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Essay about Minority and majority rights

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The rights of many people versus the rights of an individual is certainly a vexing concept. Like a delicate balancing act; if one side is favoured over the other it causes a rift in the already strained relationship between the minority and majority. Evidently, the justification of taking any side must be valid, according to the theories of H.L.A. Hart. In the past, Canadian law has violated the rights of minorities; however, these violations have decreased in their severity as time has passed on. Some cases where the balance between minority and majority rights is questioned is in The Canadian Indian Residential School System, Bill 101, Equality in the Workplace and The Public Service Act.
To begin, Aboriginal rights have, historically, …show more content…

The Act was amended for the first time in 1885, the amendment prohibited religious practices and traditional dances. The validity of these laws is questionable. According to H.L.A. Hart’s philosophies: these measures were not valid. Laws are to protect society from exploitation and violence of the weak and vulnerable; instead children were taken out of their homes and forced into a new strange environment where they were likely abused. One of Hart’s theories says that: for a law to be valid, rules should be obeyed because they make sense, not because of the fear of punishment. In these residential schools the Children were forced to dress, speak and act in a European manner – they would receive harsh punishments otherwise; clearly, this is not valid. It was a serious violation of human rights for a minority group in the human population. Canada has recognized this and in 2007 a 1.9 billion dollar compensation package was put together for those who attended residential schools; a formal apology was also delivered by Stephen Harper to residential school students in 2008. Therefore, Canada has severely violated the rights of the Aboriginal minority in the interest to assimilate them into Canadian society; the mistake was recognized and compensation was given. It is no secret that French-English relations in Canada have been strained in the past and still are – albeit to a lesser extent.

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