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

Author:   rosalind hampton
Publisher:   University of Toronto Press
ISBN:  

9781442628489


Pages:   490
Publication Date:   02 May 2018
Format:   Paperback
Availability:   Temporarily unavailable   Availability explained
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The Charter Debates: The Special Joint Committee on the Constitution, 1980-81, and the Making of the Canadian Charter of Rights and Freedoms


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Overview

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.

Full Product Details

Author:   rosalind hampton
Publisher:   University of Toronto Press
Imprint:   University of Toronto Press
Dimensions:   Width: 15.20cm , Height: 0.40cm , Length: 22.90cm
Weight:   0.720kg
ISBN:  

9781442628489


ISBN 10:   1442628480
Pages:   490
Publication Date:   02 May 2018
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Temporarily unavailable   Availability explained
The supplier advises that this item is temporarily unavailable. It will be ordered for you and placed on backorder. Once it does come back in stock, we will ship it out to you.

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

Reviews

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 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


Author Information

rosalind hampton is an assistant professor in the Department of Social Justice Education at the University of Toronto

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