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Our fraying constitutional order

In a recent podcast interview, my American host asked me to comment on whether Canada constituted a nation, in the substantive sense. Beyond platitudes such as a shared commitment to multiculturalism, general good government, and a thin conception of liberty, there is not much there there, I reflected. No, there isn’t really a singular Canadian nation, I answered.

But I was oversimplifying: the fact is that Canada is a nation that contains many nations. The compromises of federalism as set out in the Constitution were specifically designed to accommodate the vast regional and cultural differences across our equally vast land and, for the most part, have held up well.

However, proposals in Alberta and Quebec are starting to nip at the fabric of our constitutional order. Both provinces are, as one academic recently put it, apparently treating the Constitution as a “buffet that one can pick and choose from”, rather than a blueprint for how power flows in a state.

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