Majority and Minority Rights

  • Three important areas
  1. French-English Conflict
  2. Aboriginal Land Claims
  3. Rights of Disabled and Challenged Persons
  • French- English Conflict

-Francophone: in a bilingual country, a person whose principal language is French

-Anglophone: in a bilingual country, a person whose principal language is English

-By Confederation in 1867, the French were a minority in Canada, but there language was protected under s.93 of the Constitution

-Relationship between Francophones in Quebec and Anglophone Canadians has not always been harmonious; many conflicts have arisen throughout time over the protection of the French culture and language

-Quebec’s Quiet Revolution, 1960-1966: Francophones wanted equal partnership with English in Canada, but a partnership where Quebec would determine its own role and fate, thereby ensuring the survival of the French culture and language.

  • Separatism

-Separatism: the desire to establish a politically independent Quebec and to withdraw from Confederation

-Sovereignty-Association: concept put forth by the Parti Quebecois government whereby Quebec would become a sovereign jurisdiction in all areas of lawmaking, but would maintain economic association with the rest of Canada

-Federalism: Canada’s form of political organization in which the federal government governs the country as a whole, while the provinces and territories have specific, limited powers

-During the 1960s Quebeckers increasingly questioned their province’s role within confederation

-Separatism meant different things to different groups of Quebeckers (for some it meant total independence as a political state, for others it meant sovereignty-association in a limited partnership with Canada and others believed that federalism was the best system for Canada)

-In 1968 the Parti Quebecois (PQ) was formed and with this the separatist movement gained strength

-By 1973, PQ was the official opposition in Quebec

-In 1974 the Quebec Official Languages Act (Bill 22) was introduced which proclaimed French as the only official language in Quebec, for many Quebeckers Bill 22 fell short of requiring French to be the language of instruction and everyday use for all Quebec citizens

-After 1976 provincial election, Bill 101 (the Charter of the French Language) was passed; French became the official language for most facets of public life (for example, under Bill 101, all companies in Quebec with 50 or more employees had to conduct business in French, companies were given 4 years to put this into action)

-One of the most controversial sections of Bill 101 prohibited the use of English on commercial and road signs for 3 reasons (look at Case; Ford v. Quebec (Attorney General), [1988] 2 SCR 712)

  1. The use of other languages on signs would marginalize the French language in Quebec
  2. Immigrants to Quebec would recognize the predominantly French character of the province
  3. French would be preserved as Quebec’s official language

-Bill 101 has been amended many times (for example now other languages can be on signs as long as French is the predominant language on the sign)

  • The Sovereignty Issue

-Between 1980 and 2003, the controversy over Quebec’s role in Canada did not decrease; there are 4 critical events that must be highlighted during these years

  1. The sovereignty Referenda 1980
  2. The Sovereignty Referenda 1995
  3. The Clarity Act
  4. The shift towards “Cooperative Federalism”
  • The Quebec Referendum: Round 1

-May 20, 1980- date for promised referendum on Quebec’s future in Canada

-Campaigned for sovereignty-association

-Nearly 60% voted NON to separation

  • The Quebec Referendum: Round 2

-1994 Elections brought a new man in power of PQ

-Federalists argued economic costs of separation; Aboriginals opposed separation because they were uncertain whether or not they would be able to remain part of Canada

-October 30, 1995- 50.6% voted NON

-Federal government’s response to this was trying to convince Quebeckers that life in separate Quebec would be difficult and costly

  • The Clarity Act, 2000

-1998, Supreme Court of Canada ruled that Quebec could not separate without consulting the rest of Canada; however the court also stated that Ottawa would have to negotiate with Quebec in good faith if a “clear majority” voted in favour of secession in response to a “clear question”

-Court did not define what a “clear majority “was- merely stated, “It is for the political actors to determine what would constitute a clear majority on a clear question in the circumstances under which a future referendum vote may be taken”

-Wanting to have a framework and process in place if Quebec (or any other province) sought to separate from Canada, Bill C-20 (the Clarity Act) was enacted December 13, 1999. (This Act outlined the rules and conditions to be met should the Canadian government enter into negotiations following a referendum that could lead to the break-up of Canada. It set out the principles and procedures that would guide Parliament in determining what would constitute a sufficiently clear question and a clear majority)

- Show CBC News Clip on Clarity Act:

  • Cooperative Federalism

-After the elections in 2003, for the first time in many years Quebec had a federalist-learning premier
-Recognized that a federal Canada is the necessary key constitutional component

  • Aboriginal Rights

-Aboriginal rights: rights that some Aboriginal peoples of Canada hold as a result of their ancestors’ longstanding use of the land. Aboriginal rights vary from group to group depending on the customs, practices, and traditions that have formed part of these distinct cultures

-Collective rights: rights acquired as a result of membership in a group; all members of the group share the same rights

-When Aboriginal rights are discussed, it is usually focused on collective rights rather than individual rights and freedoms

-Historically the Mi’kmaq had allied themselves with the French but formed a new alliance with Britain in 1760 signing a treaty based on mutual protection and support

-In exchange for agreeing to keep peace and follow British law, the Mi’kmaq were promised they could hunt, fish, continue their religious practices and customs as well as trade with the British (Look at case R. v. Marshall)

-The Royal Proclamation of 1763 recognized Aboriginal people as autonomous and declared that:

  1. Aboriginal peoples were entitled to lands in their possession until or unless they gave or traded them away
  2. No one could purchase or settle on land recognized as Aboriginal territory with the exception of the British Crown

-In 1867, the federal government was given authority over “Indians and lands, reserved for Indians” in s.91 (24), this federal authority was codified in 1876 with the passage of the Indian Act. Aboriginals were not included in the formulation of the Act, a statute that did not recognize Aboriginal self-government

-Official government policy that began in 1830 and continued during post-Confederation was assimilation of Aboriginal peoples into Canadian society (theory was to provide Aboriginals with Euro-Canadian cultural and social ways so that they could adapt to changing times- example Indian Residential Schools)

-Indian Act:

  1. Defined who was an “Indian”
  2. “Protected” Aboriginal lands by appointing non-Aboriginal agents to be responsible for executing the Act’s conditions
  3. Gave authority to make final decisions over health care, social services, and education to the federal government
  • Aboriginal Land Claims

-Land claims: formal demands made by Aboriginal peoples for ownership and control of lands on which they live or traditionally have lived

-Two types of land claims can be brought before Canadian courts

  1. Specific land claims: claims that deal with specific grievances that Aboriginal peoples may have regarding the fulfilment of treaties and administration of lands and assets under the Indian Act
  2. Comprehensive land claims: claims based on the recognition that there are continuing Aboriginal rights to lands and natural resources; these claims occur where Aboriginal title has not been dealt with by treaty or other means (aimed at ensuring that Aboriginal groups will become economically self-sufficient)

-Land claims usually include demands for full ownership of some lands, rights to harvest natural resources, full participation in resource management efforts, and financial compensation for lost resources

-Land claims have been proven difficult to settle

  • Aboriginal Rights and the Charter

-Sec.25 of the Canadian Charter of Rights and Freedoms (makes it clear that other rights in the Charter must not interfere with the rights of Aboriginal peoples)

-Sec.35 of the Constitution Act, 1982 (recognizes that Aboriginal people were Canada’s first citizens and that this early occupation gives them certain rights)

Current

Quebec -1995-