The Rights Revolution
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exit rights, 18–19, 73, 79, 107
family, 20, 22, 90, 91, 94, 109–10. See also child abuse; divorce; women, abuse of
working families as community of rights-bearing equals, 21, 22, 100, 108, 110, 112
crisis in, 21–22, 102 (see also
conservative critique) division of labour in, 22, 85, 86, 98, 105, 110
sacrifice in, 97–98, 99, 103–4, 107, 110
stability of, 90, 92–93, 103–4 trust and love in, 21, 22, 91
types of, 90, 102–4, 111
family values, 102–3, 110–11, 122
federalism, 13, 119, 133
feminism, 21, 94–95, 98–99 “Fidelio,” 48
force, limits to use of, 51, 52, 53
France, 4, 12, 13, 61, 127, 128
freedom of assembly, 33, 67
freedom of choice, 18–19, 73
freedom of speech, 5, 17, 33, 88
French Canadians, 14, 63. See also Quebec; Québécois
language rights of, 62, 63, 120
as minority, 66, 70, 71
French Revolution, 35, 64, 127, 128
Fukuyama, Francis, 89–90
gay rights, 1, 7, 20, 85, 86, 87, 93, 110, 113, 116, 117
gays, 88. See also same-sex families
approval of, 87, 89, 122–23
vs. straights, 19, 114
Geneva Convention, 46
genocide, 46, 51
Germany, 47–48, 49, 128
Goethe, Johann Wolfgang von, 47
good, language of, 20, 21, 22
government power, 28, 30
limits on, 6, 28–29, 30, 97
Great Depression, 47, 98
grievances, legitimacy of, 29, 32, 33
group difference, 57–58, 64, 66
group identity, 60–61, 64
group recognition, 86–87 group rights, 8, 67, 70, 71
in Charter of Rights and Freedoms, 7, 65
as enhancing individual rights, 24, 66
vs. individual rights, 18–19, 24, 66, 67, 69, 71, 77–78, 125
and individuals within
groups, 18–19, 71–74, 79
to nationhood, 60
in other countries, 8, 12
group-rights regimes, 13
Gwyn, Richard, 128
Havel, Václav, 4
health care, 7, 30, 110, 111
Hitler, Adolf, 23, 47
Hobbes, Thomas, 56
Holocaust, 17, 42, 138
human difference, 53, 55, 141
and equality, 14–15, 41
and human identity, 14–15, 35, 41, 53, 137
in politics, 14, 57
protection of, 2, 43, 53
human rights, 2, 35, 37, 38, 41
and democracy, 46–47 function of, 39, 43, 48
as inherent, 28, 34
and local values, 45–46 and natural law, 43
origins of, 34, 39–40, 43
as residual system of entitlement, 36, 48
and self-defence, 36, 43
as self-limiting authority, 51–52
as standard of best practice, 43–44
and state law, 28
human-rights legislation, 49
and national laws, 45–46 Humphrey, John, 10
identity. See also group identity and agency, 24
Canadian, 13
of majority, 114, 130
and politics, 14–15
immigrants
assimilation of, 71
impact of, 129–30
limits on numbers of, 37
vs. native-born Canadians, 114
in Quebec, 71, 72, 119, 132
rights of, 36–37, 66–67, 69, 72
imperialism, 50, 52, 60, 123
income inequality and democracy, 29
invisibility of, 19, 92
and rights talk, 19–20, 24, 30
Indian Act, 59, 63
individualism, 15, 24, 33
capitalist, 23, 24
in other countries, 11, 12
individualist rights regimes, 12
individual rights, 11, 29, 33, 49, 65
equality of, 7, 63, 65
vs. group rights, 18–19, 24, 66, 67, 69, 71, 77–78, 125
within groups, 71–74, 79
indivisibility, 39, 40
of rights, 48–49, 53, 125–26
inequality, 92. See also particular forms of inequality and democracy, 24, 29
and rights talk, 19–20, 24, 29, 30, 92
International Criminal Tribunal for Rwanda, 10–11
International Criminal Tribunal for the Former Yugoslavia, 10
Internet, 5, 124
intervention, 44–45, 49–52, 73
conditions for, 50–52 consent to, 50, 51, 52, 73
limits to, 97
military, 49–50, 51–52, 84
in personal lives, 50, 52, 94–96
intimacy, 20, 90, 100, 111
Islamic law, 45
Islamic world, 44. See also Muslims
Israel, 4
Italian city states, 64
Japan, 90
Jews, 4, 42, 47, 48
Judaism, Orthodox, 18, 19, 72
justice, 2, 30, 82, 112
justification, right to, 108, 112
just society, 64
Kiev, 4
King, William Lyon Mackenzie, 132
King Lear (Shakespeare), 146n11 Kolakowski, Leszek, 33
Kosovo, 50, 133, 140
Kymlicka, Will, 11
Lafontaine, Louis-Hippolyte, 132
Laforest, Guy, 11
Lamer, Antonio, 124, 141
land claims, 7, 80, 83
land rights, 68
aboriginal, 1–2, 8, 59, 68, 80, 84, 113, 120–21, 124
as group rights, 18, 24, 66
non-aboriginal, 68, 81, 84, 123–24, 149n7
language rights, 1, 7, 13, 61, 62, 68, 71, 118, 120
as group rights, 18, 24, 66
of immigrants, 66–67, 69, 71, 72
in other countries, 10, 12
as privileges, 74, 77
in Quebec, 63, 77, 134 (see also Quebec, language legislation in) Lanzmann, Claude, 138
Lapointe, Ernest, 132
law, 45, 82. See also due process of law; human-rights legislation; natural law
equality under, 131, 141
and human rights, 28, 45–46
rule of, 39, 121, 126
taken into one’s own hands, 36, 121
League for Social Reconstruction, 10
legal culture
of Canada, 13
of Quebec, 58, 134
lesbians, rights of, 1, 20. See also
gay rights liberals, views on family and
rights of, 95, 97, 101, 102–4, 106, 108–9
Locke, John, 57, 139
love
of Canada, 124–25
in families, 21, 22
right to, 21
majorities
identity of, 114, 130
in democracies, 2, 46
limits on, 2, 65, 70, 114, 118
and national unity, 114
privileges of, 69–70
recognition of, 122–23
Mao Zedong, 23
marriage, 90, 101
right to, 47, 73, 86, 110
Marx, Karl, 25, 53
McLachlin, Beverly, 13
Meech Lake Accord, 77
men, 88
abuse by, 22
in divorce, 104–5, 105–6
as fathers, 101, 104–5
vs. women, 18, 19, 25
mentally handicapped, 38–39
minorities, 3, 12, 13, 46, 88
and affirmative action, 74
national, 11, 66, 68
protected from democracy, 1–2
recognition of, 114, 121
minority languages, 71
minority rights, 10, 11, 66, 69, 70, 79, 83, 87, 113
vs. national rights, 66
in Quebec, 71, 131–32
mobility rights,
118
Moguls, 32
Montgomery (Alab.), 3
Montreal, 131
moral individualism, 15
multiculturalism, 7, 70, 130, 131
Muslims, 12, 19, 72
Musqueam band, 149n7
national cultures, rights of, 44, 46, 66, 73. See also minorities, national nationalism, 124, 126. See also
under English Canadians
Quebec
national unity, 25, 57, 78–79, 114, 115–16, 128
and ancestry, 129
and assimilation, 64
and Charter of Rights and
Freedoms, 77
and equality of individual
rights, 7, 55, 63, 64, 65, 119, 124
and equality of recognition, 124
and multiculturalism, 130
and rights, 25, 113, 116–17, 119, 126–27
nation-states, 128–29, 136, 140
natural law, 40, 43, 48
New Brunswick, 120
Newton, Isaac, 56
New Zealand, 8, 60
non-aboriginals, 121. See also land claims; resources vs. aboriginal peoples, 18, 68, 82, 83–84, 114
North America, 12, 91
Nunavut, 83
Nuremberg Laws, 47
“Ode to Joy,” 48
Oka (Que.), 84, 121
Ontario, 15
Organization for Security and Co-operation in Europe (OSCE), 10
Pakistan, 45
parents, 108
vs. children, 18, 112
parliamentary democracy, 135
patchwork quilt model of political space, 57–58, 68, 78, 79, 80, 84
patriotism, 124
pensions, 8, 16, 30, 86
permissiveness, 100–101
Poland, 3–4, 61, 138
police brutality, 37, 130–31
political community, 55, 62
created by political rights, 34
political correctness, 87–88, 122
political equality, 62
political inequality, and rights
talk, 19–20
political rights, 4, 34, 47
political space
Canadian, 58, 62, 64–65, 67–68, 69, 78, 79, 80, 84, 114, 119
patchwork quilt model of, 57–58, 68, 78, 79, 80, 84
pool table model of, 56–58, 64–65, 68, 78, 79, 84, 119
politics
and identity, 14–15
and rights talk, 17, 20
politics of reciprocity, 120
pool table model of political
space, 56–58, 64–65, 68, 78, 79, 84, 119
poor vs. rich, 19–20, 114
poverty, 19–20, 92, 105
power
distribution of, 56, 81, 120, 133–34
and respect, 59–60
prisons, 3, 38, 39, 46
privacy rights, 30, 97
privileges, 56, 68, 73–74
vs. rights, 27, 55, 65
property rights, 4, 5, 30, 47, 80, 97
and inequality, 24, 30
protest rights, 18–19
Quebec, 14, 47, 63, 69, 77, 133, 135
anglophones in, 69, 71
in Canadian federation, 115–16, 132–35
and Charter of Rights and
Freedoms, 77
in common history, 134–35, 136
distinctiveness of, 58, 77, 119, 121, 134–35
immigrants in, 71, 72, 119, 132
language legislation in, 8, 58, 69, 70–72, 74, 79, 120
language rights in, 63, 77, 134
minorities in, 131–32
as nation, 66, 67, 73, 133
nationalism in, 62, 76, 77, 119, 131, 132, 133–34
Quiet Revolution, 6
referenda in, 78, 116, 131
religious rights in, 58, 134
rights of self-determination, 9, 77, 133 (see also secession) Quebec Act, 134
Québécois. See also French Canadians
ancestry of, 129, 131, 132
assimilation of, 62, 64
vs. English Canadians, 18, 19, 62, 64, 114, 121
as linguistic minority, 70, 71
privileges of, 74, 77
Quiet Revolution, 6
racial inequality, 92
racism, 60, 61, 76, 115, 118
recognition, 42, 86–87
and approval, 88–89
of differences, 86–87, 141
and equality of rights, 86, 89
and human rights, 39–40
of individuals, 55–56
mutual, 122–24, 126, 136
political, 66, 80–81, 84
reconciliation, 141
redress, 29, 74–76, 115, 119, 125, 135
referenda, 8, 9, 77, 78, 116, 117, 131
refugees, 36–37
relativism, 104, 137
religion, 13, 40, 61, 140. See also
specific religions religious rights, 12, 67, 120
as group rights, 24
as individual rights, 67
vs. individual rights, 18, 19, 72–74
in Quebec, 58, 134
Renaissance, 64
residential schools, 60, 75
resources
aboriginal rights to, 1–2, 8, 9, 59, 68, 80, 120–21
non-aboriginal rights to, 68, 121
respect, 2, 45, 65, 111
for human agency, 39, 44
and power, 59–60
of rights of others, 33, 59
responsibilities, 21, 56, 112
and rights, 32, 50, 90, 96, 100, 101–2, 110
rich vs. poor, 19–20, 114
rights. See also group rights; individual rights; specific rights abuse of, 37–38
as adjudicators of conflict, 25, 31
community created by, 32, 33–34, 53– 54, 125, 127, 139, 140
conflict between, 9, 25, 30, 31
and democracy, 1–2, 6
enforcement of, 35
equality of, 55, 62, 63, 65, 86, 119, 120, 139, 140, 141
as expressing values, 3, 31, 33, 53, 54
as indivisible, 48–49, 53, 125–26
as legitimizing, 32, 33
origins of, 27–29
as precondition of agency, 23, 53
vs. privileges, 27, 55, 65
as reciprocal, 32, 53
and respect, 33, 45
and responsibilities, 32, 50, 90, 96, 100, 101–2, 110
and societal reform, 32–33
rights claims
costs of, 119 (see also redress)
and national unity, 119
rights culture, 33, 46
Canadian, 7–9, 11–12, 13–14, 27, 124–25
and national unity, 126–27
in other countries, 2, 7, 8, 11–12
rights struggles, 4, 5–6
benefits to all citizens of, 117
rights talk, 9, 18, 45, 52, 53, 78
exported by Canada, 10–11, 13
and inequality, 16, 19–20, 24, 29, 30
as language of politics, 17, 20
and language of the good, 20, 21, 22
limitations of, 19–21, 24, 29
and national unity, 117
and societal reform, 16, 32–33, 90
right to be different, 2, 54, 66
Roosevelt, Eleanor, 46
Rousseau, Jean-Jacques, 27
Royal Commission on Aboriginal
Peoples, 80
Russell, Peter, 11
Russia, 61. See also Soviet Union
Rwanda, 10–11, 51, 140
sacrifice, 72, 98, 126
in family life, 97–98, 99, 103–4, 107, 110
same-sex families, 90, 102, 103, 110, 113
Saul, John Ralston, 132
Scandinavia, 38
scarcity, 92, 93
Schiller, (Johann Christoph)
Friedrich von, 48
Schumpeter, Joseph, 91
Scotland, 12
secession, 8–9, 104, 122, 133
self-government, 67, 68, 73, 76, 79, 13
3, 134
aboriginal, 3, 11–12, 16, 18, 28, 59, 60, 61, 76, 80, 82–83
right to, 13, 50, 59, 66
self-respect, 60–61, 76, 107, 112
Selma (Alab.), 3
Serbia, 49, 133
sexual equality, 113
sexual identity, 85, 90
sexual inequality, 19, 92
sexual revolution, 85, 89, 90, 96, 106
Shakespeare, William, 30, 146n11 Shoah, 138
single-parent families, 90, 101, 102, 104, 105
social inequality, and rights talk, 19–20, 24
social security, 89
Solidarity, 3–4
Somalia, 50
South Africa, 13
sovereignty
devolution of, 12, 134
national, 44, 46, 49, 50, 52
popular, 45, 46
shared, 80–81, 84
Soviet Union, 4. See also Russia
speech, freedom of, 5, 17, 33, 88
Sri Lanka, 13
Stalin, Joseph, 23
state-nations, 128–29, 129–30
states, 49. See also political space abuse by, 49, 50–51
civic nationalist, 128–29, 129–30
ethnic nationalist, 128–29, 132, 140
legitimacy of, 67
multinational, 10, 11, 12–13, 65
neutrality of, 69–70, 73
sterilization, 38–39, 125
straights vs. gays, 19, 114
Strasbourg, 44
Supreme Court of Canada, 8, 9, 10, 13, 17, 30
taxation, 24, 97, 119, 126
exemption from, 59, 68
without representation, 68, 149n7
Taylor, Charles, 11, 86
Texas, 46
The Hague, 11
The Personal Is Political, 17
Third World, 10
toleration, 87, 88, 89, 122
Toronto, 129, 131
trade unions, 3, 33. See also union rights
treaties, 8, 58–59, 80–81, 121
treaty rights, 15–16, 58, 61, 68, 80
Trudeau, Pierre Elliott, xii, 7, 17, 63, 64, 65, 69
trust, 21, 33, 91, 100, 109
Tully, James, 11
tyranny, 23, 45, 65, 70, 88
unborn, rights of, 90, 101–2
unemployment insurance, 8, 10, 30, 110, 119
union rights, 5, 16, 20. See also
trade unions United Nations, 6, 37, 49, 51
United States, 3, 11, 13, 38, 46, 60, 128–29
pre-existing rights in, 28
rights culture of, 7, 8, 11–12, 46
Universal Declaration of Human
Rights, 3, 10, 49
U.S. Congress, 46
U.S. Constitution, 46
use rights, 121, 123
values, 2, 91, 130, 137
expressed as rights, 3, 31, 33, 53, 54
local, 45–46
Vancouver, 131, 149n7
victims, 17–18, 45, 50, 114–15, 119.
See also redress
Vienna, 4
violence, 9, 76, 84, 137
avoidance of, 9, 25, 31, 32
vs. conflict, 6, 11
voting rights, 3, 5, 31, 47, 68