Chapter 7 – Majority and Minority Rights Unit 2 – Rights and Freedoms

Chapter 7 – Majority and Chapter 7 – Majority and Minority Rights Minority Rights

Unit 2 – Rights and FreedomsUnit 2 – Rights and Freedoms

AgendaAgenda

1. French Canadian Rights1. French Canadian Rights

2. Aboriginal Rights2. Aboriginal Rights

3. Multicultural Rights3. Multicultural Rights

Learning Goal for TodayLearning Goal for Today

By the end of the lesson(s), students By the end of the lesson(s), students will be able to identify past and will be able to identify past and present barriers to the equal present barriers to the equal enjoyment of human rights faced by enjoyment of human rights faced by French Canadian and Aboriginal French Canadian and Aboriginal groups in Canadagroups in Canada

ExpectationsExpectations

CGE3f – identify historical and CGE3f – identify historical and contemporary barriers to the equal contemporary barriers to the equal enjoyment of human rights faced by enjoyment of human rights faced by individuals and groups in Canada, individuals and groups in Canada, and analyse their effects.and analyse their effects.

Bill 101Bill 101

*The French-English Conflict*The French-English Conflict

Fall of New France 1759 - British Fall of New France 1759 - British chose accommodation of Frenchchose accommodation of French

Francophone – principle language Francophone – principle language FrenchFrench

Anglophone – principal language Anglophone – principal language EnglishEnglish

*The French-English Conflict*The French-English Conflict

1911 – Ontario government 1911 – Ontario government prohibited French-language schoolsprohibited French-language schools

WW1/WW2 Conscription led to riots WW1/WW2 Conscription led to riots in Quebecin Quebec

*Quebec’s Quiet Revolution*Quebec’s Quiet Revolution1960-19661960-1966

*Social, cultural and political upheaval that *Social, cultural and political upheaval that occurred in Quebecoccurred in Quebec

From isolationist, politically influenced by the From isolationist, politically influenced by the Roman Catholic clergy, and rural-focusedRoman Catholic clergy, and rural-focused

*Quebec became an open and industrialized *Quebec became an open and industrialized society under Premier Jean Lesagesociety under Premier Jean Lesage

English still required for success in business English still required for success in business in Quebec, even for Francophonesin Quebec, even for Francophones

*Masters in Our Own House*Masters in Our Own House

New gov’t policies & gov’t New gov’t policies & gov’t departments, including the departments, including the Department of Cultural AffairsDepartment of Cultural Affairs

Influence of the Church declinedInfluence of the Church declined Official Languages Act 1969 – all Official Languages Act 1969 – all

federal gov’t services to be delivered federal gov’t services to be delivered in both languagesin both languages

*Bill 22 – 1974 - Quebec Official *Bill 22 – 1974 - Quebec Official Languages ActLanguages Act

Proclaimed French the only official Proclaimed French the only official language in Quebeclanguage in Quebec

Promoted the teaching of French in Promoted the teaching of French in English schoolsEnglish schools

The Bill also restricted the admission The Bill also restricted the admission of immigrant children into English of immigrant children into English schoolsschools

*Bill 101 – 1976 – Charter of the *Bill 101 – 1976 – Charter of the French LanguageFrench Language

Business to be conducted mainly in Business to be conducted mainly in FrenchFrench

Led to companies leaving QuebecLed to companies leaving Quebec No English on signsNo English on signs Ford v. Quebec SCC found no English on Ford v. Quebec SCC found no English on

signs violation of s.2 Freedom of signs violation of s.2 Freedom of Expression, but Quebec invoked s.33Expression, but Quebec invoked s.33

Quebec later amended Act to allow Quebec later amended Act to allow English as long as no bigger than ½ the English as long as no bigger than ½ the size of Frenchsize of French

*Separatism*Separatism

Separation – the desire to establish a Separation – the desire to establish a politically independent Quebec and politically independent Quebec and to withdraw from Confederationto withdraw from Confederation

Sovereignty-Association – the idea Sovereignty-Association – the idea that Quebec would become a that Quebec would become a sovereign jurisdiction in all areas of sovereign jurisdiction in all areas of law making, but would maintain an law making, but would maintain an economic association with the rest of economic association with the rest of CanadaCanada

*Quebec Referendum: Round One*Quebec Referendum: Round One

May 20, 1980 – Levesque gov’t May 20, 1980 – Levesque gov’t campaigned for sovereignty campaigned for sovereignty associationassociation

Voter turnout exceeded 80%Voter turnout exceeded 80% Nearly 60% voted “no”Nearly 60% voted “no”

Quebec Referendum: Round OneQuebec Referendum: Round One "The Government of Quebec has made public its

proposal to negotiate a new agreement with the rest of Canada, based on the equality of nations; this agreement would enable Quebec to acquire the exclusive power to make its laws, levy its taxes and establish relations abroad — in other words, sovereignty — and at the same time to maintain with Canada an economic association including a common currency; any change in political status resulting from these negotiations will only be implemented with popular approval through another referendum; on these terms, do you give the Government of Quebec the mandate to negotiate the proposed agreement between Quebec and Canada?"

*Quebec Referendum: Round Two*Quebec Referendum: Round Two

Jacques Parizeau, PQ, round twoJacques Parizeau, PQ, round two October 30, 1995 – over 90% of October 30, 1995 – over 90% of

eligible voters participatedeligible voters participated 49.4% voted yes & 50.6% no49.4% voted yes & 50.6% no

Quebec Referendum: Round TwoQuebec Referendum: Round Two

“Do you agree that Quebec should become sovereign after having made a formal offer to Canada for a new economic and political partnership within the scope of the bill respecting the future of Quebec and of the agreement* signed on June 12, 1995?”

* Agreement was between 3 separatist parties, not Ottawa & Quebec

*Clarity Act, 2000*Clarity Act, 2000

SCC 1998 said Quebec can’t without SCC 1998 said Quebec can’t without consulting the rest of Canadaconsulting the rest of Canada

Ottawa would have to would have to Ottawa would have to would have to negotiate in “good faith” if a negotiate in “good faith” if a clear clear majority majority voted in favour of secession voted in favour of secession in response to a “in response to a “clearclear” question” question

Clarity Act, 2000Clarity Act, 2000 The key points of the legislation included the following: Giving the House of Commons the power to decide whether a

proposed referendum question was considered clear before the public vote;

Specifically stating that any question not solely referring to secession was to be considered unclear;

Giving the House of Commons the power to determine whether or not a clear majority had expressed itself following any referendum vote, implying that some sort of supermajority is required for success;

Stating that all provinces and the First Nations were to be part of the negotiations;

Allowing the House of Commons to override a referendum decision if it felt the referendum violated any of the tenets of the Clarity Act;

The secession of a province of Canada would require an amendment to the Constitution of Canada.

Example of A Clear QuestionExample of A Clear Question The referendum on independence to be The referendum on independence to be

held by Scotland in 2014 differs held by Scotland in 2014 differs dramatically from the two referendums dramatically from the two referendums Quebec held in 1980 and 1995.Quebec held in 1980 and 1995.

The issue in Scotland will be clear: The issue in Scotland will be clear: independence. Equally clear will be the independence. Equally clear will be the referendum question, just 10 words referendum question, just 10 words long:long:

““Do you agree that Scotland should be Do you agree that Scotland should be an independent countryan independent country?” ?”

Quebec’s Response – Bill 99Quebec’s Response – Bill 99 Called a "charter of collective rights" by Called a "charter of collective rights" by

Bouchard, Bill 99 asserted the right of the Bouchard, Bill 99 asserted the right of the "Quebec people" rather than the federal "Quebec people" rather than the federal government, to decide on Quebec's government, to decide on Quebec's futurefuture Said only Quebec legislature could decide Said only Quebec legislature could decide

rules for a future referendumrules for a future referendum Said 50% + 1 was a sufficiently clear majoritySaid 50% + 1 was a sufficiently clear majority Didn’t consult aboriginal leadersDidn’t consult aboriginal leaders

http://canadaonline.about.com/gi/dynamic/offsite.htm?http://canadaonline.about.com/gi/dynamic/offsite.htm?site=http://www.canlii.org/qc/laws/sta/esite=http://www.canlii.org/qc/laws/sta/e%2D20.2/20040901/whole.html%2D20.2/20040901/whole.html

Current Quebec PremierCurrent Quebec Premier

Premier Pauline MaroisPremier Pauline Marois Elected 2012Elected 2012 Sovereigntist Sovereigntist Minority government will likely stay Minority government will likely stay

handhand

*French Canadian Rights Take-*French Canadian Rights Take-Home WorkHome Work

Read pages 192 – 203Read pages 192 – 203 Take high-level notes on Quebec’s Take high-level notes on Quebec’s

Quiet Revolution, Separatism & Bill Quiet Revolution, Separatism & Bill 101101

Answer questions p.197, #1-4, Answer questions p.197, #1-4, p.198,p.198,

#1-6, p.202, #1-5 & p.203, #1-7 #1-6, p.202, #1-5 & p.203, #1-7 Take high-level notes on The Quebec Take high-level notes on The Quebec

Referendum: Rounds One and Two & Referendum: Rounds One and Two & The Clarity Act, 2000The Clarity Act, 2000

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*Aboriginal Rights*Aboriginal Rights

Over one million people of Aboriginal Over one million people of Aboriginal ancestry in Canada todayancestry in Canada today

12 distinct language families and 50 12 distinct language families and 50 different linguistic groupingsdifferent linguistic groupings


Aboriginal rights: rights that some Aboriginal rights: rights that some Aboriginal peoples of Canada hold as Aboriginal peoples of Canada hold as a result of their ancestor’s a result of their ancestor’s longstanding use of the land as longstanding use of the land as distinct nationsdistinct nations

Vary from group to groupVary from group to group


Collective rights: Rights acquired as Collective rights: Rights acquired as a result of membership in a groupa result of membership in a group

Their collective rights concern the Their collective rights concern the right to self-government and control right to self-government and control and use of landand use of land

Aboriginal RightsAboriginal Rights

*Royal Proclamation of 1763*Royal Proclamation of 1763

Recognized Aboriginal peoples as Recognized Aboriginal peoples as autonomous political units or nations and autonomous political units or nations and established the framework for future established the framework for future treaties. It declared that:treaties. It declared that: Aboriginal peoples were entitled to lands in Aboriginal peoples were entitled to lands in

their possession until or unless they gave or their possession until or unless they gave or traded them awaytraded them away

No one could purchase or settle on land No one could purchase or settle on land recognized as Aboriginal territory with the recognized as Aboriginal territory with the exception of the British Crown, which served as exception of the British Crown, which served as the only agent for transferring land between the only agent for transferring land between Aboriginal peoples and settlersAboriginal peoples and settlers


In 1867, BNA gave the federal gov’t In 1867, BNA gave the federal gov’t authority over “Indians and lands authority over “Indians and lands reserved for Indians” in s.91(24)reserved for Indians” in s.91(24)

Indian Act passed 1876Indian Act passed 1876 No consultation or recognition of the No consultation or recognition of the

right to Aboriginal peoples to self-right to Aboriginal peoples to self-governmentgovernment

*Aboriginal Rights*Aboriginal Rights Future treaties Aboriginal peoples traded Future treaties Aboriginal peoples traded

land for exclusive reserves and other land for exclusive reserves and other benefitsbenefits

From 1830 on gov’t policy of assimilation From 1830 on gov’t policy of assimilation (absorption)(absorption)

Problems with residential schools and Problems with residential schools and abuse followedabuse followed

Indian Act was quite patronizing and Indian Act was quite patronizing and before before R. v. DrybonesR. v. Drybones (SCC, 1970), the (SCC, 1970), the Act prohibited Aboriginals from being Act prohibited Aboriginals from being found in an intoxicated statefound in an intoxicated state


1969 White Paper – in late 1960’s, the federal 1969 White Paper – in late 1960’s, the federal government still expected the Aboriginal government still expected the Aboriginal people to assimilate into Canadian Lifepeople to assimilate into Canadian Life

White paper proposed to repeal the Indian Act White paper proposed to repeal the Indian Act and to amend the BNA Act to remove the and to amend the BNA Act to remove the distinction between Aboriginal peoples and distinction between Aboriginal peoples and other Canadiansother Canadians

Strong opposition from Aboriginal Canadians Strong opposition from Aboriginal Canadians led to the withdrawal of this proposal in 1971led to the withdrawal of this proposal in 1971

*Aboriginal Land Claims*Aboriginal Land Claims

*Land claims are formal demands made by *Land claims are formal demands made by Aboriginal peoples for ownership and Aboriginal peoples for ownership and control of lands on which they live/have control of lands on which they live/have traditionally livedtraditionally lived

In recent decades, various Aboriginal In recent decades, various Aboriginal groups have attempted to establish control groups have attempted to establish control over their traditional lands, based on the over their traditional lands, based on the argument that land still belongs to them argument that land still belongs to them because title to it was never extinguishedbecause title to it was never extinguished

This is true especially in BC where treaties This is true especially in BC where treaties had not been negotiatedhad not been negotiated

*Aboriginal Title to the Land: The *Aboriginal Title to the Land: The Nisga’a ClaimNisga’a Claim

*Calder v. A.G. of BC – SCC in 1973*Calder v. A.G. of BC – SCC in 1973, , decided that English law, in force when decided that English law, in force when colonization of BC began, had recognized colonization of BC began, had recognized Aboriginal title to the landAboriginal title to the land

*Case stood for the proposition that *Case stood for the proposition that Aboriginal title, as a legal concept, exists Aboriginal title, as a legal concept, exists in Canadain Canada

Following this case, in 1998 the Federal, Following this case, in 1998 the Federal, Prov (BC) governments and the Nisga’a Prov (BC) governments and the Nisga’a people reached a final agreementpeople reached a final agreement

*Land Claims*Land Claims

Specific land claimsSpecific land claims – claims that deal with – claims that deal with specific grievances that Aboriginal peoples specific grievances that Aboriginal peoples may have regarding the fulfillment of may have regarding the fulfillment of treaties and administration of lands and treaties and administration of lands and assets under the Indian Actassets under the Indian Act

Comprehensive land claimsComprehensive land claims – claims based – claims based on the recognition that there are continuing on the recognition that there are continuing Aboriginal rights to lands and natural Aboriginal rights to lands and natural resources; these claims occur where resources; these claims occur where aboriginal title has not been previously aboriginal title has not been previously dealt with by treaty or other meansdealt with by treaty or other means

Land ClaimsLand Claims

Land claims have proven difficult to Land claims have proven difficult to settlesettle

Boundaries are often difficult to Boundaries are often difficult to establishestablish

Until 1986, settlement of land claims Until 1986, settlement of land claims resulted in loss of claims and titleresulted in loss of claims and title

Also, non-Aboriginal Canadians “own” Also, non-Aboriginal Canadians “own” property in land-claim areas and have property in land-claim areas and have legal title to the land; resist legal title to the land; resist settlementssettlements


Between 1973 and 2003, 15 out of Between 1973 and 2003, 15 out of 85 claims have been settled and the 85 claims have been settled and the rest remain in negotiationrest remain in negotiation

*Aboriginal Rights*Aboriginal Rights Donald Marshall Jr. Donald Marshall Jr. – member of the – member of the

Mi’kmaq people, argued that he had the Mi’kmaq people, argued that he had the right to fish because of a 1760 treaty right to fish because of a 1760 treaty giving the Mi’kmaq people the right to giving the Mi’kmaq people the right to earn a “moderate living” by fishing and earn a “moderate living” by fishing and hunting year round without a licencehunting year round without a licence

Upheld by the SCC in 1999Upheld by the SCC in 1999, but gov’t still , but gov’t still has some conservation rightshas some conservation rights

Resulted in tension between Aboriginal Resulted in tension between Aboriginal fishermen and non-aboriginal fishermenfishermen and non-aboriginal fishermen

*Multicultural Rights*Multicultural Rights

Section 27 provides that the Charter Section 27 provides that the Charter shall be interpreted in a manner shall be interpreted in a manner consistent with the preservation and consistent with the preservation and enhancement of the multicultural enhancement of the multicultural heritage of Canadiansheritage of Canadians

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Documents

Chapter 7 – Majority and Minority Rights Unit 2 – Rights and Freedoms