Complexities of Liberalism in Practice Chapter 11 Social 30-1

Maher Arar Arar discussing his detainment and torture Read Page 368 Text To what extent do you think the actions of the US and Syrian governments challenged individual or collective rights? What role does Canada play in the Arar Affair?

Promoting Rights Fundamental Rights: (necessary for an individual to enjoy free will or personal autonomy) – Life, Liberty, and Personal Safety – Guaranteed in Legislations (entrenched): Canadian Charter of Rights and Freedoms (1982) Quebec Charter of Human Rights and Freedoms (1975) Bill of Rights (1791)

Protection ensures that rights legislation cannot be easily overturned without due process. Due Process consists of major debate in government, amendment formulas and public support; however, change is needed to keep up with the times. For example: Women’s Rights, Aboriginal Rights and African-American Rights

RULE OF THUMB NO INDIVIDUAL HAS THE RIGHT TO INFRINGE ON THE RIGHTS OF OTHERS. INDIVIDUAL RIGHTS CAN AND MUST BE BALANCED IN THE INTERESTS OF PERSERVING THE RIGHTS OF EVERYONE IN THE COMMUNITY.

Collective Rights and Liberalism

The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities -Lord Acton, Do you agree? Why or why not?

Collective Rights in Canada Modern liberalism can accommodate collective rights Minority rights are protected Supreme Court of Canada gives collective rights high priority 4 organizing constitutional principles in Canada Federalism Democracy Rule of Law Respect for minorities Primary difference between the Canadian Charter of Rights and Freedoms and the American Bill of Rights is the inclusion of collective rights Page 378

CANADIAN CHARTER OF RIGHTS AND FREEDOMS, 1982 The CCRF, 1982 contains the following: Individual Rights Collective Rights Language rights Aboriginal rights Multicultural character of Canada

Pierre Elliott Trudeau His goal was to entrench rights He succeeded by having the CCRF, 1982 enshrined in the Constitutional Act

Collective Rights Come From The Extension of Individual Rights Supreme Court of Canada extends rights Government extends rights via the written constitution Delwin Vriend, Delwin Vriend, 1999 Case 5 Page 371 Can no longer fire people based on their sexual orientation Trudeau’s Omnibus Bill, 1968 Government could no longer morally intervene in divorce, homosexuality and abortion

LANGUAGE RIGHTS ALBERTA Alberta School Act, 1968 Use of French as a language of instruction 50% of daily school time Extended to 80% in 1976 Applied to publicly funded schools CANADA CCRF, 1982 Sec 23 (1)(a)(b) instruction provided in minority language if: 1 st language learned was French or English where they live, OR One has received primary education in English or French and the language is of the minority where one lives

Aboriginal Rights Aboriginal rights are also protected in the CCRF, 1982 Section 25Section 26Section 35 CCRF cannot be used to take away Aboriginal or Treaty rights Rights granted cannot be used to deny other rights that exist in Canada Existing Treaty & Aboriginal rights affirmed Aboriginals include: Indian, Inuit and Métis Include rights via land claims or those future acquired Granted equality to males and females

Illiberal Practices in Liberal Democracies

Smoker’s Rights Denied Anti-Smoking movement is promoting the exclusion of 5 million Canadians which equals 20 % of the population. Should the government pass legislation to restrict the rights of individuals?

 1867 BNA Act, 1867 excluded women from voting  Until 1960 Natives and other non-whites were excluded from voting  During the 19 th century, postmasters and postal employers in various provinces could not vote  1917 to 1920 War Times Election Act – Italian, German and Ukrainian Canadians, along with Mennonites, Hutterites and Doukhobors who spoke an enemy language lost the right to vote  1934 to 1955 – Doukhobors and others who refused to bear arms or conscientiously objected to military service lost the right to vote

Special Designation for Gay Marriages In Vermont, USA, there is a special category on forms that is called a “civil union” in Canada in the Constitution we have legally redefined the term marriage. What are the disadvantages of checking off “civil union” on a document?

Racial Segregation In 1946, Viola Desmond was fined and charge for sitting in the lower “white only” section or a theatre in New Glasgow Nova Scotia. Court ruled against her claim of segregation.

The War Measures Act The War Measures Act – gave emergency powers to the government when the existence of “war, invasion or insurrection, real or apprehended” was present. Used During: – WWI – WWII – 1970 October Crisis

War Measures Act WWI Used from 1914 – 1918 Canadians with an ethnic background from Germany, Austria-Hungary or the Ottoman Empire were declared “enemy aliens” The Act limited: – Freedom and privacy – “enemy aliens” had to register themselves and carry ID cards – Censorship – could not publish or read anything except English and French – Mobility – could not leave the country without permits – Private Property – could not own a firearms – Freedom of Association – could not join groups deemed inappropriate, dangerous or seditious – Faced deportation, internment camps, confiscation of property NO apology was granted after WWI nor were people released from camps immediately. (2 years)

War Measures Act WWII Japanese Canadians were interned (22, 000 ppl) Most interned Japanese were native-born Canadians Military and RCMP dismissed public claims of the “Japanese danger” as inaccurate and based upon no evidence. Problem was the anti-Japanese public opinion year old males were sent to work camps Women sent to the BC wilderness to live in communal buildings

Japanese Internment and Work Camps

WWII – WMA Japanese faced poor living conditions Japanese property was seized and sold without compensation End of WWII, Japanese could either be deported or move east of the Rockies as they were banned from BC 1949 – regain the right to go back to BC 1988 – PM Mulroney acknowledged unjust actions and $21,000 in compensation for those who could prove they were directly wronged.

1970 October Crisis FLQ Overview FLQ – use of socialism, violence and terrorism to reach their goals James Cross and Pierre LaPorte kidnapped LaPorte is assassinated LaPorte Trudeau deemed this “apprehended insurrection” FLQ was outlawed Canadians would be presumed a member if one attended a meeting or spoke favourably of the FLQ.

October Crisis people were arrested without warrants i.e. teachers, artists, journalists, unionists – people who supported Quebec Nationalism Criticisms: – powers of government were too broad for 2 kidnappings and one murder – Treated all separatists as terrorists "Just Watch Me"

Post 9-11 Reactionism Restrictions on Religious Symbols USA PATRIOT Act, 2001 No Fly List

Restriction on Religious Symbols Began in the 1990s to secularize public institutions i.e. limited prayer in Parliament Recently France implemented laws which were discriminatorily applied to the hijab (Muslim) and turbans (Sikh), yet yarmulkes (Jewish) and crosses (Christian) were allowed. Students wearing the hijab or turbans were expelled. Sikhs and Muslims sued the French government and were reinstated to school BUT the law remains. Belgium followed suit and no visible symbols of philosophical, religious, political or other opinions were to be worn by public servants when serving in public.

USA PATRIOT ACT What is it? The Act dramatically reduced restrictions on law enforcement agencies' ability to search telephone, communications, medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The Act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers can be applied.

US PATRIOT ACT, 2001 Why was the act needed? – “Need for the increased security to deter and punish terrorist acts in the US and around the world” – US Government Opposition to the Act? The Act was heavily challenged by groups that saw the law as a threat to personal liberties.

USA PATRIOT ACT, 2001 US Courts Ruled Against: 1.National Security Letters – sensitive customer information from the Internet providers and other businesses seized without a warrant. 2.Gag Provision – censorship of protestors who opposed the PATRIOT Act Reality of the Act is that it has been used to target minority groups such as Muslims and Arabs.

No Fly Lists Transport Canada’s Specified Person List - someone “potentially posing an immediate threat to aviation security” – If on the list you may not be allowed on domestic flights in Canada Criticisms: – You are NOT told you are on the list – Potential racial profiling – Denies legal rights “ innocent until proven guilty” and you cannot challenge your inclusion on a list Example: Maher Arar Illiberalism review