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,
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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.
From the 1870’s until the last school closed in 1996, at least 150,000 Indigenous children attended residential schools in Canada. More than 130 government mandated schools existed across the country. These schools were church administered, with the express purpose of forcibly removing Indigenous children from their native culture, in an effort to assimilate them into Euro-Canadian culture and thereby “kill the Indian in the child”. Countless families were torn apart as the Canadian government placed
With the passage of the British North American Act in the 1867 and the implementation of the Indian Act in 1876, the “government was required to provide Indigenous youth with an education to integrate them into Canadian society” (Brady 1995). The first residential schools were set up in the 1880s and peaked around the 1920s. After the residential school system was established, children were stripped away from their parents and had no freedom to choose whether they wanted to attend. In these schools heavily controlled by catholic churches, children were forced to pray to whom they had no connection with and forbidden to practice their own culture. The goal was to “convert the children to Christianity and
n response to the criticisms of those who are anti-judicial activism, “supporters of judicial activism say such activism through judicial review is necessary because it allows the courts to step in and fill gaps in the law where minorities are not protected because of political pressures and where politicians are afraid to legislate” . This raises the argument that judges and the judiciary play a balanced activist legislative role in such a way that it protects the rights of minorities from legislation or regulation imposed by the government. Within our democratic system, legislators will pay attention to what the majority wants and they will pursue public policies, which favour the majority. This leaves minority interests vulnerable to the legislations and regulations imposed by the government. By playing an active role, the judiciary ensures that the rights of the minorities are protected and that law does not contravene with the Charter of Human Rights and the Constitution of Canada. Through this kind of judicial activism, the courts strike a balance with the legislatures role. This is not to say that the judiciary takes on the role of policymaking and the legislature, but rather that both institutions embrace what is referred to as a “dialogue” where there is a balance between judicial decision-making and legislative-executive decision making . However, according to MacKay, “it is legitimate for the courts to engage in a form of judicial policy making so long as they do
Residential Schools were systems set in place by the Government of Canada and enforced by Christian churches as a way to approach the “issue” of the First Nations. They were used by the government to assimilate the Aboriginal children into European culture. It is significant that Canadians remember this time in history because it's not so far in the past. We see the repercussions to this day. This source shows the perspective of the Government, and supporters of the Government. On the other hand Aboriginal people may disagree, they are still greatly struggling with misfortune due to Residential Schools. The perspective shown in the source should be looked into considering the government's insufficient response to the legacies left behind by Residential Schools. For example we see higher prison rates, more drop outs, and family abuse more than most cultural groups in
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
While the initial objective was for the schools to help integrate First Nations children into the mainstream society they lived in, this integration clearly became an attempt at conversion. The children were removed from their families for extended durations, attempting to ensure Canadian-Christian upbringing. The residential schools original goal drastically changed, with their disgraceful policy regarding forbidding Aboriginal children from any kind of acknowledgement and recognition of their native language and culture. There are numerous reports of physical, psychological and sexual abuse experienced by Indigenous children in residential schools and painful consequences that in most cases last a lifetime (Hanson, E.).
After the Church union in 1925 and the federal government establishing formal partnerships with the church led to a nationwide system of residential schools for First Nations children. The system already had origins in the laws enacted before Confederation, but was activated following the passing of the Indian act in 1876. In 1884 an amendment to the Indian act was implemented making it mandatory for attendance, before this, in 1874 the Canadian Government under Prime minister Alexander Mackenzie, began removing First Nations children from their families and communities and placing them into indian Residential schools. The federal government argued that because they had a responsibility for educating and caring for the First Nations people, these people would have to learn english and adopt Christianity and settler customs. A assumption that it would carry through the generations and thus, within a generation or two, First Nations cultures would disappear. Distance of residential schools from most communities was a long journey. This was due to the remote nature of most communities and the intentional reasoning to keep families apart. It was thought that families would interfere in the assimilation process. First nations
The Canadian government enacted an Indian Act in 1876 which outlines their approach towards the elimination of the Aboriginal government, land, religion, and so on. This policy’s central goal was to assimilate the entire aboriginal population into Canadian civilization. The act described how to categorize one as an Indian, how one could lose their Indian status, the abolition of Native traditions and practices, and much more. Through residential schooling, which was administered through the Indian Act, the country was able to force allegiance in mass volumes. The word ‘residential schools’ refers to a schooling system which intends to enforce Euro-Canadian values into Aboriginal youth. After many years of agonizing discrimination and
In the mist of the countries involvement in one of the most grueling wars in history new barriers were broken to make room for an equal America. Although true equality was not reached, these short four years would lead to the turning point in American acceptance toward diversity, both in and out of the work place. The movement of thousands of men overseas create a substantial gap in the work place, creating a never before seen chance for women, Blacks, and immigrants to flood the many war based jobs. At the same time, the Japanese faced radical discrimination for the events in which provoked the United States entry in to the War. In the years incasing WWII opportunity opened to those who had been affected hardest but
Throughout the 1950’s and 1960’s Canada achieves it’s ‘just society” by developing equal and fair rights through collective rights for some of its most affected groups. Canada achieved its goal in becoming a just society by amending the collective rights of the Aboriginals. Since Confederation the Federal
Up until the year 1870 African Americans could not vote in any election in American. (U.S. Voting Rights). In the past America has been making a lot of changes in our voting system’s equality. In the present, legally African Americans have the same rights as a white man does. In the future the rights will not get any better or worse. Throughout history The African American voting rights have improved to the present day and will stay the same in the near future.
Residential schools first started appearing in the 19th century. They were introduced as a way to mold children into civilized people. Their goal was to eradicate the Indigenous culture and once they were Canadian citizens, they could be a part of society. In the eyes of the Europeans who colonized, they were educating these wild beings. Many of the churches took the responsibility of teaching the children. They would teach the
Aboriginal people in Canada are the native peoples in North America within the boundaries of present-day Canada. In the 1880’s there was a start of residential schools which took Aboriginal kids from their family to schools to learn the Roman Catholics way of culture and not their own. In residential schools Aboriginal languages were forbidden in most operations of the school, Aboriginal ways were abolished and the Euro-Canadian manner was held out as superior. Aboriginal’s residential schools are careless, there were mental and physical abuse, Aboriginals losing their culture and the after effects of residential schools.
Television shows such as Dateline, 60 Minutes and 20/20 have often aired segments on discrimination within the justice system through hidden cameras recording police behavior towards minorities, interviews with minorities falsely accused or mistreated, and by referring to capital punishment statistics seemingly biased especially towards blacks. The Justice Files has produced several biographies on minorities who were subjected to some atrocity by the American justice system. General interpretation of nationwide statistics seem to give the public the feeling that minorities are more likely to be incarcerated or subjected to capital punishment and more frequently experience racism by police officers, juries or
The Indian Act was enacted in 1867 by the Parliament of Canada. The Department of Aboriginal Affairs and Northern Development administered the act. The act defines who an “Indian” is and the legal rights of the Aboriginal people in Canada. Regulation of the economic system between aboriginal people and the government of Canada is included in the Indian Act. It also includes the power the ministers have on the aboriginal people including children and disabled Aboriginals. If the laws are not obeyed, the punishment is written in the act. The Indian Act was influenced by the legislative foundation of the Royal Proclamation, 1763, which recognized Aboriginals as a distinct political unit (Residential schools). The Royal Proclamation, 1763, thought that it was their duty to protect the Aboriginal people from the Canadian society. The Royal Proclamation, 1763, had the responsibility for Aboriginal affairs in Canada with British imperial authorities. However, by the mid-1800s Britain began to transfer this responsibility to Canadian colonies. Then the Canadian authorities passed the First Indian Act. Over the years many amendments have been made to the Indian Act.The Indian act passed out a law that any children under the ages of 16 had to study at Residential schools (Residential schools), the children there were physically abused, especially girls. (Churchill, 55-56). The Indian act is significant today because on June, 11 2008, Prime Minister Stephen Harper, on behalf of the