ID: | HARP-145 |
Title: | Canadian pluralism, the Charter, and citizenship education |
Source: | Canadian Ethnic Studies, v.32(1) 2000 pg 89-110 CBCA Fulltext: http://delos.lib.sfu.ca:8366/cgi-bin/slri/z3950.CGI/137.82.100.228.350957673/?cbca.db |
Parties: | |
Dispute Resolution Organ: | |
Year: | 2000 |
Pages: | 0 |
Author(s): | |
Keywords: | Canada, citizenship, constitution, culture, economic, social, and cultural rights, human rights, religion, religious discrimination, civil and political rights, educational rights, education, minority rights, family |
Abstract: | As the constitutional document defining the entitlement of Canadians, the Charter of Rights and Freedoms establishes the legal parameters of citizenship in Canada. Since its adoption in 1982, not only individuals but members of cultural groups have gone to the courts to ascertain their entitlements as citizens. Thus, Francophones have litigated their linguistic educational rights particularly on the basis of section 23 of the Charter. Litigation across Canada affirms that mother tongue instruction in schools has a fundamental role to play in maintaining the vitality of official language minorities in the country. This affirmation is accompanied by court rulings on, among others, educational services for Francophone students, management and control of educational facilities, and allocation of financial resources. Religious minorities have also tested the extent of their lights in the courts and have received a mixed message. The imposition in the classroom of any religion other than their own has been confirmed as constitutionally impermissible. Yet, their entitlement to government support for religious schools intended to preserve their religions has been denied. Like the minority religious groups, ethnocultural groups have received protection against hate and discrimination on account of their culture or cultural practices. Legal parameters are now evident but further group litigation may be expected. The confirmation of group rights in Canada through Charter litigation makes it necessary that group rights become part not only of the management and administration of schools, but also of the activities and the curriculum for study by all children. In a culturally diverse society such as Canada, study of the extent and limits of rights by future citizens is vitally important. |
Secured: | False |
Download Article: | Available here |