Reimagining Canada


Book Description

Webber begins by showing how different conceptions of culture, language, and nation shaped Canada's constitutional negotiations from 1960 until the referendum of 1992. He then calls for a reconception of the terms of the debate, claiming that the terms now used, often borrowed from quite different societies, have made resolution of the constitutional issues more difficult. He rejects the language of nation and nationalism, and the tendency towards exclusiveness implicit in that language, arguing for a Canadian community founded not on a rigid set of "shared values" but on shared debates and shared engagements through time. Recognizing that Canadians belong simultaneously to the larger community and to other more local communities each generating its own sense of allegiance Webber describes how their relationships are shaped by institutional, linguistic, and cultural factors and notes that these multiple influences produce an asymmetrical structure. He maintains that this structure should be reflected in an assymetrical constitution, and can be accommodated without undermining individual rights. Webber offers both an overview of the constitutional negotiations and a set of reflections on the appropriate relationship between culture, language, and political community in Canada. These reflections, while rooted in the Canadian context, hold lessons for other pluralistic federations, or for nations confronting similar issues of cultural accommodation.




Reconciling Truths


Book Description

Hundreds of commissions of inquiry have been struck in Canada since before Confederation, but many of their recommendations have never been implemented. Reconciling Truths explores the role and implications of commissions such as Canada’s Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls, and particularly their limits and possibilities in an era of reconciliation with Indigenous peoples. Whether it is a public inquiry, truth commission, or royal commission, the chosen leadership and processes fundamentally affect its ability to achieve its mandate. Kim Stanton provides examples and in-depth critical analysis of these factors to offer practical guidance on how to improve the odds that recommendations will be implemented. As a forthright examination of the institutional design of public inquiries, Reconciling Truths affirms their potential to create a dialogue about issues of public importance that can prepare the way for policy development and shifts the dominant Canadian narrative over time.




The Right Relationship


Book Description

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century.




Constitutional Amendment in Canada


Book Description

In Canada, the 1982 Constitution Act contains the amending formula, which outlines a set of procedures required to make changes to the constitution. Recent debates over Senate reform, the status of the Supreme Court of Canada, and the rules governing royal succession have highlighted how important the amending formula is in maintaining the vitality and relevance of the governing system. Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada. Emmett Macfarlane has brought together a group of expert authors to address such topics as the difficulties of constitutional reform, the intersection of various levels of government and the judiciary, and the ability of the public to veto proposed changes. Filling a serious gap in the literature, Constitutional Amendment in Canada is an authoritative study of the historical and contemporary implications of the amending formula.




Beyond the Impasse


Book Description

Efforts to reform the Canadian constitution have only resulted in a serious impasse fostered by demands for change from Quebec and reticence from English Canada. This book looks at the potential for achieving reconciliation through a new partnership between Quebec and Canada in a series of papers that examine the stakes for both Canada and Quebec in opting for a modified relationship that is neither the status quo nor complete separation. Two papers in part 1 lay the conceptual groundwork concerning the constituent elements of partnership. Papers in part 2 deal with the economic union in the context of a renewed partnership. Four papers in part 3 examine issues concerning rights, recognition, and citizenship in a Quebec-Canada partnership. Part 5 broadens the discussion to the international arena and includes a comparative international scan of partnership models. The final part distils the two editors' separate conclusions on how to move beyond the impasse based on the studies presented.




Becoming Kin


Book Description

We find our way forward by going back. The invented history of the Western world is crumbling fast, Anishinaabe writer Patty Krawec says, but we can still honor the bonds between us. Settlers dominated and divided, but Indigenous peoples won't just send them all "home." Weaving her own story with the story of her ancestors and with the broader themes of creation, replacement, and disappearance, Krawec helps readers see settler colonialism through the eyes of an Indigenous writer. Settler colonialism tried to force us into one particular way of living, but the old ways of kinship can help us imagine a different future. Krawec asks, What would it look like to remember that we are all related? How might we become better relatives to the land, to one another, and to Indigenous movements for solidarity? Braiding together historical, scientific, and cultural analysis, Indigenous ways of knowing, and the vivid threads of communal memory, Krawec crafts a stunning, forceful call to "unforget" our history. This remarkable sojourn through Native and settler history, myth, identity, and spirituality helps us retrace our steps and pick up what was lost along the way: chances to honor rather than violate treaties, to see the land as a relative rather than a resource, and to unravel the history we have been taught.




The Oxford Handbook of the Canadian Constitution


Book Description

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.




Canada in the World


Book Description

In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.




The Gatherings


Book Description

In a world that requires knowledge and wisdom to address developing crises around us, The Gatherings shows how Indigenous and non-Indigenous peoples can come together to create meaningful and lasting relationships. Thirty years ago, in Wabanaki territory – a region encompassing the state of Maine and the Canadian Maritimes – a group of Indigenous and non-Indigenous individuals came together to explore some of the most pressing questions at the heart of Truth and Healing efforts in the United States and Canada. Meeting over several years in long-weekend gatherings, in a Wabanaki-led traditional Council format, assumptions were challenged, perspectives upended, and stereotypes shattered. Alliances and friendships were formed that endure to this day. The Gatherings tells the moving story of these meetings in the words of both Indigenous and non-Indigenous participants. Reuniting to reflect on how their lives were changed by their experiences and how they continue to be impacted by them, the participants share the valuable lessons they learned. The many voices represented in The Gatherings offer insights and strategies that can inform change at the individual, group, and systems levels. These voices affirm that authentic relationships between Indigenous and non-Indigenous peoples – with their attendant anxieties, guilt, anger, embarrassments, and, with time, even laughter and mutual affection – are key to our shared futures here in North America. Now, more than ever, it is critical that we come together to reimagine Indigenous-settler relations. Mawopiyane: Gwen Bear Shirley Bowen Alma H. Brooks gkisedtanamoogk JoAnn Hughes Debbie Leighton Barb Martin Miigam’agan T. Dana Mitchell Wayne A. Newell Betty Peterson Marilyn Keyes Roper Wesley Rothermel Afterword by Dr. Frances Hancock To reflect the collaborative nature of this project, the word Mawopiyane is used to describe the full group of co-authors. Mawopiyane, in Passamaquoddy, literally means "let us sit together," but the deeper meaning is of a group coming together, as in the longhouse, to struggle with a sensitive or divisive issue – but one with a very desirable outcome. It is a healing word and one that is recognizable in all Wabanaki languages.




Constitutionalising Secession


Book Description

Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.