Adam Dodek - The Canadian Constitution

As governor general of Canada, I continually emphasize the importance of the rule of law, by which I mean the constant, relentless pursuit of justice. As our countrys supreme law, the Canadian Constitution sets out the basic principles of our democracy. It reaffirms our federal system of government, establishes courts for the administration of justice, protects our human rights through the Canadian Charter of Rights and Freedoms, and sets out the Aboriginal and treaty rights of Canadas first peoples.

In sum, the Constitution is a living expression of who we are and what we value. And when it comes to the study and interpretation of this fundamentally important law, we all have much to learn. When I was a young law dean making my welcoming address to new students, I often posed this question: Is law just? To answer that, two things are necessary: knowledge of the law and a sense of justice. I would encourage students to ask whether the particular law they were working on is just. And, if it is not, I would ask: What will you do about it? I would also remind these new law students that soon, each of them will swear an oath to improve the administration of justice.

Its so important that we know the history of the Canadian Constitution, its reasons for being, the rationale of its design, how its interpretation has changed, and how it can continue to serve us today and into the future. Thats a challenge for all who study and practise the law in Canada and for all Canadians whose lives and society are so profoundly shaped by our Constitution. Indeed, the British North America Act, 1867 the document that we now call the Canadian Constitution shares a birthday with Canada itself, a fact that illustrates the Constitutions fundamental importance to our country.

As a former student and professor of law and now as governor general, I have a deep admiration for the role the Canadian Constitution plays in establishing the rule of law in Canada. I therefore welcome the present volume, which makes a significant contribution to our understanding of this key document of our country.

His Excellency the Right Honourable David Johnston

Like a great work of architecture, a constitution combines form and function to produce lasting normative and aesthetic effects that transcend its component parts. Designed by few and built by many, it provides a space for expressing a societys values and expectations, and for imagining its future. It is both a powerful symbol and a symbol of power.

Canadas Constitution is a great work of architecture. It is built from the stuff of history, to serve the changing and diverse needs of the countrys peoples. Often compared to a living tree, it continues to grow and to expand within its natural limits. Its architects are many and have contributed to the project in various ways Britain, by providing the blueprint; the Fathers of Confederation, by laying the foundation of the nation; the successive legislatures and governments, by executing the plan within the limits of the Constitution; and the courts, by overseeing the work. Thus the Canadian Constitution is the product of collaboration and co-operation.

The Canadian Constitutions basic building blocks are those of a modern democratic state founded on the principle of the rule of law. It defines the powers of the states constituent elements the legislatures, the governments, and the courts and guarantees that state power will not be exercised unless it conforms to the Constitution.

The British North America Act, 1867 expressed an early desire for a constitution similar in principle to that of the motherland. This signalled that the rules of Canadas Constitution would be both written and unwritten, and that the British system of responsible government and Parliamentary supremacy would be transposed to the new structure. Yet there were striking differences. A federative structure was preferred, as it was judged to provide an appropriate framework within which to accommodate the values and interests of the countrys distinct regions and cultures.

With the Patriation of 1982, the Constitution underwent long-awaited renovations to give it a more domestic flair. The new design called for the adoption of a constitutional bill of rights in the form of the Canadian Charter of Rights and Freedoms. It also presented an opportunity to finally recognize and affirm the rights of Canadas Indigenous peoples, and to adopt a domestic formal procedure for changing the Constitution. The Supreme Court of Canadas essential features as the final general court of appeal were also recognized, thereby making it the ultimate guardian of the Constitution.

Todays Constitution is both the foundation of our country and the framework on which our nation hangs. It reflects the values that make Canada the sovereign nation that it is: democracy; co-operative federalism; respect for minorities and accommodation; and a deep belief in human rights and the rule of law. Not only is our Constitution beautiful, it is a work almost 150 years in the making and of which we can be proud.

This book is an admirable and succinct account of the law and history of Canada and its Constitution. It provides keys for interpreting and understanding the significance of the Canadian constitutional edifice. It should be required reading for anyone interested in Canada, its history, and its constitutional foundation.

The Right Honourable Beverley McLachlin, P.C.

Chief Justice of Canada

I admit it. I love the Canadian Constitution. But sometimes I just dont feel the love back. There was the time when I ordered the only existing Canadian Constitution book from the Department of Justice for my students and it got lost in transit (maybe it was sent to Ottawa, Ohio, or Ottawa, Africa). And then there was the time that the same book was out of print for months and no one seemed to notice. I repeat: the Canadian Constitution was out of print and no one noticed! That was the point when I knew I had to write this book.

I was drawn to the Canadian Constitution as a nineteen-year-old undergrad studying political science at McGill University with Professor Christopher Manfredi, now the Universitys provost and vice-principal academic. It was the first decade of the Canadian Charter of Rights and Freedoms and a time of great excitement and uncertainty regarding this new constitutional project. Manfredi was one of those rare breed of teachers who seemed to have an almost innate ability to inspire students. I take great pride that I now teach some of his students. After McGill, I went to law school in the United States, and then worked in Israel and the U.S. before returning to Canada. Along the way I studied the American, Israeli, and South African constitutions and learned a little about constitutional law in other countries such as England, Australia, and New Zealand but I kept coming back to Canada. I think I finally realized that the Canadian Constitution spoke to me in a different way because it is the story of my roots and history as a Canadian, even if its story started long before my grandparents came to this country. It is the story of all of us.

The word constitution comes from the verb constitute , which means to establish or to compose or to form. A constitution helps to provide the gel that keeps a country together as a political unit. It provides the foundational law for a country. In this way, a constitution can be thought of as a rulebook for a country in the same way that there is an official rulebook for hockey or for Monopoly. Joseph Somers told me that constitution is now used in gaming to reflect a characters personal qualities, including their toughness and resilience. These qualities apply to a countrys constitution as well. A constitution consists of more than these tangible qualities. It can also be a symbol and a source of values for a country. A constitution can inspire or it can disappoint.