CHAPTER 11

1. CHAPTER 11

2. Complexities of Liberalism in Practice To what extent should democratic governments promote and protect individual and collective rights?

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.

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

5. Protection of Rights in Liberal Democracies Canadian Charter of Rights and Freedoms • Entrenched in our constitution • Liberal democracies: rights legislation is protected by law and cannot be modified without extensive public consultation. • 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.

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

7. Criticism of rights legislation • 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.

8. The Promotion of Collective RightsTo 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

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 – Métis arrested for hunting without a licence. • Supreme court rules in favour of Metis who can prove a connection to a stable continuous community.

10. Collective or Individual Rights?

11. Test your knowledgeCollective or Individual Rights?

12. Balancing perceived Common Good with Respect for Rights Bill 101 1977 • Protect French culture and language with 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 • 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 child’s brother or sister went to an English school

13. 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.

14. Restrictions on Religious Symbolism

15. Restrictions on Religious SymbolismTo 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 group’s freedom of religious practice is in need of protection. • 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. • What arguments might a liberal democracy use to restrict the rights of its citizens?

16. Rejecting the principles of LiberalismShould 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?

17. Challenging the principles of Liberal Democracies • Times of war • International and national emergencies • Environmental crises • Illiberal Policies are not always collectively applied

18. Illiberal Policiesin a liberal democracy War Measures Act Invoked 3 time Sweeping powers to the government WWI Germans Ukrainians Hungarians German-speaking Hutterites and Mennonites

19. War Measures ActWWII • 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. • 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 countries—Poles, Ukrainians, Hungarians, Czechs, and others—were labelled as possible saboteurs or Nazi sympathizers

20. French / English RelationsA bit of Background1917- Conscription and WWI: • P.M. Robert Borden introduced the Military Service Bill. Borden promised no conscription when elected. • Conscription lead to riots by Quebeckers

21. 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.

22. 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 1960’s era. • Low rung on society’s ladder • 50% hadn’t completed grade school • 2 % attended University • Underpaid and over exploited 3

23. 1960 The Quiet Revolution: • 1963 Ottawa commissions a national study into Quebec’s 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.

24. Events that occurred during the Quiet Revolution. • Shook off the corrupt remnants of Duplessis (Duplessisorphans 40’s – 60’s) • Broke the smothering grip of the Roman Catholic Church • Overcame control of English speaking Quebec

25. Front de liberation du Quebec

26. FLQ • 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

27. October 1970 – FLQ Crisis • Terrorism and violence erupted in Montreal with the kidnapping of British diplomat James Cross and Quebec Labour Minisster Pierre Laporte. • Laporte executed

28. War Measure Act (3rd 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

29. Modern Illustrations of RestrictionsProtection or Censorship? Canada - Afghanistan • Canada’s 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

30. Canada’s 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.

31. Canada’s 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?

32. Emergencies and Security Legislation Today 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

33. Canada’s 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.

34. Canada’s 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 • Government reaction http://video.google.ca/videoplay?docid=-1102482370694308682&ei=x4YcS8GJApHUqwLYhsngCA&q=Maher+Arar&hl=en#

35. Afghanistan USA “Stop-loss” provisionDictate 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.

36. 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

37. The USA Patriot Act 2001 Pro Con • Supporters say the provisions have greatly enhanced information sharing within the FBI, and with the intelligence community at large. • The government says roving wiretaps are needed to deal with technologically sophisticated terrorists. • The provision allows investigators to obtain books, records, papers, documents and other items sought "in connection with" a terror investigation. • Allows investigators to get a foreign intelligence wiretap or search order, even if they end up bringing criminal charges instead. • 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. • Supporters say it helps cut off the support networks that make terrorism possible. • Critics warn that unrestricted sharing could lead to the development of massive databases about citizens who are not the targets of criminal investigations. • Critics say the language of the act could lead to privacy violations of anyone who comes into casual contact with a suspect. • Critics attack the breadth of the provision, saying the law could be used to demand the reading records of library or bookstore patrons. • Because foreign intelligence probes are conducted in secret, with little oversight, critics say abuses could be difficult to uncover. • Critics say the provision allows the use of "sneak and peek" warrants for even minor crimes, not just terror and espionage cases. • Critics say the provision could lead to guilt by association.

38. Should Liberal Democracies Always Adhere to the Principles of Liberalism? Pg 395 – 404 • Complete Review worksheet War Measures Act, Emergencies, Anti Terrorism Act (Handout)

39. END • Chapter 8,9,11 test