Lexis Nexis A Living Tree: The Legacy of 1982 in Canada's Political Evolution
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Product description
Clarifying a Quarter Century of the Canadian Constitution
Butterworths A Living Tree: The Legacy of 1982 in Canada's Political Evolution is a comprehensive analysis of the constitutional law and politics surrounding the Constitution Act, 1982. It traces the history of the negotiations, the current ramifications of the more controversial issues surrounding the Charter of Rights and Freedoms and the future of Canadian constitutional issues. This publication offers a compelling analysis of a quarter century of true self governance in this nation.
Authors Ian Peach, Graeme Mitchell, David Smith and John Whyte are a group of vastly experienced and highly recognized law and political science scholars. In the wake of the Saskatchewan Institute of Public Policy conference that chronicled 25 years of Canadian constitutional issues, many of the speakers have prepared essays for this publication. The result is an unparalleled resource that will provide a definitive framework for understanding issues of a constitutional nature for years to come.
Features and Benefits
This unique text offers clarification of the key issues that have arisen from the most important piece of legislation in Canadian history by providing the reader with:
- Expert analysis - the nation's foremost legal experts, historians and political scientists offer up deeply analytical essays on a wide range of topics
- Table of Cases - referencing the major decisions in which the more controversial sections of the Act have been challenged
Tackling the Key Issues
A Living Tree is compiled thematically, flowing through the historical context, the current climate and the potential ramifications for the future of the Constitution Act, 1982. This collection of essays provides the reader with an understanding of:
- The role of the judiciary in Canadian politics and how it has evolved since the introduction of the Act
- How the Act has had a profound impact on Aboriginal rights, making it an integral part of political discourse
- How the Act has raised difficult questions about religion, multiculturalism and equality
- The federalism dimensions of the Act, both in terms of regional issues like the equalization provisions, and the larger national unity questions that have spurred extensive debate about the use of the amending formula
- The dynamics the 1982 amendments have had on Canadian law and politics and how they might continue to affect our polity in the future
An Indispensable Guide For
- Law professors and students who require analysis beyond the black letter on the case law surrounding the Charter and Aboriginal rights
- Political Science professors and students who seek insight on how the constitution and those who interpret the constitution participate in democratic politics
- Public administration professors and students who need to understand the role that judicial institutions play in the administration of law and public policy
- Officials in federal, provincial, territorial governments, First Nations and Metis organizations who seek critical commentary on the issues that they confront and an understanding of the continuing effect of the Constitutional Act, 1982 in our intergovernmental relations
Table of contents
Prof. Samuel LaSelva - To Begin the World Anew: Pierre Trudeau's Dream and George Grant's Canada
Dr. Penny Bryden - The Constitutional Dialogue between Provincial and Federal Governments: Ontario Opens the Conversation
Dr. Howard Leeson - The Sources of Constitutional Change In Federal States: Saskatchewan, a Case Study
Mr. Donald Dennison - Two Steps Forward, One Step Sideways
Ms. Marilou McPhedran - A Truer Story of Constitutional Trialogue
Mr. J.P. Lewis - The Reaction from the Right: The Conservative Movement and the Constitution Act, 1982
Prof. Larry Savage - Disorganized Labour: Canadian Unions and the Constitution Act
Ms. Marian McGrath - The Impact of the Charter on Accountability for National Security
Prof. Barbara Billingsley and Prof. Peter Carver - Evolution in the Law of Sections 7 and 15 of the Charter and Access to the Public Purse: Is There a Case for Intelligent Design?
Janet Epp Buckingham - How Fundamental is Freedom of Religion?
Prof. Savarese Josephine and Ms. Bonnie Morton - The Influence of the Canadian Charter of Rights and Freedoms on Saskatchewan-Based Anti-Poverty Advocates
Mr. Adam Dodek - Canada as Constitutional Exporter: The Rise of 'the Canadian Model' of Constitutionalism
Prof. Tania Groppi - A User-Friendly Court: The Influence of Supreme Court of Canada Decisions Since 1982 on Court Decisions in Other Liberal Democracies
Mr. Peter Lauwers - The Ambiguities of Liberal Democracy
Prof. Stéphane Bernatchez - The Continuing Evolution of the Canadian Constitution through the Courts
Ms. Kristine Arnet Connidis - Courts and Governments: An ‘Interplay of Complimentary Opposites'
Ms. Cassandra Kirewskie - Extending the Theory of the Unwritten Constitution
Dr. France Houle - The Independence of Administrative Tribunal Members: Another Step Towards a Recognition of the Fourth Branch of Government
Dr. Dwight Newman - Section 35 and Federalism Theory
Dr. Kent McNeil and Mr. David Yarrow - Has the Constitutional Recognition of Aboriginal Rights Adversely Affected Their Definition?
Mr. Brad Morse - The Charter and Aboriginal Peoples after 25 Years: An Uneven Experience
Mr. Marc-Antoine Adam - The Constitution Act, 1982 and the Dilemma of Canadian Duality Since 1760
Dr. Douglas Brown - Equity and the Union: the Legacy of Section 36
Dr. Garth Stevenson - The Dog That Didn't Bark: 25 Years of the Constitutional Amending Formula
Dr. John Erik Fossum - Adieu to Constitutional Elitism?
Mr. Warren J. Newman - Living with the Amendment Procedures: Prospects for Future Constitutional Reform in Canada
