UNI320Y: Canadian Questions: Issues and Debates

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UNI320Y Canadian Questions Issues and Debates

• Week 11 Differentiated Citizenship?
• Professor Emily Gilbert
• http//individual.utoronto.ca/emilygilbert/

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Differentiated Citizenship?

1. The Citizenship Regime
2. Differentiated Citizenship
3. Transnational Action

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I Citizenship Regime

• the institutional arrangements, rules, and
  understandings that guide and shape concurrent
  policy decisions and expenditures of states,
  problem definitions by states and citizens, and
  claims making by citizens (Jenson and Papillon
  246)

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Citizenship regime

1. Boundaries of inclusion and exclusion formal
   recognition of rights and ability to exercise
   those rights
2. Democratic rules of the game institutional
   rules, modes of participation, and claims making
3. Definition of the nation nationality and
   national identity
4. Sets the geographical borders of the political
   community

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• New citizenship regime after 1945
• Economy
• Politics
• Culture
• Social policy
• National identity
• Equity and distribution

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II Differentiated Citizenship

• Will Kymlicka, CRC in Political
• Philosophy, Queens U
• Multicultural Odysseys Navigating the New
  International Politics of Diversity (2007
  Oxford)
• Politics in the Vernacular Nationalism,
  Multiculturalism, Citizenship (2001 Oxford)
• Finding Our Way Rethinking Ethnocultural
  Relations in Canada (1998 Oxford)
• Multicultural Citizenship A Liberal Theory of
  Minority Rights (1995 Oxford)
• Liberalism, Community, and Culture (1989 Oxford)

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• The accommodation of difference is the essence
  of true equality Supreme Court of Canada
• Canada
• A multination state
• English, French, Aboriginal poeoples
• A polyethnic state

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• Three forms of group-differentiated citizenship
• Self-government rights
• Neogitated through federalism and reserves
• Polyethnic rights
• Protection of cultural particularity and pride
• Special representation rights
• Marginalized groups and regions

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• Individual vs. group rights
• Right of a group against larger society
• External protections
• Right of a group against its own members
• Internal restrictions
• Provisions for external protections do not lead
  to domination, but equal footing
• Do not restrict individual rights
• Internal restrictions are to be avoided

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• Social unity
• Demand for representation and polyethnic rights
  as a demand for inclusion
• But which groups are represented, and by whom?
• Self-government as weakening the bonds with
  larger community
• Intergovernmental bodies, but not federal bodies
• Potential for dual citizenship
• But denial of self-government can lead to
  increased sense of alienation, desire for
  secession

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III James Bay Cree (Eeyouch)

1. 1970s action against hydroelectric development
   and 1975 James Bay and Northern Quebec Agreement
2. 1988 opposition to James Bay II
3. 1990s mobilization in national unity debate

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• 1970s Proposed James Bay development
• No political consultation with Aboriginal people
  5,000 Cree and 3,500 Inuit
• 1971 chiefs of 8 bands come together
• Mounted judicial challenge and court injunction
  asserts legal obligation to negotiate treaty
• 1974 Grand Council of the Crees created
• 1975 James Bay and Northern Quebec Agreement
• Land settlement 170,000 km²
• 250 million dollars compensation
• 1986 contruction of first stage completed

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• 1980s James Bay II
• 1986 proposal to dam and reroute Grande-Baleine
  River 3 power plants, and flooding 1,700 km2
• 1987 Matthew Coon Come elected as grand chief
  and Chair of Grand Council of Crees
• Attempts to stop project for environmental
  reasons
• Aim is to advance Cree right for self-governance
  (and not just Aboriginal title)
• Used courts to force Hydro-Quebec to undertake
  environmental evaluation
• Mobilization of public in northeastern US
• Identity claims as Eeyouch, and Eeyou Astchee

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• 1990s Constitutional Politics
• 14 Nov 1994 Parizeaus government announces
  Great Whale project on hold
• Cree concerns about Quebec sovereignty
• Fiduciary responsibility of federal government
• Anglophone population
• Claims to Quebec as ancestral lands
• Cree consultative referendum

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• 21st Century
• 2002 Agreement Concerning a New Relationship
  (Paix des Braves) signed
• 70 of Cree supported agreement in a referendum
• Nation-to-nation agreement recognized in
  Preamble
• More revenue-sharing and joint management of
  mining, forestry and hydroelectric resources
  and employment
• Paves way for final James Bay project Eastmain-1
  power station
• 2004 agreement signed for joint environmental
  assessment of the Rupert River Diversion
• 2007 construction begins on Rupert River
  Diversion

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• Transnational action weak because still oriented
  through nation-state
• Importance of naming
• Generates strategic resources
• Sets discursive boundaries
• Locates communities in relationship to one
  another
• Consequences for routing of claims through state
  institutions

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Cree activism leads to

1. Claims for recognition of collective rights and
   participation in public debate (eg Charter
   recognition)
2. National identity claims and idea of
   multicultural nation
3. Questions regarding national borders and a
   divisible Canada
4. Legitimacy of democratic rules as only
   provincial-federal dynamic

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