‘Just Watch Me’: Pierre Trudeau and the Canadian Constitution

Keyword(s):  
1993 ◽  
Vol 28 (4) ◽  
pp. 463-478
Author(s):  
George Feaver

‘IF THE STATE DID NOT EXIST, WE WOULD HAVE TO INVENT IT. Comment.’ Few of the responses to this examination question qualified its suggestion that the state might be amenable to instantaneous contrivance or conscious design. The oversight on the part of my undergraduate charges pointed to the still potent legacy of a generation of Canadian political artificers whose projects of inventing the Canadian state had abetted the rise of a species of ‘constitutional politics’ given to the ever more elaborate concoction of comprehensive solutions to Canada's vexing constitutional shortcomings. These projects tended to politicize historically embedded elements in the constitutional order, serviceable if imperfect, which had been conventionally regarded as resistant beyond redemption to improved reformulation. This new-style politics was at centre stage in the long and eventful prime ministerial years of the Liberal Party's Pierre Trudeau, the great Cartesian inventor par excellence of the contemporary Canadian state. It would remain a central feature of the nine-year incumbency of Trudeau's Conservative Party successor, Brian Mulroney. Trudeau's vision of a reinvented Canada had proceeded from his background preparation for public life as an academic constitutional lawyer. Mulroney, aiming to finesse what the more cerebral Trudeau could not, would bring to bear on the affairs of the Canadian state the skills of a labour lawyer with the know-how to get Canada's perennially fractious provinces and interest groups to the political bargaining table, there to resolve once and for all any constitutional differences still outstanding.


1990 ◽  
Vol 16 (2) ◽  
pp. 221
Author(s):  
James C. Simeon ◽  
Donald Johnston
Keyword(s):  

1969 ◽  
Vol 1 (1) ◽  
Author(s):  
Adam D. McDonald

The Constitution Act, 1982 is a document that profoundly changed the Canadian political landscape. It brought home the highest law of the land; it provided Canadians a mechanism to change their Constitution; it created a Charter of Rights and Freedoms, entrenched within the Constitution, out of the reach of one government. Perhaps its most important legacies, however, are the seemingly permanent isolation of Quebec and the primacy of place in Canadian history it gave Pierre Trudeau. This paper will examine the constitutional history of Canada with a view to determining what made the 1980 negotiating sessions successful when the sessions that led to both the Meech Lake Accord and the Charlottetown Accord were not. It is important, however, to note that the word “successful” is used in the sense that an agreement was reached. Unlike Meech and Charlottetown, the repatriated constitution did not have unanimity among the participants. The question that comes to mind is this: if the governments did not really agree in 1981, why was a Constitution ratified? More importantly, are there lessons that can be drawn from this agreement that can be applied to the failed accords of the Mulroney era?


1999 ◽  
Vol 6 (1-2) ◽  
pp. 65-95 ◽  
Author(s):  

AbstractThis article begins by examining two different perspectives on the accommodation of Quebec and the French fact in Canada. The first, exemplified by Canadian Prime Minister Pierre Trudeau, emphasised equality of the French and English languages across Canada. The second approach, adopted by Trudeau's contemporary René Lévesque, Prime Minister of Quebec, focused on the province of Quebec, and the state of the French language there. The second part of the article recounts the history of Quebec in Canada, emphasising throughout the varied range of legal and political accommodation that has occurred over the years. This section concludes with a brief description of the constitutional falling out between Quebec and Canada which has occurred over the past twenty or so years. The article concludes with a detailed analysis of the recent Supreme Court of Canada decision in Reference re Secession of Quebec. This case is especially important for the way in which it mixes cons iderations of international law and domestic constitutional law. The author concludes by asserting that the survival and strength of the French fact in Canada is dependent upon a strong Quebec; and that a strong Quebec must show corresponding respect and recognition for its own minorities: aboriginal, anglophone and other.


2019 ◽  
Vol 58 (3) ◽  
pp. 565-597
Author(s):  
Joel Hebert

AbstractThis article considers the political activism of Canada's Indigenous peoples as a corrective to the prevailing narrative of British decolonization. For several decades, historians have described the end of empire as a series of linear political transitions from colony to nation-state, all ending in the late 1960s. But for many colonized peoples, the path to sovereignty was much less straightforward, especially in contexts where the goal of a discrete nation-state was unattainable. Canada's Indigenous peoples were one such group. In 1980, in the face of separatism in Quebec, Prime Minister Pierre Trudeau pledged to renew the Canadian Confederation by bringing home the constitution, which was still retained by the British Parliament. But many Indigenous leaders feared that this final separation of powers would extinguish their historic bilateral treaties with the British crown, including the Royal Proclamation of 1763 that guaranteed Indigenous sovereignty in a trust relationship with Britain. Indigenous activists thus organized lobbying campaigns at Westminster to oppose Trudeau's act of so-called patriation. This article follows the Constitution Express, a campaign organized by the Union of British Columbia Indian Chiefs in 1981. Maneuvering around the nuances of British political and cultural difference, activists on the Constitution Express articulated and exercised their own vision of decolonization, pursuing continued ties to Britain as their best hope for securing Indigenous sovereignty in a federal Canada.


Author(s):  
J.L. Granatstein ◽  
Robert Bothwell

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