CHAPTER 11 - PowerPoint Presentation

Slide1

CHAPTER 11Slide2

Complexities of Liberalism in Practice

To what extent should democratic governments promote and protect individual and collective rights?

https://

www.youtube.com/watch?v=YAIM1qzO9_w

Slide3

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.Slide4

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 safetySlide5

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.Slide6

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 FreedomsSlide7

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.Slide8

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 discriminationSlide9

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.Slide10

Collective or Individual Rights?

Example

Collective 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

rightsSlide11

Test your knowledge

Collective or Individual Rights?

Example

Collective or Individual Rights

Aboriginal rights

collective

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 rights

collective

Preservation and enhancement of the multicultural heritage of CanadiansIndividual/collectiveMobility rights individualSlide12

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/watch?v=yX4IYXaYVko

http://www.youtube.com/watch?v=5yJ_HrZImWQSlide13

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 schoolSlide14

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.Slide15

Restrictions on Religious SymbolismSlide16

Quebec attempts to religious symbols

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 one’s 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 partySlide17

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 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?Slide18

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?Slide19

Challenging the principles of

Liberal Democracies

Times of war

International and national emergencies

Environmental crises

Illiberal Policies are not always collectively appliedSlide20

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 MennonitesSlide21

War Measures Act

WWII

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 sympathizersSlide22

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 Slide23

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

.Slide24

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

3Slide25

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.Slide26

Events that occurred during the Quiet Revolution.

Shook off the corrupt remnants of

Duplessis

(

Duplessis

orphans 40’s – 60’s)

Broke the smothering grip of the Roman Catholic Church

Overcame control of English speaking QuebecSlide27

Front de liberation du QuebecSlide28

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

WMA BroadcastSlide29

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

executedSlide30

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 Slide31

Modern Illustrations of Restrictions

Protection 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 Slide32

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. Slide33

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?

Abdullah press conference Slide34

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.”Slide35

Bill C-51 Why?

Introduced January 2015

Extend Canada’s anti-terror laws implemented after 9/11Public Safety Minister Steve

Blaney

, is in line with the government’s “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.”Slide36

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 Canada’s “no-fly list

,”

enhance

the powers of Canada’s spy agency CSIS.

Increase

in funding to RCMP $150.4 million over 5 years

and

Border-services $5.4 million over 5 years.Slide37

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 it’s conducting activity that contravenes existing laws or Canada’s 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 Slide38

Response from the government

Public Safety Minister Steve

Blaney

,

What is your thoughts on his comments?

Is it necessary?Slide39

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# Slide40

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.democracynow.org/2008/7/11/stop_loss_a_look_at_the

useSlide41

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 emergencySlide42

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.Slide43

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 Slide44

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. Slide45

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'Slide46

USA Freedom Act

http

://thehill.com/policy/national-security/243167-scramble-begins-as-patriot-act-teeters

Slide47

Should Liberal Democracies Always Adhere to the Principles of Liberalism? Pg 395 – 404

Complete Review worksheet War Measures Act, Emergencies, Anti Terrorism Act (Handout)