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Collective Rights and Liberalism

Collective Rights and Liberalism

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Collective Rights and Liberalism

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  1. Collective Rights and Liberalism

  2. The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities -Lord Acton, 1877- Do you agree? Why or why not?

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

  4. CANADIAN CHARTER OF RIGHTS AND FREEDOMS, 1982

  5. The CCRF, 1982 contains the following: • Individual Rights • Collective Rights • Language rights • Aboriginal rights • Multicultural character of Canada

  6. Pierre Elliott Trudeau • His goal was to entrench rights • He succeeded by having the CCRF, 1982 enshrined in the Constitutional Act What does it mean to entrench rights? What does it mean “to enshrine” in the Constitution?

  7. Supreme Court of Canada extends rights Can no longer fire people based on their sexual orientation Delwin Vriend Case Collective Rights Come From The Extension of Individual Rights Government extends rights via the written constitution Government could no longer morally intervene in divorce, homosexuality and abortion Trudeau’s Omnibus Bill, 1968 http://archives.cbc.ca/politics/rights_freedoms/topics/538-2671/

  8. 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: • 1st 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 LANGUAGE RIGHTS

  9. Aboriginal Rights