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section 1
1982 patriation of constitution w/o quebec created a constitutional legitimacy deficit/breach
As a federation, we need consent of all provinces in order to stand, and failures of both accords shows that no repair is coming
We persevere and remain strong because Canada's legitimacy does not stem from one source only → because reform is impossible, Canada's manages around the breach
section 2 pt 1
Very compelling due to his application of abeyance to canada
As discussed in lecture 3, define it → deep conflicts that constitutional systems cannot resolve and instead choose to suppress
Stability comes from mutual restraint and the unspoken agreement to not force a resolution
Applies to canada because the 1982 agreement sit on top of something unsurmountable, in which political actors have to cooperate to keep conflict below the surface
Successful abeyance in canada would allow both visions of canadian constitutionalism and quebecois self-determination
Legitimacy is not all or nothing, we can sacrifice a little and maintain stability,
we have not descended into a state of chaos bc voters have kept the issue of the centre of politics
Quebecois still accept legal system and show historical attachment to canada
section 2 pt 2
Use of PQ to demonstrate abeyance in action
Won in 2012, formed government with a weak electoral mandate showing that the Quebecois were mostly unwilling to move towards sovereignty
Tried to establish and push a more nationalist campaign, which voters rejected in 2014
Abeyance must be actively maintained → stability chosen over symbolism
Legitimacy deficits do not automatically destabilize federations
Canada managed around the legitimacy breach
section 3
Most glaring limitation is the erasure of indigenous people under abeyance framework
Cameron only focuses on Quebec as the only obstacle of conditional legitimacy, which can seemingly only be granted through formal recognition
Feels like a colonial assumption → for the indigenous peoples, legiitimacy deficit cannot be captured in the same way
Relationship to state is not withholding agreement ot he conditional, but imposed sovereignty
Abeyance does not explain how this order suppresses people
Matters because it shows that Canada's stability may be resting on exclusion, which makes us question if abeyance is really neutral/managing or convenient to avoid justice to Indigenous peoples