Patriation and Its Consequences

Lois Harder is a professor of political science at the University of Alberta. Her current research focuses on the law and politics of Canadian citizenship. She is the co-editor (with Steve Patten) of The Chrétien Legacy: Politics and Public Policy in Canada (McGill-Queen’s University Press, 2006). In 2008, she held a Fulbright Visiting Professorship at the University of Hawai'i; and in September 2014, she was the Eccles Centre Visiting Canadian Fellow in North American Studies at the British Library. She is currently writing a book on the birthright citizenship claims of the “Lost Canadians.” Steve Patten is an associate professor in the Department of Political Science at the University of Alberta. His recent publications include “The Triumph of Neoliberalism within Partisan Conservatism in Canada” in Conservatism in Canada (University of Toronto Press, 2013) and “The Politics of Alberta’s One-Party State” in Transforming Provincial Politics: The Political Economy of Canada’s Provinces and Territories in a Neoliberal Era (University of Toronto Press, forthcoming). With Lois Harder, he edited The Chrétien Legacy: Politics and Public Policy in Canada (McGill-Queen’s University Press, 2006). Dr. Patten serves on the editorial board of the Review of Constitutional Studies.

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