Canadian Constitutional Culture: A Genealogical Account

Oxford Handbook of the Canadian Constitution (ed. by Nathalie Des Rosiers, Patrick Macklem,and Peter Oliver, Forthcoming)

23 Pages Posted: 2 Mar 2017  

David Schneiderman

University of Toronto - Faculty of Law

Date Written: February 28, 2017

Abstract

How might one explain Canadian constitutional practices that have produced outcomes that are, within limits, heterogeneous and pluralistic? The chapter inquires into this question by tapping into constitutional culture, referring to dominant understandings of the fundamental norms that guide relations between citizens and states and between institutions of the state. Contemporary constitutional culture, it is argued, is partly the product of choices made in the past by imperial and early Canadian authorities. Taking a genealogical approach to Canadian constitutional culture, the chapter examines three episodes in Canada’s constitutional past that help to frame discussions about the constitutional present. Each illustrates the difficulty of governing those who are different; of aspiring to homogeneity while necessitating some heterogeneity in practice. They are representative samples of the waves of accommodation and assimilation that have been recurring features in Canada’s constitutional story and illustrative of the basic elements that make up Canadian constitutional culture.

Keywords: pluralism, constitutional culture, empire, assimilation, accommodation, genealogy

Suggested Citation

Schneiderman, David, Canadian Constitutional Culture: A Genealogical Account (February 28, 2017). Oxford Handbook of the Canadian Constitution (ed. by Nathalie Des Rosiers, Patrick Macklem,and Peter Oliver, Forthcoming) . Available at SSRN: https://ssrn.com/abstract=2925218

David Schneiderman (Contact Author)

University of Toronto - Faculty of Law ( email )

78 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-2677 (Phone)
416-978-7899 (Fax)

Paper statistics

Downloads
71
Rank
270,400
Abstract Views
209