The Canadian Constitution

by Adam Dodek, His Excellency the Right Honourable David Johnston Governor General of Canada (Foreword), The Right Honourable Beverley McLachlin (Introduction)

The Hill Best Books of 2016

A new, expanded edition of the first-ever primer on Canada’s Constitution ― for anyone who wants to understand the supreme law of the land.

The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases.

Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.

Genres: Politics, Law, Canada, History, Nonfiction, Philosophy

200 pages, Paperback

First published January 1, 2013

About the author

I’m a proud Canadian, teacher, scholar, husband and father.

At the University of Ottawa’s Common Law Faculty, I teach courses in Public Law, Constitutional Law, Legal Ethics and a seminar on the Supreme Court of Canada. I love teaching and have been fortunate to teach so many great students at the University of Ottawa and before that at Osgoode Hall Law School and at the University of Toronto where I began my teacher career before moving to Ottawa. One of the highlights of my career was receiving the Capital Educators Award as one of the top teachers in Ottawa in 2012.

I have been fortunate to have had many great opportunities in my career. I grew up in Vancouver and will always be a lifelong Canucks fan. I then went off to McGill University and then Harvard Law School. I received a Fulbright Scholarship to research Israeli constitutional law while clerking for the Supreme Court of Israel. After being called to the bar in California, I practiced law in San Francisco and then clerked for the U.S. Court of Appeals for the Ninth Circuit in Pasadena. I returned to Canada and clerked for Justice Claire L’Heureux-Dubé at the Supreme Court of Canada. After being called to the bar in Ontario, I joined the Public Law Working Group in Borden Ladner Gervais LLP’s Toronto office where I practiced until the fall of 2003. At that time, I joined the staff of Ontario’s Attorney General, first as Senior Policy Adviser and then as Director of Policy and from 2005-06 as Chief of Staff.

I also love researching and writing. My areas of research include Canadian constitutional law, the Supreme Court of Canada, the legal profession, the judiciary and legal ethics.

Some other research projects involve Conflicts of Interest, the regulation of the legal profession, judicial ethics, the ethics of the expert witness, the enactment of the Canadian Charter Rights and Freedoms and the Supreme Court of Canada.

I spend a lot of time watching baseball and have enjoyed going on baseball road trips with my son. We cheer for the Toronto Blue Jays, the Vancouver Canucks and the Ottawa Senators.

Reviews

[Maxwell Thornton · Rating 5 out of 5]

What a fantastic book!

I recommend that all Canadians read this to understand the constitution, government system, laws, powers, freedoms and responsibilities of Canadian citizens, and political history.

If anything, this should be mandatory reading for all Canadians, whether citizens or folks who are applying to be citizens.

[Destin Laurencelle · Rating 3 out of 5]

I noted two general insights from this book. First, Canada’s beginnings as a country. Second, the constitution for the country which defines the rights and freedoms as a citizen and the provisions for how the government must operate.

My recommendation to the author is to explain all provisions regardless if they are spent or inapplicable. Despite the irrelevance of some provisions, it still would have been nice to learn their definitions.

[Bella · Rating 4 out of 5]

I'm kind of surprised I like this book so much but it wasn't laid out in like a textbook format it was a lot of information in a digestible amount of pages. If you're looking for a quick way to learn about the Canadian Constitution this is definitely the way to do it.

[Rémi · Rating 4 out of 5]

Une lecture très détaillée de la Constitution Canadienne exprimé en termes qui peuvent être digérés par ceux et celles qui ne sont pas versés dans le jargon légal. Certaines sections sont tout de même denses et difficiles à interpréter surtout à travers l'Acte Constitutionnel de 1867, dû au fait qu'elles sont vues à travers des lentilles modernes.
En résumé, c'est une lecture enrichissante; pour tous ceux qui souhaitent devenir meilleurs citoyens canadiens ou seulement pour apprendre en quoi constitue la Loi suprême du Canada.

A very detailed read of the Canadian Constitution for those that are not versed in legalese. Some sections are still quite dense especially when going through the Constitutional Act of 1867, due to the fact that it is interpreted through a modern point of view.
In short, the book is rewarding. It will make you a better Canadian citizen and will help you develop a great understanding of what constitutes the supreme Law of Canada.

[Rob Mills · Rating 3 out of 5]

The book features the text of the constitution with annotations after just about every clause translating the legalese. I found it an enjoyable read and feel like a better Canadian. There's also a brief follow up chapter that mentions important supreme court cases.

I would have liked more of the surrounding constitutional documents, which are frequently referenced. I would also have liked a greater explination of how unspoken rules and institutions (like the Supreme Court and even the Prime Minister) can be guaged constititiona when they're not even in the document. Amazing that such institutions can just be willed into being. Fake it 'til you make it? or perhaps fake 'it until you're omnipotent and can set the rules? Anyway, pretty neat and I learned things.

Clearly I now need to read more. Book is only ~120 pages with lots of spacing for all the legal clauses.

[Eli · Rating 3 out of 5]

I bought this book after Doug Ford's plan to invoke the Notwithstanding Clause entered the news cycle, and I realized how little I knew about our constitution.

Prof. Dodek's book is a good intro to the constitution. Would have liked more detail both in comments on the constitution's text, and in the surrounding chapters about its history and significance.

[George Niu · Rating 4 out of 5]

As a student preparing for my upcoming Canadian administrative law course, I recommend this book to anyone who either wants to learn the legal and political side of the things in a serious manner, or simply loves Canada so much and wants to know about its history. I am both, so I really enjoyed reading it. The author explains what would otherwise be very long and dry materials in layman's terms, piece by piece, and sometimes with humour, in such an easy-to-understand way that I was able to lay the groundwork for my understanding of the Canadian Constitution, especially the Charter of Rights and Freedoms.

This second edition that I read was published in 2016 so a tiny portion of the content is outdated. The only one factual error I found (hence the 4-star rating) is on p. 141 where the author says that the judges "keep the honorific 'The Honourable' for life." In fact, federal court judges keep the honorific style ONLY WHILE IN OFFICE. The exception is the chief justices of Canada who get to keep the title "The Right Honourable" for life. But overall this is a great book.

[Shane A · Rating 5 out of 5]

“I admit it. I love the Canadian Constitution. But sometimes I just don’t feel the love back” (11). With an intro like that, I was bound to appreciate Dodek's primer to the Canadian Constitution!

The book is clear and concise introduction to the history, structure and principles of Canada’s supreme law, as well as a reprint of both the Constitution Act, 1867 and the Constitution Act, 1982. In the chapters before and after the constitutional text, Dodek explains the key features and controversies of the Constitution in an accessible and engaging way, using examples, anecdotes and case studies. There is no need to be a specialist to read this book-- Dodek's prose is simple, clear, and free of jargon.

Dodek's book is a must-read for anyone who wants to learn more about the foundations of our democracy and our rights and freedoms. His book is not only informative, but also enjoyable and inspiring. It shows that the Canadian Constitution is not just a dry legal document, but a living and evolving expression of our values and aspirations as a nation.

[Bennison Smith · Rating 5 out of 5]

A very helpful, insightful look at the Canadian Constitution. I would recommend it to anyone interested in the subject of law and politics in Canada, whether they have studied the subjects for years or have only just recently taken a shine to them. The pages of my copy are now covered in my hand-written notes, underlined sentences and circled words for future reference. I gave the book 5/5 because I honestly could not think of a way it could be improved. It's not my new favourite book by any means, but it accomplishes what it sets out to do extremely effectively.

[Ben · Rating 4 out of 5]

A Strong Constitution

I picked up this book as a timely read with the recent news of the Queen's passing.
It is also a work-related book.

I got quite a lot out of this book, and found it particularly interesting.

I was very surprised and interested of the story behind the red mark on the actual constitution.

4.1/5

[Jeff Smyth · Rating 4 out of 5]

This book is a must read for all Canadians. It is a historically eloquent book on the humble beginning of the nation of Canada right up to how we now work as a nation, our government of Canada and the Supreme Court.

[Jim · Rating 4 out of 5]

This book is focused on the words of the constitution acts themselves, rather than any interpretation. Also provides a bit of historical context. A good place to start your study of the subject. Delving deeper into the subject would require a much, much larger book(s)!

[Joseph · Rating 4 out of 5]

Useful reference and intro

[Catherine · Rating 4 out of 5]

Helpful, approachable primer on the subject matter

[Dylan N · Rating 3 out of 5]

About as interesting as a book on the Canadian Constitution can be. It serves its purpose well with the occasional witticism to stop you from entirely falling asleep.

[Emily · Rating 5 out of 5]

A very important, accessible book that all Canadians should read!

[GS · Rating 4 out of 5]

law books can be boring. This book isn't, the writer uses light humor and simple words. Good to know the book that explains your rights, freedoms, justice systems and responsibilities as a citizen.

[Sharlyn Zimmerman-Tollefson · Rating 3 out of 5]

An interesting read which I may need to read again.

[Colton Patterson · Rating 5 out of 5]

Great read

[MR SCOTT MCKILLOP · Rating 5 out of 5]

In August 2023 I moved from Scotland to Canda to marry a Canadian. I graduated in Scotland with a degree in Law and always kept informed in legal changes when I lived there. I found it was more than a little useful to know a fair bit about the law and I feel it's helped me more than once in the past.

Now I'm in Canada it seemed prudent if not logical to learn about Candian Law. I found this book fascinating, well wrote and if I'm going to be honest a wee bit of a page turner. After reading it I feel I've come away with a genuine newfound understanding in this area of Law and I'll absolutely revisit this book in the future as I brush up in memorising more aspects of the Constitution.

I guess I could say it inadvertently helped me assimilate somewhat into Canadian culture. Understanding the history and the construction of the country I now find myself living in I couldn't help but look at this as a bit of a guide, especially when understanding the differences in laws between Scotland and Canada.

If you happen to be interested at all in the early days of Canada and how it's blossomed into the fantastic country it is today then I'd ask you to look no further than this book, or at the very least start here, in my opinion it won't disappoint.

[Rick · Rating 4 out of 5]

Every Canadian and/or student of law and justice should have this book. Wish that the book was sold on a 2 for 1 basis. One copy to read and cherish and a second copy to annotate and mark up like most students do to their texts. Really glad I finally have my edition of "The Canadian Constitution".

[Ben W · Rating 5 out of 5]

A great introduction to The Canadian Constitution! This will no doubt serve as a great reference for anyone interested in The Constitution.

This book starts with a short history of the Constitution, followed by The Constitution Acts, 1867 and 1982. The Constitution Act, 1982 includes the Canadian Charter of Rights and Freedoms, which is "must-read" material for all Canadians. The final chapters include an introduction and brief history of the Supreme Court of Canada, a list of the Justices of the Supreme Court of Canada, a number of key Constitutional Cases as well as Key Dates in Constitutional History, and finally a number of interesting facts about the Constitution and the Supreme Court.




CONTENTS:

Acknowledgements
Introduction
Glossary of Key Terms

1 A Short History of the Canadian Constitution
2 The Constitution Acts, 1867 and 1982
3 The Supreme Court of Canada
4 Justices of the Supreme Court of Canada
5 Key Constitutional Cases
6 Key Dates in Canadian Constitutional History
7 Interesting Facts about the Constitution and the Supreme Court

Appendix A: Additional Sources on the Constitution of Canada

Appendix B: Index to the Constitution Acts, 1867 and 1982

Notes

[Gregory Klages · Rating 4 out of 5]

Dodek has written a concise, informative, thought-provoking introduction to Canada's Constitution


The text captures some of the key moments in the developmental trajectory of Canadian constitutional thought, touching on the evolution from pre-Canadian documents such as the Royal Proclamation of 1793, Quebec Act, and Act of Union. Of course, he gives the BNA Act and Constitution Acts significant attention. To his credit, he also explores amendments to these acts, as well as related legislation such as the Statute of Westminster and the Bill of Rights.

The text includes a solid consideration of the role of the judiciary in considering Canadian constitutional laws, and handy charts outlining the basic dates related to Canadian constitutional thought, and highlighting the importance of each event.

On the whole, a great little reference book that should only encourage readers to seek out more in-depth, nuanced, and challenging analysis.

[Daniel Frank · Rating 4 out of 5]

This book was extremely interesting. It spoke about what the Canadian constitution is, how it came to be and how it is used. It also spoke about some important and interesting things that stem from it. This book contained a lot of great Canadian history. For me, anything regarding Canadian politics/history is riveting, and there is a huge shortage of literature on this subject.

However, I must note that the reason I cannot give it 5 stars is that this book is way too short. There is so much potential information to write about regarding the SCC and what the constitution actually entails. This book was less than 200 pages to begin with and to make matters worse, a huge chunk of it was occupied by the actual text of the constitution and notes. It is a very brief and quick read.

[Stewart · Rating 4 out of 5]

Decent overview of both the full text of the Constitution Acts, but also a rich level of detail in the endnotes, and many other useful stats. A worthwhile read, either as a refresher or for an introduction to the text of the Constitution and Charter.

[Robert Stockman · Rating 5 out of 5]

Very good for those interested in law