criminal law changing the role of the Department, fragmentation,