A Living Tree: The Legacy of 1982 in Canada's Political Evolution

Clarifying a Quarter Century of the Canadian Constitution

Butterworths A Living Tree: The Legacy of 1982 in Canada's Political Evolution is a comprehensive analysis of the constitutional law and politics surrounding the Constitution Act, 1982. It traces the history of the negotiations, the current ramifications of the more controversial issues surrounding the Charter of Rights and Freedoms and the future of Canadian constitutional issues. This publication offers a compelling analysis of a quarter century of true self governance in this nation.

Authors Ian Peach, Graeme Mitchell, David Smith and John Whyte are a group of vastly experienced and highly recognized law and political science scholars. In the wake of the Saskatchewan Institute of Public Policy conference that chronicled 25 years of Canadian constitutional issues, many of the speakers have prepared essays for this publication. The result is an unparalleled resource that will provide a definitive framework for understanding issues of a constitutional nature for years to come.

Features and Benefits

This unique text offers clarification of the key issues that have arisen from the most important piece of legislation in Canadian history by providing the reader with:

• Expert analysis - the nation's foremost legal experts, historians and political scientists offer up deeply analytical essays on a wide range of topics
• Table of Cases - referencing the major decisions in which the more controversial sections of the Act have been challenged

Tackling the Key Issues

A Living Tree is compiled thematically, flowing through the historical context, the current climate and the potential ramifications for the future of the Constitution Act, 1982. This collection of essays provides the reader with an understanding of:

• The role of the judiciary in Canadian politics and how it has evolved since the introduction of the Act
• How the Act has had a profound impact on Aboriginal rights, making it an integral part of political discourse
• How the Act has raised difficult questions about religion, multiculturalism and equality
• The federalism dimensions of the Act, both in terms of regional issues like the equalization provisions, and the larger national unity questions that have spurred extensive debate about the use of the amending formula
• The dynamics the 1982 amendments have had on Canadian law and politics and how they might continue to affect our polity in the future

An Indispensable Guide For

• Law professors and students who require analysis beyond the black letter on the case law surrounding the Charter and Aboriginal rights
• Political Science professors and students who seek insight on how the constitution and those who interpret the constitution participate in democratic politics
• Public administration professors and students who need to understand the role that judicial institutions play in the administration of law and public policy
• Officials in federal, provincial, territorial governments, First Nations and Metis organizations who seek critical commentary on the issues that they confront and an understanding of the continuing effect of the Constitutional Act, 1982 in our intergovernmental relations