Summary
of Article:
~ Pierre Elliot Trudeau believes to
live in a society where all citizens are above the law and before the State
itself, we need individual rights.
~ Trudeau mentions, "I am not
trying to say that those people who give preference to a collective society and
collective rights over individual rights, do nothave the right to state such a
preference. I am saying to them that it is not just an emotional decision they
are called on to make. We have to look at history- above all we have to look at
contemporary history, the history of yesterday and today."
~ There he is saying that, people who
want collective rights cannot just base it{)fl
emotion, they need to look at how it will affect the society as a whole.
~ The Constitution Act of 1982
enshrined the values which, back in 1968, defined as those that should be
respected in the constitution of a Just Society.
~ Trudeau is talking about the
Referendum and the rights of French and English- speaking Canadians.
~ The Charter of
Rights and Freedoms was a new beginning for the Canadian nation; it sought to
strengthen the country's unity by basing the sovereignty of the Canadian people
on a set of values common to all, and in particular on the notion of equality
among all Canadians.
~ Trudeau makes a good point about
individual rights, "... what is to prevent a
majority
from riding roughshod over the rights of a minority? '" the
Charter of
Rights and
Freedoms and the Constitution. They do
this generally, by enshrining the rights of the individual members within
minorities; but certain instances, where the rights of individuals may be
indistinct and difficult to defme, they also enshrine some collective rights of
minorities." For example, the Canadian Constitution of 1867 provided that
in educational matters, Sections 93(1) would protect any "class of
Persons... with respect to Discrimination Schools," and Section 93(3)
would apply to the "Protestant or Roman Catholic Minority."
~ The Charter leaves no doubt at all:
all are equal before the law and are entitled to the same protection
"without discrimination based on race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability."
~ Canada is by nature
pluralist -"a mosaic" as Laurier put it -not an American-style
melting pot.
~ Throughout the negotiations leading
to the Charter in 1982, our government kept in mind that Canadian history has
consisted of a difficult advance toward a national unity that is still fragile
and is often threatened by intolerance -the intolerance of the English-speaking
majority towards francophones, etc...
~ If Canada had tried to identify each
of the minorities in Canada in order to protect all the characteristics that
made them different, not only would we have been faced with an impossible task,
but we would shortly have been presiding over the balkanization of Canada.
~ The tensions of Anglophones and
francophones have always been a large source of disunity in Canada.