The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms

Edited by Adam M. Dodek

© 2018

The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes.

In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause.

Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.

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Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 490 pages
  • Dimensions: 6.0in x 0.1in x 9.0in
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SKU# SP004045

  • PUBLISHED MAY 2018

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    Regular Price: $44.95

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    ISBN 9781442650503
  • PUBLISHED MAY 2018

    From: $38.21

    Regular Price: $44.95

Quick Overview

Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.

The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms

Edited by Adam M. Dodek

© 2018

The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes.

In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause.

Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.

Continue Reading Read Less

Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 490 pages
  • Dimensions: 6.0in x 0.1in x 9.0in
  • Reviews

    "Adam M. Dodek is right to suggest that the interpretive engagement with the Charter’s drafting process was curtailed in early Charter cases as a result of the Supreme Court of Canada’s rejection of an originalist path. Judges saw originalism as limiting Charter rights. We have generally not revisited that decision despite a growing body of scholarship that questions the anti-originalist rationale. This book provides a very easy access point to this piece of important but largely forgotten constitutional history that will enable courts and scholars to take a fresh look."


    Jula Hughes, Faculty of Law, University of New Brunswick

    "Adam M. Dodek contextualizes and brings attention to a significant moment in modern Canadian constitutional history, the Special Joint Committee on the Constitution, 1980−81. Perhaps most importantly, Dodek has edited the previously unwieldy and voluminous hearing transcripts into a readable and useful resource that will appeal to constitutional scholars across the disciplines of law, history, and political science."


    Eric Adams, Faculty of Law, University of Alberta
  • Author Information

    Adam Dodek is a professor in the Faculty of Law at the University of Ottawa. He is one of the founders of the university’s Public Law Group and in 2014 Canadian Lawyer named him as one of the top 25 most influential lawyers in Canada. In 2015 he was awarded the Law Society Medal by the Law Society of Upper Canada.
  • Table of contents

    Introduction

    Chapter 1 – Prelude: The Long Road to the Joint Committee

    Chapter 2 – The Cast

    Chapter 3 – At the Joint Committee

    Chapter 4 – From the Joint Committee to Patriation

    Chapter 5 – The Limitations Clause

    Chapter 6 – Fundamental Freedoms

    Chapter 7 – Democratic Rights

    Chapter 8 – Mobility Rights

    Chapter 9 – Legal Rights

    Chapter 10 – Equality Rights

    Chapter 11 – Language Rights

    Chapter 12 – Judicial Review, Enforcement and Remedies

    Chapter 13 – Multiculturalism

    Chapter 14 – Denominational Rights

    Chapter 15 – Aboriginal Rights

    Appendix A

    Appendix B