Complexities of Liberalism in Practice - PowerPoint Presentation

Slide1

Complexities of Liberalism in Practice

Chapter 11 - Unit 3 Slide2

Chapter FocusMany liberal democracies attempt to reach a consensus over the promotion of individual rights – one of the principles of liberalism – within’ their state, while at the same time attempting to benefit the common good.

Sometimes in their pursuit of common good,

gov’ts

ignore the rights of individuals or groups. Slide3

Maher Arar

Canadian

citizen born in Syria in

1970.

came to Canada in 1987

bachelor's and master's degrees in computer engineeringworked in Ottawa as a telecommunications engineerstopover in New York returning to Canada from a vacation Sept 2002, US officials detained himClaimed he had links to Al-Qaeda & deported him to Syria despite having his Canadian passport.Slide4

When he returned to Canada a year later, he said he had been tortured during his incarceration and accused American officials of sending him to Syria knowing that they practice torture.

Arar

and his family

wanted compensation

from the federal government for his abrupt deportation and imprisonment in Syria.

The Canadian Government settled with Arar for 10.5 million dollars in January 26th, 2007 and an apology was given by Stephen Harper on behalf of the Canadian government.Slide5

Section One – Chapter 11

Why and to what extent to some liberal democratic

gov’ts

promote individual and collective rights?Slide6

Fundamental Rights

The following rights are considered fundamental because they are necessary for an individual to enjoy free will or personal independence.

Life

Liberty

Personal Safety

Guaranteed in Legislations (entrenched):Canadian Charter of Rights and Freedoms (1982)Quebec Charter of Human Rights and Freedoms (1975)Bill of Rights (1791)Slide7

Criticism 1 - rights legislation can have unforeseen negative consequences.The rights included in the constitutional documents focus almost exclusively on the rights of individuals, possibly at the expense of the rights of the community.

An example of this is the way society developed during the Industrial Revolution.

Industrialization and laissez-faire capitalism led to a situation in many countries where individual rights became meaningless for a large group of people.

What good is the right to freedom of expression for a poverty-stricken person who was denied an education and subjected to dreadful working conditions?Slide8

Criticism 2 – The words in the documents sometimes have little real power.In some countries (esp. Dictatorships or totalitarian) individual rights and freedoms have been subject to the needs of the state, even though those countries may have a constitution or other documents that resemble the legislation.

Cuba, for example is a dictatorship.

The dictator and the ruling elite control all political and legal power.

The

gov’t

alone determines the interpretation and implementation of the Constitution.The result is little real protection for the individual rights and freedoms of the citizens.Slide9

The number of political prisoners in Cuba has decreased from 283 – end of 2006 to 234 – end of 2007.

Human rights abuses continue.Slide10

Promotion of Collective Rights

Group rights are often achieved only by the extension of individual rights.

Individual rights can and must be balanced in the interests of preserving the rights of everyone in the community.

Gov’ts

in pursuit of group or collective rights take a wide variety of actions.Slide11

In the US, policies known as affirmative action came about in the 1960s to address inequalities that minorities and women had historically faced To improve their employment or educational opportunities, the US

gov’t

introduced hiring and college admissions practices that gave preferential treatment to minorities and women.

While this is not written in the US Constitution as “collective rights,” affirmative action programs recognized that members of certain groups need to be treated differently.

Affirmative action has been challenged in court by those who see it as “reverse discrimination” and a violation of the individual right to equality.Slide12

Canada vs. United States

The inclusion of collective rights is the primary difference between the Canadian Charter of Rights and Freedoms and the American Bill of Rights.

This difference is due in part to the time period during which the two documents were written. Slide13

Canadian Charter of Rights and Freedoms

The CCRF, 1982 contains the following:

Individual Rights

Collective Rights

Language rights

Aboriginal rights

Multicultural character of CanadaSlide14

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?Slide15

Why Entrench Rights?

Protection ensures that rights legislation cannot be easily overturned without due process.

Due

Process consists of major debate in government, amendment formulas and public support; however, change is needed to keep up with the times.

For

example: Women’s Rights, Aboriginal Rights and African-American RightsSlide16

LANGUAGE RIGHTS

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, OROne has received primary education in English or French and the language is of the minority where one livesSlide17

Aboriginal Rights

Aboriginal rights are also protected

in the CCRF, 1982

Section 25

Section 26

Section 35

CCRF cannot be used to take away Aboriginal or Treaty rights

Rights granted cannot be used to deny other rights that exist in Canada

Existing Treaty & Aboriginal rights affirmed

Aboriginals include: Indian, Inuit and MétisInclude rights via land claims or those future acquiredGranted equality to males and femalesSlide18

Section 2 – Chapter 11

How do liberal democracies balance the perceived common good with the need to respect rights?Slide19

France became a pioneer of Western democracy when it established itself as a liberal republic in the 18th century following the French Revolution.

Although it is one of the oldest liberal democracies, the French

gov’t

may sometimes act in ways that seem illiberal. Slide20

Restriction on Religious Symbols

In the 1990s, the French

gov’t

implemented laws which were discriminatorily applied to the

hijab (Muslim) and turbans (Sikh), yet yarmulkes (Jewish) and crosses (Christian) were allowed.Students wearing the hijab or turbans were expelled from schools.

Sikhs and Muslims sued the French government and were reinstated to school BUT the law remains.

Belgium followed suit and no visible symbols of philosophical, religious, political or other opinions were to be worn by public servants when serving in public. Slide21

The hijab

Are headscarves worn by Muslim women as an expression of modesty, as a symbol of faith, and sometimes as a sign of their commitment to Islamic movements or groups.

According to some Muslim scholars, the

hijab

is mandatory.

Taliban forced women to wear hijab (forcing them out into public) and France forced women to remove it (to force French Muslim women to stay at home)Slide22

Religious Symbolism

In Canada, the wearing of religious headgear by Sikhs is protected by the Canadian Charter of Rights and Freedoms.

If it was Passport Canada’s policy to reject applications from Sikhs wearing religious head coverings was approved – would this mean that the

gov’t

was limiting these Canadian’s religious freedom?Slide23

Racial Segregation

Viola Desmond was fined and

charged

for sitting in the lower “white only” section or a theatre in New Glasgow Nova Scotia.

Court ruled against her claim of segregation.Slide24

Section 3 – Chapter 11

Why do liberal democratic

gov’t

choose to reject the principles of liberalism in some cases?Slide25

During times of war, governments often introduce the illiberal practice of censorship for concerns related to safety and security.A postcard from a WWI soldier to his family in Saskatchewan.

All correspondence home was subject to being opened and read by censors to make sure no additional information was being added.Slide26

During times of war, emergency, and environmental crisis, liberal democracies have restricted people’s movement, controlled people’s access to information, and limited people’s rights, freedoms, and choices.

While these actions are often short term, some illiberal policies have remained in effect for years or even decades after they were implemented in an emergency situation.

Illiberal policies are often not universally applied to citizens; rather, certain groups or individuals receive differential treatment.Slide27

War Measures Act

Was first passed in 1914 in response to Canada’s involvement in WWI.

It has been invoked only 3 times in Canada’s history – WWI, WWII, 1970 October Crisis.

In each case, the federal

gov’t

stated reasons for its actions to suspend, restrict, and limit rights, freedoms, and the basic principles of liberalism.The following reasons have been given in the past to justify the Act’s use:It was necessary for the overall good of societyIt was justified because of the threat or severe nature of the situationIt was essential to protect, retain, or secure other principles of liberalism. Slide28

War Measures Act WWI

Used from 1914 – 1918

Canadians with an ethnic background from Germany, Austria-Hungary or the Ottoman Empire were declared “enemy aliens”

The Act limited:

Freedom and privacy – “enemy aliens” had to register themselves and carry ID cards

Censorship – could not publish or read anything except English and FrenchMobility – could not leave the country without permitsPrivate Property – could not own a firearms Freedom of Association – could not join groups deemed inappropriate, dangerous or seditiousFaced deportation, internment camps, confiscation of property

NO apology was granted after WWI nor were people released from camps immediately. (2 years) Slide29

War Measures Act WWII

Japanese Canadians were interned (22, 000

ppl

)

Most interned Japanese were native-born Canadians

Military and RCMP dismissed public claims of the “Japanese danger” as inaccurate and based upon no evidence.Problem was the anti-Japanese public opinion18-45 year old males were sent to work campsWomen sent to the BC wilderness to live in communal buildings Slide30

WWII – WMA

Japanese faced poor living conditions

Japanese property was seized and sold without compensation

End of WWII, Japanese could either be deported or move east of the Rockies as they were ban from BC

1949 – regain the right to go back to BC

1988 – PM Mulroney acknowledged unjust actions and $21,000 in compensation for those who could prove they were directly wronged.Slide31

1970 October Crisis

Page 400Slide32

Canada’s Anti-Terrorism Act

In the aftermath of the terrorist attacks on September 11, 2001, the federal government in Canada quickly fast-tracked the Anti-Terrorism Act, which defined what terrorism is and made it a punishable offence in Canada’s Criminal Code.

December 18 2001, police gained new powers, including the ability to arrest people and withhold them without charge for up to 72 hours if they are suspected of planning a terrorist act.

When this legislation was first introduced in 2001, many Canadian’s felt that the

gov’t

was taking basic civil liberties away but was easily passed in the HOC by a vote of 190 to 47.Slide33

US PATRIOT ACT, 2001Why was the act needed?

“Need for the increased security to deter and punish terrorist acts in the US and around the world” – US Government

Opposition to the Act?

The Act was heavily challenged by groups that saw the law as a threat to personal liberties.

Student VoicesSlide34

No Fly Lists – page 403

Transport Canada’s Specified Person List - someone “potentially posing an immediate threat to aviation security”

If on the list you may not allowed on domestic flights in Canada

Criticisms:

You are NOT told you are on the list

Potential racial profilingDenies legal rights “ innocent until proven guilty” and you cannot challenge your inclusion on a list Example: Maher

Arar