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Distributed for University of British Columbia Press

Patriation and Its Consequences

Constitution Making in Canada

Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the “Gang of Eight” provincial premiers who opposed his plans to “patriate” Canada’s constitution from Britain. Patriation and Its Consequences revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Focusing on the players behind the process, as well as First Nations and feminist activists, this volume explores the long shadow of patriation: the alienation of Quebec, the character of Canadian federalism, Aboriginal treaty rights, and the struggle to ensure gender equality.

356 pages

Table of Contents

Part 1: Introduction: The Significance of Constitution Making

1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten

2 Constituting Constitutions: The Patriation Moment / Janine Brodie

Part 2: Tracing the Long Road to Patriation

3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams

4 The Evolution of the Charter / Barry L. Strayer

5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. Bryden

Part 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle

6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard

7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman

8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman

9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder

10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren Braul

Part 4: The Political and Constitutional Consequences of Patriation

11 Patriation and the Law of Unintended Consequences / Peter Russell

12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz

13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner

14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra Dobrowolsky

List of Contributors; Index

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