Avenue and Ridley reviews The Last Act

The Last Act: Pierre Trudeau, the Gang of Eight and the Fight for Canada by Ron Graham, Alan Lane Canada, 323 pages, $34.00 (2011)

While 1867 is considered Canada's birth year, there is no doubt that 1982 is another watershed twelvemonth in the history of Canada. With the stroke of a pen, our country went from being a Dominion with a supreme parliament to a quasi-republic with a constitutionally entrenched Charter of Rights and Freedoms. Ron Graham’s The Last Act: Pierre Trudeau, the Gang of Eight and the Fight for Canada is a good place to start for anyone looking for a history of the genesis of Canada’s post-1982 constitution and is an interesting read for anyone with even a passing interest in Canadian public affairs.

Prior to 1982, Canada's principal constitutional statute was an act of Westminster, the British North America Act, 1867 (henceforth BNA Act) and contained everything from defence to hospitals to weights and measurements. Over time the BNA Act itself was amended and by 1949 it could be changed by the Canadian parliament, while still being rooted in London. This was problematic, of course, because between 1867 and 1982 Canada and the United Kingdom drifted apart. World Wars or legislation such as the Statute of Westminster, 1931, helped precipitate this, and Canada was still heir to important legal milestones such as the Quebec Act, 1774 or Magna Carta. Indeed, Canadian courts even weighed English common law judgments such as Davis Contractors v Fareham UDC [1956] or Hedley Byrne v Heller [1964] carefully too; but complete constitutional seperation was only a question of time.

Which is where Pierre Trudeau stepped in. Trudeau, an intellectual and university instructor before entering politics, not only wanted constitutional seperation from the United Kingdom, he wanted entrenched rights as well. Affected by the wave of human rights agreements sweeping the western world after 1945 and the heavy handed approach of Maurice Duplessis’ Union Nationale government in Quebec, Trudeau saw entrenched rights as an improvement upon Canada's pre-existing supreme parliament. In 1971 and 1978 efforts towards entrenchment were made, but it was only in the early 1980s after the Quebec Referendum that Trudeau turned his formidable acumen towards the effort. Prepared to move unilaterally, the Supreme Court of Canada’s Reference re a Resolution to amend the Constitution, [1981] reigned in the prime minister and it is subsequent negotiations with the provincial leaders that compose the bulk of this book.

Which itself is a positive contribution to the story and a welcome read for anyone wanting to brush up on the politics and laws of Canada. With Trudeau being such a prominent player, it is hard not to see him as the star, but other key actors: Peter Lougheed, Bill Davis, Roy Romano, Jean Chretien and Rene Leveque’s are given fair treatment as well. Unabashedly pro-Trudeau, it is not a scholarly work but nor does it try to be. Rather, it is a good presentation of this interesting episode of Canadian history in a welcoming and accessible way.