Canada ... Notwithstanding (Romanow, Whyte, Leeson)

The notwithstanding clause, also known as section 33 of the Canadian Charter of Rights and Freedoms allows any provincial government to override significant portions of the charter if they so choose to. The notwithstanding clause was one of the deciding factors that helped to seal the deal between the provinces and the federal government for repatriation and amendments to Canada's Constitution--the British North America Act--after years of negotiation. The deal also included an entrenched bill of rights.

I picked up this book, Canada Notwithstanding as preparation for a term paper I intend to write on section 33 of the charter for a Canadian politics class and have to say, I really enjoyed it.  Digging further into the negotiations which occurred in the years leading up to 1982 takes me back a few years to a spring and winter in which I read about Prime Minister Pierre Trudeau and the constitutional amendments. After reading this book, however, I realize how limited my knowledge on the subject was. There is a significant difference between reading modern sweeping accounts of the events of the late seventies and early eighties, or reading a few textbook chapters and digging into a work like this one, published in 1984 when the Charter was fresh and the events were recent. 

Canada Notwithstanding is a dense book, suitable for devoted readers of political science and academics. It is, by no means, beach chair reading. Although, I'd read it on a beach, but I've read Crime and Punishment on a beach, so perhaps I'm not the best judge. But, as I said, the book is dense. The authors outline the years 1976-1982, giving vast detail on each stage and each meeting, while also managing to provide snapshots of provincial policy and barriers to negotiations. In the end, what I want to do is read more about the Quiet Revolution. Sometimes we never know which subjects we lack learning it until we encounter them in the midst of something out. I have only the bare bones of the Quiet Revolution in Quebec and so, perhaps, the subject matter will be part of my summer reading. I encourage any Canadian, or interested reader, to dig into not only this book, but many other books tackling Canada's constitution. It truly is a unique and interesting subject. The issues of the Charter and Constitution are still with us today.