The New Canadian Constitution

P.F. McKenna was librarian at the Police Academy, Brampton, Ontario.

David Milne’s contribution to the Canadian Issues Series is a useful work by an author ably suited to his task. As a teacher of Canadian politics at the University of Prince Edward Island, he has been a keen observer and interpreter of the history of the constitution; as an advisor to the government of that province he was an active participant in the 1980 summer constitutional talks.

Mr. Milne tells us that the history of constitutional politics in Canada is a fascinating one. He sets out to prove this by interweaving the legal mantle with the thread of Canada’s chronic dilemmas: French-English friction, the regional disparity debate, native rights, and control of offshore resources, etc. Milne explores the history of developments prior to 1980, beginning in 1927 with the first attempts to reach accord on a workable amending formula. This section includes a cleanly executed table which will undoubtedly delight students of constitutional history. The author goes on to detail the events that followed the defeat of the Parti Quebecois over the sovereignty-association referendum in 1980. The issue of unilateral action by the federal government, its repercussions and eventual deadlock in the courts, is carefully traced with a full understanding of the Machiavellian intent of the authors of the infamous Kirby Memorandum. The landmark Supreme Court of Canada decision of September 1981 is explained within the context of its contribution to the final negotiated settlement, and Milne handles this particularly difficult legal case adroitly. The resulting federal-provincial wrangling is discussed in a way that helps the reader understand the points of view of the various factions. With Quebec out of the agreement, events proceed to final parliamentary approval in December 1981. The last portion of the book, after the British connection is traced, becomes less historical and more speculative. It examines the recurring Canadian problems mentioned earlier in light of current constitutional reform. Milne is cautious in his prognosis for Canadian unity; however, his analysis of the problems that are likely to occur in the area of language rights is both astute and timely. This volume is a good basic introduction to the subject for the layman. Mime delivers the fascinating tale he promises in the early pages.