Categories
News

Notwithstanding Clause

Original Article on CBC

What does the notwithstanding clause do?

The notwithstanding clause allows the federal government or a provincial legislature to enact legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights.

These include freedom of expression, freedom of assembly, and freedom from unreasonable search and seizure, to name a few. But a number of other Charter rights cannot be overridden. These include democratic rights, mobility rights, and the equality of men and women.

Simply put, this override power allows governments to create laws that will operate in spite of (or “notwithstanding”) some Charter rights that the laws appear to violate.

This override power is temporary. Any notwithstanding clause declaration expires after five years, but can be re-enacted indefinitely.

Categories
Notes

Feb.28 Discussion Questions

Ibbitson, Let Sleeping Dogs Lie

1. The author argues that there is a “lack of national homogeneity” in Canada and that each region has a separate identity.  Do you agree?  If so, do you think this is a problem?

2. The author writes: “It is the easiest thing to feel Canadian, because it means so little.”  Does the label Canadian really mean so little?

3. Do you think that the author underestimates the desire of some groups to behave in ways that go against the Canadian Charter of Rights and Freedoms?

4. The author claims that we live “in a society built on an economy that encourages success and judges people in large measure by their ability to achieve it.”  Is this true or overly idealistic?

Smith, “Cement for the Canadian Mosaic”: Performing Canadian Citizenship in the Work of John Murray Gibbon

1. Considering Gibbon’s work is from the early twentieth century, does his work still accurately reflect the racial hierarchy and prejudice in the modern Canadian society? If not, what has changed? What do you think instigated such changes?

2. Smith comments that Gibbon treats cultural festivals like they are commercialized packages. Have you seen or experienced a cultural display that you felt was of the same nature? What made you feel that it was superficial or commercial?

3. This article extensively discusses the “management of culture/ethnicity” which is mostly carried out by British Canadians towards non-Anglo immigrants and citizens. Do you think this management can occur within a culture? In other words, do we consciously try to package our own culture to look presentable to Anglo-Canadians?

4. “This inherent instability of the authenticity of the settler subject leads … to attempts to establish the settler’s “native” legitimacy … through representation and discourse.” (Smith 45). What would happen if Anglo-Canadians were not to assert this sense of legitimacy? Would it weaken or strengthen the nation as whole?

5. Smith states that GIbbon didn’t even consider visible minorities as a part of the Canadian mosaic because they can’t be assimilated. How would you define a successful assimilation? In what ways would Canada change if it practiced an immigration policy akin to that of the US?
*(As of 2006 visible minorities formed 16.2% of Canada’s population.)

Categories
Notes

Week 8 Discussion Questions

Feb. 21st Discussion Questions

Canadian Multiculturalism

1. The report claims that the Multiculturalism Act seeks to promote the minority participation in governmental institutions. But we rarely see non-white politicians in Canada. In your opinion what discourages so-called “visible minorities” from running for elections? Or, is it that they attempt to participate but are seldom elected? And how can we try to build a parliament that is more ethnically diverse? (That is, apart from the Act.)

2. The report notes that the Quebecois perceive the Multiculturalism policy as an attempt to diminish the French Canadian culture into that of a minority. Considering British Columbia is overwhelmingly Anglophone, does this worry have some validity? Should English and French Canadian cultures receive a different treatment from others for their status as the “founders” of Canada?

3. The BC government is to “generally, carry on government services and programs in a manner that is sensitive and responsive to the multicultural reality of British Columbia.” What are your thoughts on this requirement? Is it reasonable? Limiting?

4. How do you feel about there being such a high number of Canadians born outside of Canada? Why do you think there is such a high level of immigration from Asia?

5. Do you agree with the statement of “Granatstein also argues that multiculturalism policies have helped spread the idea among immigrants and even native-born Canadians that Canada, particularly English-speaking Canada, has no culture and identity of its own.”? How would you describe Anglo-Canadian culture?

6. What do you think of the idea of teaching various ethnic minority languages in public schools? Do you think it should be mandatory or optional? How many would there be, and how do you decide on which languages would be offered?

Canadian Multiculturalism Act

1. The Multiculturalism Act mentions multiculturalism as heritage of Canada. Is Canada achieving its aspiration as stated in (3j)?

(3j) advance multiculturalism throughout Canada in harmony with the national commitment to the official languages of Canada

2. How effective is the Act? Is there an enforcement mechanism? How would a government oversee its progress?

Feb. 25th Discussion Questions

Marketing Canadian Pluralism in the International Arena By Kymlicka (pg. 8-25)

1)    What are your thoughts on the reasons behind the marketing of Canadian pluralism? Would you agree with one of Kymlicka’s arguments that domestic scepticism on Canadian model for diversity is challenged or suppressed by the international reputation of diversity in Canada? Why or why not?

2)     What are the root causes of the criticisms of the model of diversity in Canada and how could a disparity between the government and the public on the policy be reconciled?

3)     What circumstances make a pluralist society possible and successful in Canada, relative to other countries?

4)     What would be the role of Canada in the international community to protect the rights of the minorities?

Canada – J’accuse/J’adore By Meisel (pg.95-117)

1) Do you personally think that Canada is, or can be too accommodating to

newcomers/minorities? Is this an important distinguishing characteristic that makes

Canada, Canada?

2) Are reparation payments fair? How do you feel that these payments should be divided, especially generations after the act itself. What criteria should there be in order to seek payment?

3) How do you feel about the hyphenated-Canadian? Do you think it helps preserve original heritage, or is a road block on the way to being a ‘true’ Canadian?

Categories
Notes

Week 6: Feb. 11th Discussion Questions

Culture clubs at UBC:

1) What are the benefits and costs of having culture clubs at UBC?

2)  Are culture clubs perpetuating the notion of cliques within the university? What are the implicit “criteria” that these clubs are requiring for prospective members?

3) How can culture clubs reach their potential?

4) If more people today identify with “hybrid” identity or a blend of more than one cultural background, what choices are there for these students in terms of participating in culture clubs? In other words, how do you imagine the culture clubs to look like in the future?

5) How can UBC, as an institution, help culture clubs expand their membership to various ethnic groups?

Forum Questions:

1) Do you think culture clubs contribute to promoting intercultural understanding in campus? If so, then in what ways? If not, what has made you think so?

2) If you think culture clubs need improvement, which aspect would you modify and how?

Categories
News

“Canadians view immigration more positively than Europe, U.S.”

Canadian attitudes toward immigration are hardening but Canada remains a relative island of tranquillity compared to other increasingly anti-immigrant Western developed countries, according to a poll released Thursday.

http://www.vancouversun.com/news/Poll+Canadians+view+immigration+more+positively+than+Europe/4216802/story.html

Categories
Notes

M. Mahtani on Canadian and hyphenated identities

An interesting report on hyphenated identities:

Mahtani, Minelle. Interrogating the Hyphen-Nation: Canadian Multicultural Policy and “Mixed Race” Identities.
Toronto, ON, Canada: CERIS – The Ontario Metropolis Centre, 2004. **VPN required**

Spam prevention powered by Akismet