Canadian Constitutionalism
1791-1991, Edited by
Janet Ajzenstat, Canadian Study of Parliament Group, Ottawa, 1992. Dictionnaire
des parlementaires du Québec, Les presses de l'Université Laval, 1993
These two books originated out of
celebrations marking the bicentennial of the Constitutional Act, 1791. The
collection edited by Professor Ajzenstat includes essays by a number of well
known historians, lawyers and political scientists. Half the articles deal with
historical aspects of Canada's constitutional development including a re-
interpretation of the Judicial Committee of the Privy Council by Paul Romney, a
look at American Influences on Canadian Constitutionalism by Constance MacRae-
Buchanan and an essay on the constitutionalism of Etienne Parent and Joseph
Howe by Professor Ajzenstat.
She notes that there have always
been two political ideologies among reformers in Canadian politics. The first
exemplified by Papineau and William Lyon Mackenzie is the
"democratic" stream while the second, exemplified by Parent and Howe
she calls the "constitutionalist" stream. The story of Canadian
politics, up to 1982 at least, is the triumph of "constitutionalists"
over the "democrats". She makes the point that our present obsession
with the need for "democracy" is neither new nor indeed a
particularly effective formula for the successful governance of Canada.
The conference for which these
papers were prepared took place in November 1991 in the midst of constitutional
discussions that eventually led to the Charlottetown Accord. So it is not
surprising that many contributors focused on contemporary aspects of Canadian
constitutionalism. The usual themes were discussed. For example, Leslie Seidle
examined the problem of Senate Reform, Alan Cairns looked at the impact of the
Charter on Canadian politics, F.L. Morton and Rainer Knopff suggest that the
Supreme Court has become the most important political institution in the
country, David Bercuson and Barry Cooper call for recognition that the people
not the Crown are now sovereign, Hugh Thorburn points out the danger of interest
group politics.
In many respects the most practical
contribution was by Douglas Verney who not only reviews the theoretical
difficulty in merging British style responsible government and American style
federalism but calls for a new constitutional doctrine to be known as
"Responsible Federalism". The key institution would not be the
elusive reformed Senate or the thrice discredited First Ministers Conference
but a Federal-Provincial Council composed of Ministers of Intergovernmental
Affairs supplemented by knowledgeable MPs and MLAs drawn from all parties. The
Council would be a permanent body and it would not be chaired by the Prime
Minister. Verney suggest the Governor-General and the Lieutenant-Governors as
more appropriate officials to chair the Council. Before Canadians return to
constitutional discussions, as they surely will one day, they should give
serious thought to the issues raised and the proposals suggested in the Verney
article.
The Dictionary of Quebec
Parliamentarians is quite a different book. It is a collection of biographical
sketches of every legislators who sat is the Lower Canadian House of Assembly
from 1792-1838, every member from Canada East in the old Parliament of the
United Province of Canada 1841-1867 and every Quebec legislator since 1867. The
dictionary also contains biographies of members of the Legislative Council from
1792 until its abolition in 1968.
The Dictionary is a revised and
updated version of a similar publication prepared in 1978 and revised in 1987.
Quebecers have always taken their parliamentary tradition seriously and the new
edition is the latest in a long line of useful research and reference books
produced by the National Assembly.
Gary Levy