way unable to give due acknowledgment to distinctness. Are
the critics correct?
The fact is that there are forms of this liberalism of equal
rights that in the minds of their own proponents can give
only a very restricted acknowledgment of distinct cultural
identities. The notion that any of the standard schedules of
rights might apply differently in one cultural context than
they do in another, that their application might have to take
account of different collective goals, is considered quite unacceptable.
The issue, then, is whether this restrictive view
of equal rights is the only possible interpretation. If it is, then
it would seem that the accusation of homogenization is well
founded. But perhaps it is not. I think it is not, and perhaps
the best way to lay out the issue is to see it in the context of
the Canadian case, where this question has played a role in
the impending breakup of the country. In fact, two conceptions
of rights-liberalism have confronted each other, albeit
in confused fashion, throughout the long and inconclusive
constitutional debates of recent years.
The issue came to the fore because of the adoption in 1982
of the Canadian Charter of Rights, which aligned our political
system in this regard with the American one in having a
schedule of rights offering a basis for judicial review of legislation
at all levels of government. The question had to arise
how to relate this schedule to the claims for distinctness put
forward by French Canadians, and particularly Quebeckers,
on the one hand, and aboriginal peoples on the other. Here
what was at stake was the desire of these peoples for survival,
and their consequent demand for certain forms of
autonomy in their self-government, as well as the ability
to adopt certain kinds of legislation deemed necessary for
survival.
For instance, Quebec has passed a number of laws in the
field of language. One regulates who can send their children
to English-language schools (not francophones or immigrants);
another requires that businesses with more than
way unable to give due acknowledgment to distinctness. Are
the critics correct?
The fact is that there are forms of this liberalism of equal
rights that in the minds of their own proponents can give
only a very restricted acknowledgment of distinct cultural
identities. The notion that any of the standard schedules of
rights might apply differently in one cultural context than
they do in another, that their application might have to take
account of different collective goals, is considered quite unacceptable.
The issue, then, is whether this restrictive view
of equal rights is the only possible interpretation. If it is, then
it would seem that the accusation of homogenization is well
founded. But perhaps it is not. I think it is not, and perhaps
the best way to lay out the issue is to see it in the context of
the Canadian case, where this question has played a role in
the impending breakup of the country. In fact, two conceptions
of rights-liberalism have confronted each other, albeit
in confused fashion, throughout the long and inconclusive
constitutional debates of recent years.
The issue came to the fore because of the adoption in 1982
of the Canadian Charter of Rights, which aligned our political
system in this regard with the American one in having a
schedule of rights offering a basis for judicial review of legislation
at all levels of government. The question had to arise
how to relate this schedule to the claims for distinctness put
forward by French Canadians, and particularly Quebeckers,
on the one hand, and aboriginal peoples on the other. Here
what was at stake was the desire of these peoples for survival,
and their consequent demand for certain forms of
autonomy in their self-government, as well as the ability
to adopt certain kinds of legislation deemed necessary for
survival.
For instance, Quebec has passed a number of laws in the
field of language. One regulates who can send their children
to English-language schools (not francophones or immigrants);
another requires that businesses with more than
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