Canada's constitutional revolution / Barry L. Strayer.

Format:

Book

Author/Creator:

Strayer, Barry L.

Language:

English

Subjects (All):

Constitutional history--Canada.

Constitutional history.

Canada.

Canada. Canadian Charter of Rights and Freedoms.

Canadian Charter of Rights and Freedoms (Canada).

Physical Description:

xvii, 335 pages : illustrations ; 24 cm

Place of Publication:

Edmonton : University of Alberta Press, 2013.

Summary:

From 1960 to 1982 Barry L. Strayer was instrumental in the design of the Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Barry Strayer shares his experiences as a key legal adviser with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history, political history of patriation and the Charter, interpretation of the Charter, and the nature of judicial review.

The Honourable Barry L. Strayer, OC, QC, BA, LLB (Sask.), BCL (Oxon.), SJD (Harvard) was Assistant Deputy Minister of Justice from 1974 to 1983. He was involved in the constitutional reform process in Canada for over 22 years and was an early adviser to the Government of Canada on the Charter of Rights and Freedoms. He is a retired Judge of the Federal Court, both Trial Division and Court of Appeal; a former Chief Justice of the Court Martial Appeal Court; an Officer of the Order of Canada; and the author of a book on judicial review, published in three editions, and numerous periodical articles on public law subjects. Barry Strayer lives in Ottawa. Book jacket.

Contents:

Part I The Patriation Process

1 Origins of the Problem 1

2 My Introduction to Constitutional Reform: The Fulton and Favreau Phase 5

3 The Centennial Initiative 19

4 A Non-constitutional Interlude 49

5 Constitutional Dialogue before the Quebec Referendum 87

6 Post-referendum Negotiations 117

7 Preparing the Patriation Package 141

8 A Year of Conflict 151

9 The Denouement 193

Part II Political and Pragmatic Origins of the Charter

10 Frank Scott, Pierre Trudeau, and the Charter Idea 219

11 Pierre Trudeau Enters the Corridors of Power 245

12 Shaping the Charter 251

13 A Social Democrat in the Court of the Philosopher King 271

Part III Conclusion

14 Summing Up 277.

Notes:

Includes index.

ISBN:

9780888646491

0888646496

OCLC:

823214480