From: steven@spxtech.qc.ca (Steve Potter)
Newsgroups: can.politics
Subject: Re: Individual Rights ARE NOT protected in the Canada Clause
Date: 4 Oct 92 18:31:42 GMT
Organization: Securiplex Technologies Inc., Montreal, Canada
X-Bytes: 4192

From article <BvGB86.4DM@watserv1.uwaterloo.ca>, by dbowman@shade (Don A. Bowman):
> Gerald Olchowy (golchowy@alchemy.chem.utoronto.ca) wrote:
> : In article <1992Oct1.015139.25793@unixg.ubc.ca> mathew@unixg.ubc.ca (Mathew B Englander) writes:
> : >Some postings have said or implied that under the Canada Clause,
> : >individual rights are not recognized as a fundamental characteristic
> : >of Canada.
> : >
> : >This is incorrect. The text is:
> : >	
> : >	2. (1) The Constitution of Canada, including the _Canadian
> : >	Charter of Rights and Freedoms_, shall be interpreted in a 
> : >	manner consistent with the following fundamental character-
> : >	istics:
> : >		[...]
> : >	    (f) Canadians are commited to a respect for individ-
> : >	    ual and collective human rights and freedoms of all
> : >	    people;
> : >		[...]
> : >

"Canadians" is not the same thing as "Canadians and their governments" !!!

"committed" is not the same thing as "l'attachement" !!!

> : 
> : The Charter is not recognized as a fundamental characteristics...
> : and to be meaningful, an entry in the Canada Clause should be
> : something like:
> 
> It doesn't have to be. It still exists. It still has force of law. The Canada
> clause only adds to it, and interprets it where it is week.
> : 
> 
 
The Can. Chrtr. of Rts. & Frdms. is to be interpreted in a manner 
consistent with ...

"2.(1)(c) Quebec constitutes within Canada a distinct society, which includes
   a French-speaking majority, a unique culture and a civil law tradition;"

(The English-speaking community isn't a part of Quebec's distinct society?)

"2.(1)(d) Canadians and their governments are 'committed' [except in
  *Quebec] to the vitality and development of official language minority
   communities throughout Canada."

(except in Quebec because "l'attachement" is not a commitment - this will
be interpreted by the Supreme Court in the context of Quebec's distinct
society and the role of the Quebec government!)

2.(1)(e), 2.(1)(f), 2.(1)(g), 2.(1)(h) apply to "Canadians" - NOT their
   governments, and the French version refers to "l'attachement" and
   NOT a commitment.

"2.(2) The role of the legislature and Government of Quebec to preserve and
   promote the distinct society of Quebec is affirmed." ["distinct society"
   in 2.(1)(c) does NOT include English-speaking minority.


If a Quebec government passes a law that all business correspondence within
Quebec must be in French - there is nothing that can be done to stop it. :-(

Individual rights in Quebec are not protected! :-(


Even if the S.C. ruled against such an affront to individual liberty, by
interpreting "l'attachement" as "commitment" and ignoring Quebec's distinct
French-speaking majority, and ignoring the role of the Quebec Gov. to 
preserve and promote the distinct society, - the notwithstanding clause is
still there!

Just as important are the things that are NOT in the consensus report.

Why is "Education" not mentioned?

It is at least as important as culture, mining, tourism, housing and
recreation.

"Education" isn't even listed among "other constitutional issues discussed"
or among "other issues discussed but not finally resolved.

The word "Education" doesn't appear once in the entire document. :-(

Yes, it is a constitutional issue!

S.23 of the Can. Chrtr. of Rts. & Frdms. is about minority language
eduction rights.

S.59 of the Constitution suspends the mother tongue clause for access to
minority language schooling _only_ in Quebec - and with _NO_ time limit
like the 5 year notwithstanding clause. :-(

Quebec can still force children of English mother tongue into the French
school system against the wishes of their English-speaking parents. :-(((

Why wasn't that discussed?


There are a number of ways in which individual rights are NOT protected
by the "Canada clause".

Don't pretend that they are!


-- 
  ///==================================================================\\\
  ||| Steve Potter:         steven%spxtech@CAM.ORG                     |||
  ||| Expertise/Experience: Computer Systems Engineering / Real Ale /  |||
  |||                       Politics in Education in Quebec            |||
Newsgroups: can.politics