Tutorial Number Two

The Importance of Group Rights (No)

Written By: Paul Marshall

Summary of Article

Þ To speak about United States politics is largely in terms of "the government and the individual".

Þ The ideology is that all groups are really just collections of individuals.

Þ Therefore they believe that "group rights" ultimately boils down to "individual rights",

Þ The philosophy is that to protect the culture of French Canadians is to protect their individual "language rights".

Þ Therefore if we would protect First Nations people's rights of each individual person, then their culture and traditions would be protected.

Þ This way of viewing the world is so widespread; it thrives only by ignoring certain fundamental realities about the world in general.

Þ A very prudent example of this is during Mr. Trudeau's tenure as Prime Minister

Þ In 1969, Prime Minister Pierre Trudeau introduced the "White Paper", a policy paper intended to end any recognition of special status for Indians. After a year of angry protest from Aboriginal leaders, the 'White Paper" was shelved.

Þ Their rejection was based on the fact that they see themselves not in terms of "individual rights", but in terms of "community life"

Þ Over two-thirds of Canadians are members of voluntary associations (i.e. churches, political parties, trade unions, and etc.)

Þ Hardly any country in the world is culturally "homogenous". They all have a variety of language, ethnic, racial, and religious groups and originations

Þ In Canada many critics of the "Meech Lake Accord""of 1987-90 and of the "Charlottetown Accord" of 1992 believed, that the commitment to group rights meant that they were "unjust" and "prejudiced".

Examples:

- Aaland Islands are a part of Finland, but most of their inhabitants speak only Swedish.

- The islanders are afraid that their language and culture could easily be swamped by surrounding Finnish speakers.

- The Finland government passed laws that restrict "nonislanders" to buy land or houses in Aaland, therefore protecting their language and culture. The original inhabitants of New Zealand are called "Maoris".

- In order to combat this problem, New Zealand initiated two separate voter lists: one for Maoris and one for others.

- Maoris vote for the four seats that have been set aside for them. India has approximately 281 languages in their country.

- It decided to make Hindi (the largest language group) and English the "official languages of the Union".

- Each state (province) to choose its own official language or languages. In Belgium and Switzerland language rights vary according to which region of the country one is in.

- The basic point is this: group rights are not some peculiar feature of "totalitarian" or "authoritarian" regimes.

Continuation of Original Notes:

- Quote: "In different instances either a group interest or an individual one might win out, depending on how important the particular instance". (This quote basically talks about "flexibility" depending on the situation)

- In all these cases a group right has won out over various individual claims to nondiscrimination. (i.e. Native right, Catholic Schools and etc.)

- Overall we must open to either claim, and in the diverse circumstance’s that our political life produces group rights will often take priority.

Comprehension and Discussion Questions:

1) What were the fundamental reasons why the First Nations people rejected the "White Paper" treatment which was introduced by prime minister Trudeau in 1969? Do you agree with their reason? Explain (refer to pgs. 45-46)

2) In your opinion what do you think prime minister Trudeau was saying in his statement on top of page forty-six (46)? Elaborate (refer to pg. 46)

3) What did many Canadian political critics find wrong with the "Meech Lake Accord" of 1987-90 and with the "Charlottetown Accord" of 1992? Explain (refer to pg. 47)

4) Discuss some of the various benefits and disadvantages of the restrictive laws passed in Finland, in regards to the Aaland Islands. (refer to pg. 47)

5) Amongst your group members discuss possible ways Canada can utilize the method used between Finland and Aaland Islands for their benefit. Explain (refer to Francophone language rights and perhaps even Native rights)

6) In your opinion do you think that Canada should use the voting system that has been implemented in New Zealand? (discuss how it may affect Native rights for the better or worse)

7) On page forty-eight when Mr. Marshall is discussing language rights in Belgium and Switzerland he goes onto say that "the basic point is this: group rights are not some peculiar feature of totalitarian or authoritarian regimes", in your opinion what do you think Mr. Marshall means by that statement? Elaborate

8) Amongst your group discuss the conflict between group and individual rights that were created due to the famous "Lovelace" case several years ago. (refer to pg. 50)

9) In your opinion what do you think is meant by this statement "In different instances either a group interest or an individual one might win out, depending on how important the particular rights are in the particular instance"? Elaborate

10) In your opinion do you think that the Native people have won out? (refer to pg. 51... statement that says: "Natives can hunt and fish in ways and at times that non-Natives cannot".

Glossary

White Paper: In 1969, Prime Minister Pierre Trudeau introduced the White Paper, a

policy paper intended to end any recognition of special status for Indians. After a year of angry protest from Aboriginal leaders, the White Paper was shelved.

Homogenous: Having a resemblance in structure, due to descent from a common progenitor with subsequent modification; homogenetic; -- applied both to animals and plants.

Rights: Conforming with or conformable to justice, law, or morality: do the right thing

and confess.

Group: An assemblage of persons or objects gathered or located together; an aggregation: a group of dinner guests,' a group of buildings near the road.

Individual:. Of or relating to an individual, especially a single human: individual consciousness.

Ideological: Of or relating to ideology. concerned with or suggestive of ideas; "an ideological argument” "ideological application of a theory"; “the drama's symbolism was very ideological"

Individualistic: One that asserts individuality by independence of thought and action.

Totalitarian:. Of, relating to, being, or imposing a form of government in which the political authority exercises absolute and centralized control over all aspects of life, the individual is subordinated to the state, and opposing political and cultural expression is suppressed: "A totalitarian regime crushes all autonomous institutions in its drive to seize the human soul" (Arthur M. Schlesinger, Jr.).

Authoritarian: Characterized by or favoring absolute obedience to authority, as against individual freedom: an authoritarian regime.

Meech Lake Accord (1987): The Meech Lake Accord as created to address these challenges, and to bring Quebec into the constitution and to amend the constitution to answer the concerns of other groups as well.

Charlotte Accord (1992): PM Mulroney and the federal government began another attempt at constitutional reform almost immediately after the unsuccessful Meech Lake Accord.. In fall 1980, Mulroney appointed former PM Joe Clark, Canada's First Minister of Constitutional Affairs.. His job was to Oversee constitutional negotiations with provincial premiers and other interested groups.