The Charter debates : the Special Joint Committee on the Constitution, 1980-81, and the making of the Canadian charter of rights and freedoms

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 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.

"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."-- Provided by publisher Contents 7 Acknowledgments 9 Introduction 13 Part One 27 1. Prelude: The Long Road to the Joint Committee 27 2. The Cast 40 3. A t the Joint Committee 63 4. From the Joint Committee to Patriation 81 Part Two 93 5. The Limitations Clause 93 6. Fundamental Freedoms 121 7. Democratic Rights 158 8. Mobility Rights 170 9. Legal Rights 196 10. E quality Rights 245 11. Language Rights 299 12. Judicial Review, Enforcement, and Remedies 348 13. Multiculturalism 376 14. Denominational Rights 382 15. A boriginal Rights 409 Appendix A: The Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada, 1980–81 439 Appendix B: Groups and Individuals Who Appeared and Gave Evidence before the Committee 441 Notes 453 Index 475