Thursday, November 03, 2011

Chantal Hebert on repatriation

An interesting analysis of the 1982 repatriation. I have never been a fan of the charter of rights with no responsibility. It has given enormous power to unelected mostly liberal judges.
If joe Clark had been able to count, Trudeau would have retired and Canada would have spared the last Trudeau term, which was damaging to the Dominion. Trudeau repatriated the constitution with a separatist in Quebec. This was all mostly for his own bloated ego. it is interesting that Mme Hebert thinks this arrogance was the beginning of the end of the grits and Red Toryism. It also made changes to the Monarchy virtually impossible. So some good did come from trudeau's arrogance.

Hébert: Political culture transformed since Constitution repatriated

November 02, 2011

Chantal Hébert

The repatriation of the Constitution (along with the creation of the Charter) was Pierre Trudeau's greatest political triumph, Chantal Hebert writes. But it was also the beginning of the end of the Liberal hegemony on federal politics
Ron Bull/Toronto Star file photo
Thirty years ago this month, nine premiers and the prime minister of the day let a genie out of the bottle.

Gathered in Ottawa, the country’s first ministers — minus the premier of Quebec — agreed to repatriate the Constitution and to introduce a Charter of Rights and Freedoms.

The decision was a seminal moment in modern Canadian politics. It was also a headlong plunge into the relative unknown.

In hindsight, neither Pierre Trudeau nor the premiers were fully cognizant of the genie they were letting out. It quickly took on a life of its own.

At the time the deal was struck, some premiers were concerned about the impact the Charter would have on the balance of power between Parliament, the government and the judiciary.

They also worried about the fallout from the decision to go ahead without Quebec.

On both scores, it turned out that the architects of the repatriation bid had underestimated the consequences of their actions.

Empowered by the Charter, the courts pushed back the frontier on individual and collective rights in ways that the politicians of 1981 did not think possible or, in many cases, desirable.

1 comment:

Sean M said...

Very good article! One thing I've never understood was how Turdo could be described as repatriating the Constitution. How does one repatriate a British Document ? The BNA Act is right where it belongs and has never left, in Westminster. IMO in would be more appropriate to describe what Turdo accomplished as a distortion of history, and the Constitution. Interesting article though.

I Support Lord Black