UNI320Y: Canadian Questions: Issues and Debates

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UNI320Y Canadian Questions Issues and Debates

• Week 1 Citizenship, Nationalism,
• Liberalism
• Professor Emily Gilbert
• http//individual.utoronto.ca/emilygilbert/

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Citizenship, Nationalism, Liberalism

• What is Citizenship?
• Canadian Citizenship

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I. What is Citizenship?

• Denotes membership in a political community
  inclusions and exclusions
• Participation in deliberative decision-making
• Rights and responsibilities
• Gabriel How we define citizenship has
  implications for the kind of society and
  political community that we live in

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Origins in ancient Greece and Rome

• Ancient Greece
• Citizens are native-born, male heads of
  household property- and slave-owners warriors
• Citizens participate in political decision-making
  in the polis (city-state)
• Citizenship a public responsibility and honour

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• Athens Agora, a place of gathering
• Pnyx

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• Raphael (1509-10) The School of Athens

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• Ancient Rome
• More flexible notion of citizenship, extended
  across Roman empire
• Emphasis on duties and rights
• Being a citizen entails being free under the law,
  and receiving the laws protection
• Distinction between civil and political rights

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Liberalism,nationalism and citizenship

• Liberalism
• European Enlightenment (18th century) and
  rejection of divine rule
• Rise of individual rights and freedoms, limits to
  government, the rule of law, the freedom of the
  market
• Emergence of idea of human equality
• Idea of contractual relationship with government
  (Hobbes Locke Rousseau)

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• Nationalism
• Treaty of Westphalia (1648) and state autonomy,
  sovereignty and self-rule
• Rise of nationalism in 18th centuryidea that
  nation (people) have political claim to a state

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American War of Independence (1775-83)

• No taxation without representation
• Rule by the people, for the people
• Republicanism

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• John Trumbull (c.1817)
• The Declaration of Independence

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Declaration of Independence (1776)
in the Name, and by Authority of the good
People of these Colonies, solemnly publish and
declare, That these United Colonies are, and of
Right ought to be Free and Independent States
that they are Absolved from all Allegiance to the
British Crown, and that all political connection
between them and the State of Great Britain, is
and ought to be totally dissolved and that as
Free and Independent States, they have full Power
to levy War, conclude Peace, contract Alliances,
establish Commerce, and to do all other Acts and
Things which Independent States may of right do.
We hold these truths to be self-evident, that
all men are created equal, that they are endowed,
by their Creator, with certain unalienable
Rights, that among these are Life, Liberty and
the pursuit of Happiness.
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French Revolution (1789-1799)

• Replacing the monarchy with self-rule
• Equality and emancipation are key principles
• Liberté, égalité, fraternité, ou la mort!
  ("Liberty, equality, fraternity, or death!")

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• Eugene Delacroix (1830) Liberty Guiding the
  People

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1789 The Declaration of the Rights of Man and of
the Citizen

• From Article III The principle of any
  sovereignty resides essentially in the Nation. No
  body, no individual can exert authority which
  does not emanate expressly from it."
• From Article VI "All the citizens, being equal
  in the eyes of the law, are equally admissible
  to all public dignities, places, and employments,
  according to their capacity and without
  distinction other than that of their virtues and
  of their talents."

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British North America Act, 1867

• An Act for the Union of Canada, Nova Scotia, and
  New Brunswick
• WHEREAS they have expressed their Desire to be
  federally united into One Dominion under the
  Crown of the United Kingdom of Great Britain and
  Ireland, with a Constitution similar in Principle
  to that of the United Kingdom
• And whereas such a Union would conduce to the
  Welfare of the Provinces and promote the
  Interests of the British Empire
• And whereas on the Establishment of the Union by
  the Authority of Parliament it is expedient, not
  only that the Constitution of the Legislative
  Authority in the Dominion be provided for, but
  also that the Nature of the Executive Government
  therein be declared
• And whereas it is expedient that Provision be
  made for the eventual Admission into the Union of
  other Parts of British North America
• 91. It shall be lawful for the Queen, by and with
  the Advice and Consent of the Senate and House of
  Commons, to make laws for the Peace, Order, and
  good Government of Canada, in relation to all
  Matters not coming within the Classes of Subjects
  by this Act assigned exclusively to the
  Legislatures of the Provinces

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• Robert Harris (c. 1883) Fathers of Confederation

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Social Citizenship

• TH Marshall (1950) Citizenship and Social Class
• Argued that modern citizenship is a progression
  of
• Civil rights 18th century
• Political rights 19th century
• Social rights 20th century

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• Social citizenship
• the right to a modicum of economic welfare and
  security, the right to share in the social
  heritage and to live the life of a civilized
  being according to the standards prevailing in
  society (Marshall 1950 10)
• Role of the welfare state security and community
• Alleviation of capitalist inequalities that
  undermine equal citizenship

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• So to recap, citizenshp
• Denotes membership in a political community
  inclusions and exclusions
• Participation in deliberative decision-making
• Rights and responsibilities
• Gabriel How we define citizenship has
  implications for the kind of society and
  political community that we live in

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II Canadian Citizenship

• 1945 Citizenship Bill introduced by Paul Martin
  Sr.
• Our "new Canadians" bring to this country much
  that is rich and good, and in Canada they find a
  new way of life and new hope for the future. They
  should all be made to feel that they, like the
  rest of us, are Canadians, citizens of a great
  country, guardians of proud traditions and
  trustees of all that is best in life for
  generations of Canadians yet to be. For the
  national unity of Canada and for the future and
  greatness of this country it is felt to be of
  utmost importance that all of us, new Canadians
  or old, have a consciousness of a common purpose
  and common interests as Canadians that all of us
  are able to say with pride and say with meaning
  "I am a Canadian citizen."
• 1947 Citizenship Act passes Canadians no longer
  British subjects under law

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• 1947 Citizenship Act passes Canadians no longer
  British subjects under law
• First citizenship ceremony 3 January, 1947

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• Citizenship Bill C-18 proposed in 2002
• a greater emphasis be placed on existing Canadian
  values by changing the oath of citizenship to
  include a direct expression of loyalty to Canada
  
• a permanent resident be physically present in
  Canada for a total of three years out of the six
  years immediately prior to applying for Canadian
  citizenship
• a fully judicial process be instituted under
  which a judge would decide if an individual's
  citizenship should be revoked
• new powers be granted to the minister to annul
  citizenship obtained through the use of a false
  identity
• the Governor-in-Council be able to refuse
  citizenship in those rare cases where a person
  demonstrates a flagrant disregard for Canadian
  values
• children adopted abroad by Canadians become
  citizens without having to enter Canada as
  permanent residents and apply for citizenship
  and
• citizenship commissioners, currently designated
  as citizenship judges, play a more active role in
  promoting Canadian citizenship.

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• Current oathI swear (or affirm) that I will be
  faithful and bear true allegiance to Her Majesty
  Queen Elizabeth the Second, Queen of Canada, Her
  Heirs and Successors, and that I will faithfully
  observe the laws of Canada and fulfill my duties
  as a Canadian citizen.
• New oathFrom this day forward, I pledge my
  loyalty and allegiance to Canada and Her Majesty
  Elizabeth the Second, Queen of Canada. I promise
  to respect our country's rights and freedoms, to
  uphold our democratic values, to faithfully
  observe our laws and fulfill my duties and
  obligations as a Canadian citizen..

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• CIVIL RIGHTS
• 1960 Canadian Bill of Rights right of
  individuals to life, liberty, personal security
  and enjoyment right to equality before the law
  freedoms of religion, speech, assembly and
  association, and the press and legal rights such
  as the rights to counsel and fair hearing.
• 1977 Citizenship Act and equal treatment for all
  applicants
• 1982 Canadian Charter of Rights and Freedoms
  sets out Fundamental freedoms Democratic, Legal,
  Mobility and Equality Rights Official Language
  and Minority Language Education Affirms
  Aboriginal Rights Regional Equalization
• Bill C-16 revised Citizenship Act introduced but
  not passed

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• POLITICAL RIGHTS (some highlights)
• 18th century income and property requirements
• 1917-1920 Wartime Elections Act
  enfranchisement/disenfranchisement
• 1919 women win federal suffragein provinces
  19161917 (Man, Sask, BC, Ont) but NB in 1934,
  Que in 1940
• 1948 voting extended to those of Chinese, East
  Indian and Japanese origin
• 1949 non-status Aboriginals given right to vote
  in BC (Que in 1969)
• 1950 full federal franchise extended to Inuit
• 1960 status Indians enfranchised
• 1982 Canadian Charter of Rights and Freedoms s.3
  states that every citizen of Canada has the
  right to vote in an election of members of the
  House of Commons or of a legislative assembly and
  to be qualified for membership therein
• 2000 homeless allowed to vote
• 2002 prisoners can vote in federal elections and
  referendums

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• SOCIAL RIGHTS
• 1946 Paul Martin Sr. citizenship is the right
  to full partnership in the fortunes and future of
  the nation
• 1940 UI (greatly expanded 1971, eg maternity)
• 1949 Family Allowance
• 1966 The Canada Pension Plan and Quebec
  Pension Plan
• 1966 Canada Assistance Plan
• 1966 Medical Care Act

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Citizenship Debates

• Gabriel
• Rights vs. responsibilities active vs. passive
  citizenship
• Universality vs. difference public vs. private
• The national vs. the global
• Trimble
• Barriers to full citizenship second-class
  citizens

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• Rights vs. Responsibilities active vs. passive

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• Universality vs. difference public vs. private
• Concerns
• Social rights organized through participation in
  workforce
• Identities associated with the private realm are
  ignored cultural and group affiliations are
  superseded by individual rights, rooted in
  notions of impartiality and rationality
• Full participation not guaranteed by legal
  citizenship status

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• National vs. the global
• Critiques
• Globalization has eroded state power through
  which citizenship has traditionally been
  organized
• Increasing transnational affiliations migration
  and diaspora
• Sense of responsibility (and rights?) to
  trans-national issues eg environment

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• Women and second-class citizenship
• public-private divide
• rational, universal (male) citizen vs. emotional,
  illogical (women) caregivers
• Women need to perform mens work to be citizens
• Welfare state premised on nuclear family model
• Neoliberalism economic freedom over equality and
  solidarity
• Neoconservatism order, stability and continuity
  and traditional family relations

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Conclusions

• Citizenship status entails rights,
  responsibilities and belonging in a political
  community
• Traditionally citizenship has entailed civil,
  political and social rights
• But citizenship is being challenged on a number
  of fronts
• Who can be a citizen and how full citizenship is
  or can be realized are crucial social and
  political questions in contemporary Canada