“Uncodified Workings and Unworkable Codes”

Abstract

The discrepancy between the written constitution and the day-to-dayworkings of the Canadian federal system is noted by a number of observers. However, there is yet no general theory that seeks to explain why de jure constitution and de facto practice diverge from one another. This article proposes an explanation based on the ethnolinguistic social structure. The workings of the federal system are best observed in the field of public policy where the constituent linguistic/cultural communities of Canada function as default demoi, bypassing the formal structures of the federation. This process is particularly visible in education and media where identity politics find their first outlet. As a result, in the absence of formal recognition, the duality of the Canadian society tends to reveal itself through the workings of the system.