Part C: Essay Question

PART C: ESSAY QUESTION.

“A Constitution that was passed without the support of one-third of the country’s population, a constitution that does not protect the unalienable and imprescriptible rights of Canadians is not worth the paper it is written on.” – Brian Mulroney on the Constitution Act, 1982

Using your vast, almost unlimited knowledge of constitutional law, critically evaluate Mulroney’s statement above. In your opinion, did the 1982 deal establish a good, if however imperfect, constitutional settlement in the spirit of 1867? Or, is the constitution fatally flawed and thus in need of substantial reform? If so, how?

In your answer, be sure to make specific reference to the history of constitutional reform in Canada and to the major constitutional documents studied in class.