13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat

Chapters in this book

1. Front Matter i
2. Contents vii
3. Acknowledgments xi
4. Introduction: The Significance of Constitution Making
5. Looking Back on Patriation and Its Consequences 3
6. Constituting Constitutions: The Patriation Moment 25
7. Tracing the Long Road to Patriation
8. Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation 49
9. The Evolution of the Charter 72
10. The Rise of Spectator Constitutionalism, 1967–81 93
11. Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle
12. Law, Politics, and the Patriation Reference of 1981 115
13. The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and the Origins of the Charter 137
14. More Distress than Enchantment: The Constitutional Negotiations of November 1981 as Seen from Quebec 159
15. Tracking Justice: The Constitution Express to Section 35 and Beyond 180
16. “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation 203
17. The Political and Constitutional Consequences of Patriation
18. Patriation and the Law of Unintended Consequences 229
19. Canadian Federalism since Patriation: Advancing a Federalism of Empowerment 244
20. An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat 267
21. The Sad but True Story of a Shrinking Equality Opportunity Structure 290
22. Contributors 313
23. Index 323