Joint Select Committee on Constitutional Review

Joint Select Committee on Constitutional Review
Name	Joint Select Committee on Constitutional Review
Type	Parliamentary committee
Jurisdiction	Canada, Ontario, British Columbia
Established	1990s
Chamber1	House of Commons of Canada
Chamber2	Senate of Canada
Members	Mixed membership

Joint Select Committee on Constitutional Review

Established as a parliamentary body to examine constitutional arrangements, the committee engaged legislators, jurists and civic organizations to assess constitutional amendments, rights frameworks and federal-provincial relations. It convened hearings, produced reports, and influenced debates in legislatures and courts, interacting with actors such as the Supreme Court of Canada, the Canadian Bar Association, the Privy Council Office and provincial legislatures like the Legislative Assembly of Ontario and the Assemblée nationale du Québec.

Background and Establishment

The committee emerged amid debates following events like the Meech Lake Accord, the Charlottetown Accord, and rulings from the Supreme Court of Canada as federal and provincial leaders including figures from the Progressive Conservative Party of Canada and the Liberal Party of Canada sought mechanisms for review. Discussions in the House of Commons of Canada and the Senate of Canada referenced opinions from bodies such as the Canadian Judicial Council, the Law Society of Upper Canada, and advocacy groups like the Native Council of Canada and the Federation of Canadian Municipalities.

Mandate and Powers

Mandated by resolutions in the House of Commons of Canada and the Senate of Canada, the committee's powers included summoning witnesses from institutions like the Supreme Court of Canada, the Department of Justice (Canada), the Department of Intergovernmental Affairs (Canada), provincial attorneys-general, and scholars from universities such as the University of Toronto, the McGill University, and the University of British Columbia. It examined instruments including the Constitution Act, 1867, the Constitution Act, 1982, the Canadian Charter of Rights and Freedoms, and intergovernmental accords like the Victoria Charter. The committee reported findings to presiding officers such as the Speaker of the House of Commons and the Speaker of the Senate and could propose motions, reference cases, or legislative referrals to bodies such as the Standing Senate Committee on Legal and Constitutional Affairs.

Membership and Structure

Membership drew parliamentarians from parties like the New Democratic Party, the Bloc Québécois, the Progressive Conservative Party of Canada, and the Liberal Party of Canada, and included representatives from regional delegations such as the Legislative Assembly of Alberta and the Legislative Assembly of Saskatchewan. The structure mirrored joint committees such as the Joint Committee on Scrutiny of Regulations with co-chairs appointed from the House of Commons and the Senate of Canada. Expert panels featured legal scholars who had published with presses like the University of Toronto Press and held chairs at institutions including Queen's University and the University of Ottawa Faculty of Law.

Activities and Timeline

Across sessions paralleling political events like the defeat of the Meech Lake Accord and the referendum on the Charlottetown Accord, the committee held hearings featuring witnesses from the Canadian Bar Association, indigenous organizations such as the Assembly of First Nations, provincial premiers including those from Québec and Ontario, and academic commentators from the Centre for Constitutional Studies. It issued interim reports and final reports, contributed to debates in the House of Commons of Canada, and informed litigation before the Supreme Court of Canada and appellate courts. Meetings coincided with commissions and inquiries like the Royal Commission on Aboriginal Peoples and consultations with international bodies such as the Commonwealth Secretariat.

Key Recommendations and Outcomes

Recommendations addressed reforming aspects of the Canadian Charter of Rights and Freedoms, clarifying federalism under the Constitution Act, 1867, and proposing mechanisms for constitutional amendment referencing formulas like those in the Constitution Act, 1982. Outcomes included influencing legislative proposals debated by cabinets led by premiers and prime ministers—figures associated with administrations of the Progressive Conservative Party of Canada, the Liberal Party of Canada, and provincial governments in British Columbia and Ontario—and framing submissions used in litigations before the Supreme Court of Canada. Some recommendations informed institutional responses by the Department of Justice (Canada) and were cited by legal commentators in journals published by the Canadian Bar Review.

Criticisms and Controversies

Critics from groups such as the Council of Canadians, the Assembly of First Nations, and provincial opposition parties argued the committee lacked democratic legitimacy compared with nationwide referendums like the 1992 Charlottetown Accord referendum, and raised concerns echoed in commentary by newspapers including the Globe and Mail and the Toronto Star. Controversies involved disputes over representation of francophone communities linked to the Assemblée nationale du Québec, disagreements about indigenous consultation in the spirit of the Royal Commission on Aboriginal Peoples, and critiques from constitutional scholars affiliated with the University of Toronto Faculty of Law and the McGill University Faculty of Law regarding the committee's methodology and the scope of proposed amendments.

Category:Parliamentary committees of Canada