To what extent should democratic governments promote and
protect individual and collective rights?
https://www.youtube.com/watch?v=YAIM1q zO9_w
Slide 3
Collective & Individual Rights They are not interchangeable
What individual rights do you have at school? To gather with
friends in a designated area To express reasonable personal points
of view To vote for the school council To choose elective courses.
What collective rights to you have at school? All students are
provided with a safe and secure environment in which to learn and
interact with others Respecting others through adhering to specific
behavioural stands Recycling food and drink containers
Acknowledging school build and grounds as a smoke free location,
Participating in fire drills and lock-downs.
Slide 4
Protection of Rights in Liberal Democracies To understand the
degree to which governments promote individual and collective
rights we have to investigate fundamental rights. Fundamental
Rights Necessary for an individual to enjoy free will or personal
autonomy Life Liberty Personal safety
Slide 5
Protection of Rights in Liberal Democracies Canadian Charter of
Rights and Freedoms Entrenched in our constitution Entrenched in
our constitution Liberal democracies: rights legislation is
protected by law and cannot be modified without extensive public
consultation Liberal democracies: rights legislation is protected
by law and cannot be modified without extensive public
consultation. Allows for flexibility as society evolves. Allows for
flexibility as society evolves. Charter has limits to individual
rights No individual has the right to infringe on the rights of
others. Individual rights can and must be balanced in the interests
of preserving the rights of everyone in the community. Individual
rights can and must be balanced in the interests of preserving the
rights of everyone in the community.
Slide 6
Multiple guarantees of rights in a nation Legislation within
the national constitution Quebec Charter of Human Rights and
Freedoms deals specifically with issues within Quebec. Overruled by
the Canadian Constitution and the Canadian Charter of Rights and
Freedoms
Slide 7
Criticism of rights legislation Focus on the rights of
individuals at the expense of the rights of the community. Focus on
the rights of individuals at the expense of the rights of the
community. What good is rights and freedoms to a poverty- stricken
person who is denied education. Can have little real power
Dictatorships may have rights as apart of their constitution, but
be ignored for the goods of the state. Dictatorships may have
rights as apart of their constitution, but be ignored for the goods
of the state.
Slide 8
The Promotion of Collective Rights To what degree do
governments promote the protection of group or collective rights?
In liberal democracy groups see protection of their collective
rights as the responsibility of the government. Example collective
rights: policy of Affirmative action 1961 Supporters argue it
address inequalities Opposition argue it creates reverse
discrimination
Slide 9
Recognition of Collective Rights Francophone Schools in Alberta
1990 Challenge the govt. to the supreme court of Can. Supreme court
rules in favour of Francophone community. Aboriginal and treaty
rights challenge 1993 Steve Powley Mtis arrested for hunting
without a licence. Supreme court rules in favour of Metis who can
prove a connection to a stable continuous community.
Slide 10
Collective or Individual Rights? ExampleCollective or
Individual Rights Aboriginal rights Right to be secure against
unreasonable search or seizure Freedom of thought, belief, opinion,
and expression. Equality rights (freedom for discrimination)
Official language rights Preservation and enhancement of the
multicultural heritage of Canadians. Mobility rights
Slide 11
Test your knowledge Collective or Individual Rights?
ExampleCollective or Individual Rights Aboriginal rightscollective
Right to be secure against unreasonable search or seizure
individual Freedom of thought, belief, opinion, and expression.
Individual Equality rights (freedom from discrimination) individual
Official language rightscollective Preservation and enhancement of
the multicultural heritage of Canadians Individual/collective
Mobility rightsindividual
Slide 12
Balancing perceived Common Good with Respect for Rights An
argument for protecting English speaking Canada An argument for
protecting French speaking Canada http://www.youtube.com/wa
tch?v=yX4IYXaYVko http://www.youtube.com/wa tch?v=yX4IYXaYVko
http://www.youtube.com/watc h?v=5yJ_HrZImWQ
http://www.youtube.com/watc h?v=5yJ_HrZImWQ
Slide 13
Balancing perceived Common Good with Respect for Rights Bill
101 1977 Protect French culture and language with the province of
Quebec. Protect French culture and language with the province of
Quebec. French is the official language of the province of Quebec
French is the official language of the province of Quebec All
business of the government and courts will be carried on in French
All business of the government and courts will be carried on in
French The people of Quebec have a right to: Speak French at work
Be waited on in French in stores Be taught in French at school All
children must be taught in French, except: Those who have had a
parent attend an English school in Quebec If one parent went to an
English school anywhere If the childs brother or sister went to an
English school
Slide 14
Balancing perceived Common Goods with Respect for Rights
Complete worksheet (chart on Bill 101 Handout) Read Voices page 384
/ 85 Write answers for Questions 1 & 2 page 385 into your
notes. Read pages 386 and 387-389 summarize the differing
perspectives on Collective Rights Between the Canadian Government
and the United Nations.
Slide 15
Restrictions on Religious Symbolism
Slide 16
Quebec attempts to religious symbols
http://www.cbc.ca/news/politics/quebec-religious-symbols-ban-proposal-roundly-condemned-1.1352729
http://www.cbc.ca/news/politics/quebec-religious-symbols-ban-proposal-roundly-condemned-1.1352729
Amend the Quebec Charter of Human Rights and Freedoms Establish a
duty of neutrality and reserve for all state personnel (including
state- funded education and health care workers). Limit the wearing
of "conspicuous" religious symbols for said personnel. Make it
mandatory to have ones face uncovered when providing or receiving a
state service. Establish an implementation policy for state
organizations Quebec Premier Pauline Marois receives the tables
Charter of Quebec values from Minister Responsible for Democratic
Institutions and Active Citizenship Bernard Drainville at the
legislature in Quebec City, Tuesday, Sept. 10, 2013. (Jacques
Boissinot / THE CANADIAN PRESS) Died in 2014 with the election of
the liberal party
Slide 17
Restrictions on Religious Symbolism To what extent is the
individual right to freedom of religious expression important to
you and your identity? Freedom from discrimination based on
religious beliefs is an individual right. It can also be considered
a collective right in some countries when a groups freedom of
religious practice is in need of protection. Liberal democracies
may find themselves acting in illiberal ways. Liberal democracies
may find themselves acting in illiberal ways. Read pages 390 -392
Handout Identify examples of how liberal democracies have
restricted individual and collective rights. Identify examples of
how liberal democracies have restricted individual and collective
rights. What arguments might a liberal democracy use to restrict
the rights of its citizens? What arguments might a liberal
democracy use to restrict the rights of its citizens?
Slide 18
Rejecting the principles of Liberalism Should Liberal
Democracies Always Adhere to the Principles of Liberalism? Why
would this anti-smoking commercial be seen by some as a restriction
of liberalism while others would see it as an acceptable course of
action?
Slide 19
Challenging the principles of Liberal Democracies Times of war
International and national emergencies Environmental crises
Illiberal Policies are not always collectively applied
Slide 20
Illiberal Policies in a liberal democracy War Measures Act
Invoked 3 time Sweeping powers to the government WWI Germans
Ukrainians Hungarians German-speaking Hutterites and
Mennonites
Slide 21
War Measures Act WWII Japanese-Canadians immediately became
suspect of supporting or collaborating with the enemy. Recent
arrivals from Axis-dominated countries, those with accents or
foreign (non-British) sounding names, and Japanese-Canadians
immediately became suspect of supporting or collaborating with the
enemy. became part of the national lexicon. Terms such as fifth
column (saboteur), Quisling (traitor), and enemy alien (citizens of
countries with which Canada was at war), became part of the
national lexicon. In addition to people of German, Italian, or
Japanese ancestry, most people from eastern European
countriesPoles, Ukrainians, Hungarians, Czechs, and otherswere
labelled as possible saboteurs or Nazi sympathizers
Slide 22
French / English Relations A bit of Background 1917-
Conscription and WWI: P.M. Robert Borden introduced the Military
Service Bill. Borden promised no conscription when elected.
Conscription lead to riots by Quebeckers
Slide 23
1944 Conscription and WWII: P.M. Mackenzie King promised
conscription would not be introduced. King staged a referendum on
the issue. It passes but 71 % of Quebeckers voted no.
Slide 24
1960 The Quiet Revolution: A swift socio-cultural change away
from conservative policies toward a highly secular, socially
liberal welfare state Lesage elected Premier of Quebec in 1960 and
implements reforms in the province. Grievances of the
French-speaking majority in Quebec at the outset of the 1960s era.
Low rung on societys ladder 50% hadnt completed grade school 2 %
attended University Underpaid and over exploited 3
Slide 25
1960 The Quiet Revolution: 1963 Ottawa commissions a national
study into Quebecs concerns called the Royal Commission of
Bilingualism and Biculturalism. 1967 reports reveals the extent of
disadvantages experienced by French-speaking Canadians. Trying to
maintain their culture and language Trying to progress economically
was overwhelming.
Slide 26
Events that occurred during the Quiet Revolution. Shook off the
corrupt remnants of Duplessis (Duplessis orphans 40s 60s) Broke the
smothering grip of the Roman Catholic Church Overcame control of
English speaking Quebec
Slide 27
Front de liberation du Quebec
Slide 28
Terrorist group Wants separation for Quebec Political and
economic change was too slow. Acts of Sabotage bomb armoires, RCMP
stations, CNR stations, and federal government buildings mailboxes,
Montreal Stock Exchange WMA Broadcast
Slide 29
October 1970 FLQ Crisis Terrorism and violence erupted in
Montreal with the kidnapping of British diplomat James Cross and
Quebec Labour Minister Pierre Laporte. Laporte executed
Slide 30
War Measure Act (3 rd time) The federal government invoked the
War Measures Act and sent troops to Quebec. Cancelling of all
citizens civil liberties in answer to a challenge by a few
individuals. Being a member of the FLQ is a crime Arrested without
cause Held without bail Did not have access to a lawyer Just Watch
me http://www.youtube.com/watch?v =XfUq9b1XTa0 7.5min
http://www.youtube.com/watch?v =XfUq9b1XTa0
Slide 31
Modern Illustrations of Restrictions Protection or Censorship?
Canada - Afghanistan Canadas appeal to soldiers to use caution with
communicating with family and friends. Constraining media for
entering sites of direct conflict. Conflicting views Terrorists
could use the information to further their cause, putting soldiers
and the general public at risk. Infringement of citizens
rights
Slide 32
Canadas Anti-Terrorism Act Highlights of the Anti-terrorism
Act: It gives the police wide, sweeping powers to act on suspected
acts of terrorism. It allows suspected terrorists to be detained
without charge for up to three days. It makes it easier for the
police to use electronic surveillance, which used to be seen as a
last resort. It allows for preventive arrests. It allows judges to
compel witnesses to give evidence during an investigation. It
allows for the designation of a group as a terrorist
organization.
Slide 33
Canadas Anti-Terrorism Act Read the investigation page 396-97
Is the Anti-Terrorism Act a rejection of liberal principles? To
what degree is the act placing the perceived common good of
citizens above individual rights? Abdullah press conference
Slide 34
BILL C-51 Prime Minister Harper May 22nd No legitimate reason
of any kind in this country for someone to become a violent
jihadist or a terrorist or to join any kind of group that is
involve or advocates that kind of activity. It is totally
unacceptable to Canada and Canadians and unacceptable to this
government.
Slide 35
Bill C-51 Why? Introduced January 2015 Extend Canadas
anti-terror laws implemented after 9/11 Public Safety Minister
Steve Blaney, is in line with the governments firm commitment to
protect Canadians from jihadist terrorists who seek to destroy the
values Canadians hold dear. The international jihadist movement has
declared war on Canada and our allies, Blaney told the House of
Commons on Feb. 18. As we have seen, terrorists are targeting
Canadians simply because they despise our society and the values it
represents.
Slide 36
What does in entail? facilitate information sharing among 17
(and some say more than 17) federal institutions give police powers
that would allow them to preventatively detain or restrict terror
suspects ban the promotion of terrorism, allow the public safety
minister to add people to Canadas no-fly list, enhance the powers
of Canadas spy agency CSIS. Increase in funding to RCMP $150.4
million over 5 years and Border-services $5.4 million over 5
years.
Slide 37
Critics of the Bill C-51 Critics of the Bill C-51 letter No Fly
List no explanation/mobility rights CSIS power would be less
restricted. Only need a warrant if its conducting activity that
contravenes existing laws or Canadas Charter. Privacy E.g. Tax
information, Donations, Chill on freedom of speech Guaranteed human
rights such as liberty, privacy and freedom of expression are not
protected from the expanded CSIS powers afforded by the bill.
http://www.cbc.ca/player/News/Canada/ID/2658401422/
https://ca.news.yahoo.com/video/amnesty-international-canada-
concerned-bill-135958577.html
https://ca.news.yahoo.com/video/amnesty-international-canada-
concerned-bill-135958577.html
Slide 38
Response from the government Public Safety Minister Steve
Blaney, What is your thoughts on his comments? Is it
necessary?
Slide 39
Canadas No-Fly List Specified Persons list Identifies as
potentially posing a threat to aviation security. Read page 403 -
404 Summarize the criteria for determining who may be places on the
list page 404 fig. 11-21 into your notes. Are they fair and
adequate or are they to limited? Maher Arar
http://www.youtube.com/watch?v =0x7fcDJdNuw
http://www.youtube.com/watch?v =0x7fcDJdNuw Government reaction
http://video.google.ca/videoplay?docid=-
1102482370694308682&ei=x4YcS8GJApHUqwLYhsngC
A&q=Maher+Arar&hl=en#
http://video.google.ca/videoplay?docid=-
1102482370694308682&ei=x4YcS8GJApHUqwLYhsngC
A&q=Maher+Arar&hl=en#
Slide 40
Afghanistan USA Stop-loss provision Dictate the length of a
soldiers enlistment time (up to an additional 15 months).
Government Position Opposition to Stop-loss A necessary policy to
maintain leadership by experienced soldiers. Helps to maintain
military personnel. US government hopes to have 547 thousand active
soldiers by 2010. Soldiers sign a contract that stipulates a the
possibility of Stop-loss. 2009 more than 12,230 soldiers are under
stop-loss orders, compared to 8,540 in May 2007, Few options
dishonourable discharge, leave the country, possible prison term.
http://www.youtube.com/watch?v=CXe7PNvsU54 10 min continued
http://www.youtube.com/watch?v=CXe7PNvsU54
http://www.democracynow.o rg/2008/7/11/stop_loss_a_loo k_at_the use
http://www.democracynow.o rg/2008/7/11/stop_loss_a_loo
k_at_the
Slide 41
A public welfare emergency is defined as one that is caused by
real or imminent: Natural catastrophe Disease in humans, animals or
plants Accident or pollution Resulting in danger to life or
property, social disruption or a breakdown in the flow of essential
goods, services or resources so serious as to constitute a national
emergency
Slide 42
Canadas Emergencies Act Protect the rights of Canadians by
clearly defining an emergency situation. Limits the power of
government obligated to specify the section of the emergency
measures apply. Must take into account citizens rights according to
the Charter of Rights and Freedoms.
Slide 43
The USA Patriot Act 2001 Response to 911 need to increase
security within the country and to protect its citizens from
outside threats. increased the ability of law enforcement agencies
to search telephone, e-mail communications, medical, financial, and
other records. This was a considerable change to earlier laws and
significantly increased access to such information, including
"sneak and peek" warrants and wiretaps; 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 enhanced the discretion of law enforcement and
immigration authorities in detaining and deporting immigrants
suspected of terrorism-related acts. Challenges to the act Threat
to personal liberties Centralization of government powers Subverts
the rights of minorities
Slide 44
The USA Patriot Act 2001 Pro Con 1. Supporters say the
provisions have greatly enhanced information sharing within the
FBI, and with the intelligence community at large. 2. The
government says roving wiretaps are needed to deal with
technologically sophisticated terrorists. 3. The provision allows
investigators to obtain books, records, papers, documents and other
items sought "in connection with" a terror investigation. 4. Allows
investigators to get a foreign intelligence wiretap or search
order, even if they end up bringing criminal charges instead. 5.
Supporters say this provision has already allowed investigators to
search the houses of drug dealers and other criminals without
providing notice that might have jeopardized an investigation. 6.
Supporters say it helps cut off the support networks that make
terrorism possible. 1. Critics warn that unrestricted sharing could
lead to the development of massive databases about citizens who are
not the targets of criminal investigations. 2. Critics say the
language of the act could lead to privacy violations of anyone who
comes into casual contact with a suspect. 3. Critics attack the
breadth of the provision, saying the law could be used to demand
the reading records of library or bookstore patrons. 4. Because
foreign intelligence probes are conducted in secret, with little
oversight, critics say abuses could be difficult to uncover. 5.
Critics say the provision allows the use of "sneak and peek"
warrants for even minor crimes, not just terror and espionage
cases. 6. Critics say the provision could lead to guilt by
association.
Slide 45
NSA/Patriot Act Renewal ??
http://www.theguardian.com/us-news/nsa Chris Christie Defends NSA
In Hawkish Foreign Policy Speech Civil liberties group accuses US
government of running a program 'akin to snatching every American's
address book'
Slide 46
USA Freedom Act
http://thehill.com/policy/national-security/243167-
scramble-begins-as-patriot-act-teeters
http://thehill.com/policy/national-security/243167-
scramble-begins-as-patriot-act-teeters
Slide 47
Should Liberal Democracies Always Adhere to the Principles of
Liberalism? Pg 395 404 Complete Review worksheet War Measures Act,
Emergencies, Anti Terrorism Act (Handout)