“‘The question calls for an answer, and I propose to answer it’: The Patriation Reference as Constitutional Method”

(2011) 54 The Supreme Court Law Review (2d) 143-166.

I was invited to contribute this piece as part of a commemorative panel on the Patriation Reference at the Osgoode 2010 Constitutional Cases Conference.  While most people analyze the Reference for what it says about constitutional conventions, I took a different approach.  I wanted to discuss the Reference AS a reference – as the culmination of many decades of development of the advisory function.  I argue, as well, that the Reference is properly understood as a precursor of the modern constitutional method in Canada.  This paper has generated tremendous interest since it was published two years ago.  And here I thought I was the only person who thinks references are totally fascinating.

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