Reconsidering the constitution, minorities and politics in Canada

Canadian Journal of Political Science

Volumn 33, Issue 3, 2000, Pages 465-497

  Abu Laban, Yasmeen ^a   Nieguth, Tim ^a  

^a UNIVERSITY OF ALBERTA   (Canada)

Author keywords

[No Author keywords available]

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EID: 0034552341     PISSN: 00084239     EISSN: None     Source Type: Journal    
DOI: 10.1017/S0008423900000160     Document Type: Article

References (149)

1. For helpful and constructive comments, we would like to thank Claude Couture, Kent Weaver and the anonymous reviewers for this JOURNAL. Earlier versions of this article were presented at the Conference on Constitutional Reform and Constitutional Jurisprudence, Institute for Canadian Studies, University of Augsburg, Germany, October 1999, and the Conference on Nationalism, Federalism and Identities, organized by Faculté St. Jean, University of Alberta and Association Canadienne-Française de l'Alberta, Edmonton, December 1999.
2. In this article we use the terms ethnic minorities, ethnocultural minorities and minorities to refer to the collectivity of Canadians who are of non-British, non-French and non-Aboriginal origin.
3. See Allan Tupper, "English-Canadian Scholars and the Meech Lake Accord," Internationa/Journal of Canadian Studies 7 (1993), 351.
4. Specifically, we examine both official position papers/documents as well as presentations made by minority leaders in government fora dealing with constitutional issues since 1980 of both national and umbrella associations. The focus on ethnocultural leaders/spokespersons has its limitations in that the pertinent question of representation/representativeness is difficult to assess; nonetheless this approach can yield important insight into the dynamics of race, ethnicity and the constitution.
5. While we focus on empirical discussions, it should be noted that Canadian political philosophers like Charles Taylor and Will Kymlicka have focused on identity and minorities, although their internationally recognized work has more to do with illuminating the optics of liberalism, than the specific rough-and-tumble of the politics of constitutional change. In contrast, the work of James Tully is a major normative contribution to the study of constitutionalism, diversity and recognition which draws from a range of historical and contemporary examples to address whether modern constitutions can recognize and accommodate cultural diversity. See Charles Taylor, "The Politics of Recognition," in Amy Gutmann, ed., Multiculturalism and the Politics of Recognition (Princeton: Princeton University Press, 1992); Will Kymlicka, Multicultural Citizenship (Oxford: Oxford University Press, 1995); and James Tully, Strange Multiplicity: Constitutionalism in an Age of Diversity (Cambridge: Cambridge University Press, 1995).
6. While we focus on empirical discussions, it should be noted that Canadian political philosophers like Charles Taylor and Will Kymlicka have focused on identity and minorities, although their internationally recognized work has more to do with illuminating the optics of liberalism, than the specific rough-and-tumble of the politics of constitutional change. In contrast, the work of James Tully is a major normative contribution to the study of constitutionalism, diversity and recognition which draws from a range of historical and contemporary examples to address whether modern constitutions can recognize and accommodate cultural diversity. See Charles Taylor, "The Politics of Recognition," in Amy Gutmann, ed., Multiculturalism and the Politics of Recognition (Princeton: Princeton University Press, 1992); Will Kymlicka, Multicultural Citizenship (Oxford: Oxford University Press, 1995); and James Tully, Strange Multiplicity: Constitutionalism in an Age of Diversity (Cambridge: Cambridge University Press, 1995).
7. While we focus on empirical discussions, it should be noted that Canadian political philosophers like Charles Taylor and Will Kymlicka have focused on identity and minorities, although their internationally recognized work has more to do with illuminating the optics of liberalism, than the specific rough-and-tumble of the politics of constitutional change. In contrast, the work of James Tully is a major normative contribution to the study of constitutionalism, diversity and recognition which draws from a range of historical and contemporary examples to address whether modern constitutions can recognize and accommodate cultural diversity. See Charles Taylor, "The Politics of Recognition," in Amy Gutmann, ed., Multiculturalism and the Politics of Recognition (Princeton: Princeton University Press, 1992); Will Kymlicka, Multicultural Citizenship (Oxford: Oxford University Press, 1995); and James Tully, Strange Multiplicity: Constitutionalism in an Age of Diversity (Cambridge: Cambridge University Press, 1995).
8. Howard Palmer, "History and Present State of Ethnic Studies in Canada," in Wsevolod Isajiw, ed., Identities: The Impact of Ethnicity on Canadian Society, Canadian Ethnic Studies Association Vol. 5 (Toronto: Peter Martin, 1977), 173.
9. Evelyn Kallen, "Academics, Politics and Ethnics: University Opinion on Canadian Ethnic Studies," Canadian Ethnic Studies 13 (1981), 121-22.
10. Palmer, "History and Present State of Ethnic Studies in Canada," 174-75.
11. Jerzy Zubrzycki, "Research on Ethnicity in Australia and Canada," in Isajiw, ed., Identities, 186.
12. V. Seymour Wilson. "The Tapestry Vision of Canadian Multiculturalism," this JOURNAL 26 (1993), 646.
13. Rupert Taylor, "Political Science Encounters 'Race' and 'Ethnicity,'" Ethnic and Racial Studies 19 (1996), 891.
14. Wilson argues that the reasons include the sense amongst some political scientists that ethnicity should disappear as a political force; that class is more important than ethnicity; and that Canadian political science's traditional concern over federalism addresses at best only those ethnic/national groups that may be territorially accommodated. (Wilson, "The Tapestry Vision," 646-47).
15. See the discussion in Audrey Kobayashi, "Advocacy from the Margins: The Role of Minority Ethnocultural Associations in Affecting Public Policy in Canada," in Keith G. Banting, ed., The Nonprofit Sector in Canada: Roles and Relationships (Montreal: McGill Queen's University Press, 2000), 233-35.
16. Daiva Stasiulis, "Participation by Immigrants, Ethnocultural/visible Minorities in the Canadian Political Process," in Canada, Department of Canadian Heritage, Immigrant and Civic Participation: Contemporary Policy and Research Issues (November 1997) 12-29.
17. Alan C. Cairns, "Political Science, Ethnicity and the Canadian Constitution," in David P. Shugarman and Reg Whitaker, eds., Federalism and Political Community: Essays in Honour of Donald Smiley (Peterborough: Broadview, 1989), 117.
18. See Carol A. Aylward, Canadian Critical Race Theory: Racism and the Law (Halifax: Fernwood, 1999).
19. Alan C. Cairns, "Citizens (Outsiders) and Governments (Insiders) in Constitution-Making: The Case of Meech Lake," Canadian Public Policy 14 Supplement (1988), S138.
20. Guy Laforest, Trudeau and the End of a Canadian Dream (Montreal: McGill-Queen's University Press, 1995), 137-38.
21. Jennifer Smith, "Representation and Constitutional Reform in Canada," in David Smith, Peter MacKinnon and John Courtney, eds., After Meech Lake: Lessons for the Future (Saskatoon: Fifth House, 1991), 75.
22. Alan C. Cairns, Charter versus Federalism: The Dilemmas of Constitutional Reform (Montreal: McGill-Queen's University Press, 1992), 74.
23. F. L. Morton, "Group Rights Versus Individual Rights in the Charter: The Special Cases of Natives and Qubecois," in Neil Nevitte and Allan Kornberg, eds., Minorities and the Canadian State (Oakville: Mosaic, 1985), 71.
24. Alan C. Cairns, Reconfigurations: Canadian Citizenship and Constitutional Change (Toronto: McClelland and Stewart, 1995), 120-21. Cairns's position on this is somewhat contradictory. He has also said that "the written constitution has always been sensitive to ethnicity, with a preamble referring to a 'Constitution similar in Principle to that of the United Kingdom,' allocation of legislative authority over 'Indians and Lands reserved for Indians,' to the federal government (Section 9 [24]), and indirectly in the limited French- and English-language requirements of Section 133." ( Charter versus Federalism, 109 ). Nonetheless, he does not discuss how social power is differentially reflected in the provisions or absences of the Constitution.
25. Alan C. Cairns, Reconfigurations: Canadian Citizenship and Constitutional Change (Toronto: McClelland and Stewart, 1995), 120-21. Cairns's position on this is somewhat contradictory. He has also said that "the written constitution has always been sensitive to ethnicity, with a preamble referring to a 'Constitution similar in Principle to that of the United Kingdom,' allocation of legislative authority over 'Indians and Lands reserved for Indians,' to the federal government (Section 9 [24]), and indirectly in the limited French- and English-language requirements of Section 133." ( Charter versus Federalism, 109 ). Nonetheless, he does not discuss how social power is differentially reflected in the provisions or absences of the Constitution.
26. Neil Nevitte and Roger Gibbins, New Elites in Old States: Ideologies in the Anglo-American Democracies (Toronto: Oxford University Press, 1990), 88.
27. Laforest, Trudeau, 138.
28. Cairns, "Political Science," 122; Laforest, Trudeau, 138, and Roger Gibbins (Conflict and Unity [2nd ed.; Scarborough: Nelson, 1990], 262), among others, incorporate Cairns's description of the nature of ethnic minority constitutional discourse.
29. Cairns, "Political Science," 122; Laforest, Trudeau, 138, and Roger Gibbins (Conflict and Unity [2nd ed.; Scarborough: Nelson, 1990], 262), among others, incorporate Cairns's description of the nature of ethnic minority constitutional discourse.
30. Cairns, "Political Science," 122; Laforest, Trudeau, 138, and Roger Gibbins (Conflict and Unity [2nd ed.; Scarborough: Nelson, 1990], 262), among others, incorporate Cairns's description of the nature of ethnic minority constitutional discourse.
31. Rainer Knopff and F. L. Morton, Charter Politics (Scarborough: Nelson, 1992).
32. In Richard Simeon and Mary Janigan, eds., Toolkits and Building Blocks: Constructing a New Canada (Toronto: C.D. Howe Institute, 1991), 53.
33. Alan Cairns, ibid., 53. See also Cairns, Reconfigurations.
34. Alan Cairns, ibid., 53. See also Cairns, Reconfigurations.
35. Laforest, Trudeau, 138. A similar thesis is presented by some sociologists. See Gilles Bourque and Jules Duchastel, "Les identités, la fragmentation de la societé canadienne et la constitutionnalisation des enjeux politiques," International Journal of Canadian Studies 14 (1996), 77-94.
36. Laforest, Trudeau, 138. A similar thesis is presented by some sociologists. See Gilles Bourque and Jules Duchastel, "Les identités, la fragmentation de la societé canadienne et la constitutionnalisation des enjeux politiques," International Journal of Canadian Studies 14 (1996), 77-94.
37. Rainer Knopff and F. L. Morton, "Canada's Court Party," in Anthony Peacock, ed., Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation, and Theory (Toronto: Oxford University Press, 1996), 66.
38. See Knopff and Morton, Charter Politics, 90.
39. Smith, "Representation," 77.
40. Cairns, "Political Science" and Reconfigurations; a similar point is made by Smith, "Representation."
41. Cairns, "Political Science" and Reconfigurations; a similar point is made by Smith, "Representation."
42. Cairns, "Citizens (Outsiders) and Governments (Insiders)," S125.
43. Pierre Fournier, A Meech Lake Post-Mortem: Is Quebec Sovereignty Inevitable (Montreal: McGill-Queen's University Press, 1991) ix-31; Laforest, Trudeau, 138; Cairns, "Citizens (Outsiders) and Governments (Insiders), S.129. Outside the discipline of political science, this thesis is also well-entrenched. See for example, Gilles Bourque and Jules Duchastel, "Pour une identité canadienne post-nationale, la souveraineté partagée et la pluralité des cultures politiques," Cahiers de recherche sociologique 25 (1995), 17-58; and Gérard Bouchard, La nation québécoise au futur et au passé (Montréal: VLB Editeur, 1999).
44. Pierre Fournier, A Meech Lake Post-Mortem: Is Quebec Sovereignty Inevitable (Montreal: McGill-Queen's University Press, 1991) ix-31; Laforest, Trudeau, 138; Cairns, "Citizens (Outsiders) and Governments (Insiders), S.129. Outside the discipline of political science, this thesis is also well-entrenched. See for example, Gilles Bourque and Jules Duchastel, "Pour une identité canadienne post-nationale, la souveraineté partagée et la pluralité des cultures politiques," Cahiers de recherche sociologique 25 (1995), 17-58; and Gérard Bouchard, La nation québécoise au futur et au passé (Montréal: VLB Editeur, 1999).
45. Pierre Fournier, A Meech Lake Post-Mortem: Is Quebec Sovereignty Inevitable (Montreal: McGill-Queen's University Press, 1991) ix-31; Laforest, Trudeau, 138; Cairns, "Citizens (Outsiders) and Governments (Insiders), S.129. Outside the discipline of political science, this thesis is also well-entrenched. See for example, Gilles Bourque and Jules Duchastel, "Pour une identité canadienne post-nationale, la souveraineté partagée et la pluralité des cultures politiques," Cahiers de recherche sociologique 25 (1995), 17-58; and Gérard Bouchard, La nation québécoise au futur et au passé (Montréal: VLB Editeur, 1999).
46. Pierre Fournier, A Meech Lake Post-Mortem: Is Quebec Sovereignty Inevitable (Montreal: McGill-Queen's University Press, 1991) ix-31; Laforest, Trudeau, 138; Cairns, "Citizens (Outsiders) and Governments (Insiders), S.129. Outside the discipline of political science, this thesis is also well-entrenched. See for example, Gilles Bourque and Jules Duchastel, "Pour une identité canadienne post-nationale, la souveraineté partagée et la pluralité des cultures politiques," Cahiers de recherche sociologique 25 (1995), 17-58; and Gérard Bouchard, La nation québécoise au futur et au passé (Montréal: VLB Editeur, 1999).
47. Pierre Fournier, A Meech Lake Post-Mortem: Is Quebec Sovereignty Inevitable (Montreal: McGill-Queen's University Press, 1991) ix-31; Laforest, Trudeau, 138; Cairns, "Citizens (Outsiders) and Governments (Insiders), S.129. Outside the discipline of political science, this thesis is also well-entrenched. See for example, Gilles Bourque and Jules Duchastel, "Pour une identité canadienne post-nationale, la souveraineté partagée et la pluralité des cultures politiques," Cahiers de recherche sociologique 25 (1995), 17-58; and Gérard Bouchard, La nation québécoise au futur et au passé (Montréal: VLB Editeur, 1999).
48. Cairns, "Citizens (Outsiders) and Governments (Insiders), S138.
49. Knopff and Morton, Charter Politics, 82.
50. See Miriam Smith, "Social Movements and Equality Seeking: The Case of Gay Liberation in Canada," this JOURNAL 31 (1998), 285-309.
51. Alexandra Dobrowolsky, The Politics of Pragmatism: Women, Representation and Constitutionalism in Canada (Don Mills: Oxford University Press, 2000), 40.
52. Ibid., 159.
53. Didi Herman, "The Good, the Bad and the Smugly: Sexual Orientation and Perspectives on the Charter," in David Schneiderman and Kate Sutherland, eds., Charting the Consequences: The Impact of Charter Rights on Canadian Law and Politics (Toronto: University of Toronto Press, 1997), 212.
54. John Borrows, "Contemporary Traditional Equality: The Effect of the Charter on First Nations Politics," in Schneiderman and Sutherland, eds. Charting the Consequences, 169-99.
55. Linda Trimble, "'Good Enough Citizens': Canadian Women and Representation in Constitutional Deliberations," International Journal of Canadian Studies 17 (1998), 131-56.
56. See Canadian Human Rights Foundation, ed., Multiculturalism and the Charter: A Legal Perspective (Toronto: Carswell, 1987). The evidence on early Charter rulings suggests that Section 27 has mainly been used to modify rights claims from other sections - in particular Section 2 (religious freedom) and Section 15 (equality rights). See G.L. Gall, "Multiculturalism and the Canadian Charter of Rights and Freedoms: The Jurisprudence to Date under Section 27," in Canadian Ethnocultural Council, Taking Stock: The Jurisprudence on the Charter and Minority Rights (Ottawa: 1991), 73-186.
57. See Canadian Human Rights Foundation, ed., Multiculturalism and the Charter: A Legal Perspective (Toronto: Carswell, 1987). The evidence on early Charter rulings suggests that Section 27 has mainly been used to modify rights claims from other sections - in particular Section 2 (religious freedom) and Section 15 (equality rights). See G.L. Gall, "Multiculturalism and the Canadian Charter of Rights and Freedoms: The Jurisprudence to Date under Section 27," in Canadian Ethnocultural Council, Taking Stock: The Jurisprudence on the Charter and Minority Rights (Ottawa: 1991), 73-186.
58. James Walker, "Race" Rights and the Law in the Supreme Court of Canada (Toronto: Osgoode Society for Canadian Legal History, 1997), 302; see also Elizabeth Comack, ed., Locating Law: Race/Class/Gender Connections (Halifax: Fernwood, 1999).
59. James Walker, "Race" Rights and the Law in the Supreme Court of Canada (Toronto: Osgoode Society for Canadian Legal History, 1997), 302; see also Elizabeth Comack, ed., Locating Law: Race/Class/Gender Connections (Halifax: Fernwood, 1999).
60. Evelyn Kallen, "The Meech Lake Accord: Entrenching a Pecking Order of Minority Rights," Canadian Public Policy 14 Supplement (1988), 110-11. On a similar note, Henry and Tator point out that from "the earliest period of Canadian history, the notion of a hyphenated Canadian was part of the national discourse. There was English Canada and French Canada. In the creation of this cultural duality, the Fathers of Confederation disregarded the cultural/racial plurality that existed even at the time of Confederation. Aboriginal cultures and societies were ignored and excluded from the national discourse. As other cultural groups were rendered invisible, Canada imagined a national culture consisting of a unique blend of English and French values. As a result, three categories of citizens were recognized: English Canadians, French Canadians, and 'others.' Only the first two groups had constitutional rights" (Frances Henry and Carol Tator, "State Policy and Practices as Racialized Discourse: Multiculturalism, the Charter, and Employment Equity," in Peter Li, ed., Race and Ethnic Relations in Canada [2nd ed.; Toronto: Oxford University Press, 1999], 92).
61. Evelyn Kallen, "The Meech Lake Accord: Entrenching a Pecking Order of Minority Rights," Canadian Public Policy 14 Supplement (1988), 110-11. On a similar note, Henry and Tator point out that from "the earliest period of Canadian history, the notion of a hyphenated Canadian was part of the national discourse. There was English Canada and French Canada. In the creation of this cultural duality, the Fathers of Confederation disregarded the cultural/racial plurality that existed even at the time of Confederation. Aboriginal cultures and societies were ignored and excluded from the national discourse. As other cultural groups were rendered invisible, Canada imagined a national culture consisting of a unique blend of English and French values. As a result, three categories of citizens were recognized: English Canadians, French Canadians, and 'others.' Only the first two groups had constitutional rights" (Frances Henry and Carol Tator, "State Policy and Practices as Racialized Discourse: Multiculturalism, the Charter, and Employment Equity," in Peter Li, ed., Race and Ethnic Relations in Canada [2nd ed.; Toronto: Oxford University Press, 1999], 92).
62. As one well-known example, in his famous report, Lord Durham uses "nation" and "race" interchangeably. Thus he states "I found two nations warring in the bosom of a single state: I found a struggle, not of principles, but of races" (23). Indicating he also saw French Canadians as inferior, he wrote "The superior political and practical intelligence of the English cannot be, for a moment, disputed" (35). See Lord Durham, "Lord Durham's Report: An Abridgement of Report on the Affairs of British North America by Lord Durham," ed. by Gerald Craig (Toronto: McClelland and Stewart, 1963).
63. Stanley Ryerson, Unequal Union: Confederation and the Roots of Conflict in the Canadas, 1815-1873 (Toronto: Progress Books, 1968), 362. For a similar point, see (among others) Samuel LaSelva, The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood (Montreal: McGill-Queen's University Press, 1996), 136. Christian Dufour suggests that the establishment in 1867 of Canada as a federal state in general and the establishment of a predominantly French province in particular marked the first modest political victory of French Canadians (A Canadian Challenge [Lantzville: Oolichan Books, 1990], 66). The modesty of the gains of French Canadians leads Dufour to call for Quebec separation. See also Christian Dufour, La rupture tranquille (Montreal: Boréal, 1992).
64. Stanley Ryerson, Unequal Union: Confederation and the Roots of Conflict in the Canadas, 1815-1873 (Toronto: Progress Books, 1968), 362. For a similar point, see (among others) Samuel LaSelva, The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood (Montreal: McGill-Queen's University Press, 1996), 136. Christian Dufour suggests that the establishment in 1867 of Canada as a federal state in general and the establishment of a predominantly French province in particular marked the first modest political victory of French Canadians (A Canadian Challenge [Lantzville: Oolichan Books, 1990], 66). The modesty of the gains of French Canadians leads Dufour to call for Quebec separation. See also Christian Dufour, La rupture tranquille (Montreal: Boréal, 1992).
65. Stanley Ryerson, Unequal Union: Confederation and the Roots of Conflict in the Canadas, 1815-1873 (Toronto: Progress Books, 1968), 362. For a similar point, see (among others) Samuel LaSelva, The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood (Montreal: McGill-Queen's University Press, 1996), 136. Christian Dufour suggests that the establishment in 1867 of Canada as a federal state in general and the establishment of a predominantly French province in particular marked the first modest political victory of French Canadians (A Canadian Challenge [Lantzville: Oolichan Books, 1990], 66). The modesty of the gains of French Canadians leads Dufour to call for Quebec separation. See also Christian Dufour, La rupture tranquille (Montreal: Boréal, 1992).
66. Stanley Ryerson, Unequal Union: Confederation and the Roots of Conflict in the Canadas, 1815-1873 (Toronto: Progress Books, 1968), 362. For a similar point, see (among others) Samuel LaSelva, The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood (Montreal: McGill-Queen's University Press, 1996), 136. Christian Dufour suggests that the establishment in 1867 of Canada as a federal state in general and the establishment of a predominantly French province in particular marked the first modest political victory of French Canadians (A Canadian Challenge [Lantzville: Oolichan Books, 1990], 66). The modesty of the gains of French Canadians leads Dufour to call for Quebec separation. See also Christian Dufour, La rupture tranquille (Montreal: Boréal, 1992).
67. Tully, Strange Multiplicity, 6.
68. Frances Henry, Carol Tator, Winston Mattis and Tim Rees, The Colour of Democracy: Racism in Canadian Society (2nd ed.; Toronto: Harcourt Brace, 2000), 69-77.
69. For a full discussion, see Irving Abella and Harold Troper, None is Too Many: Canada and the Jews of Europe 1933-1948 (3rd ed.; Toronto: Lester, 1991).
70. Cynthia Williams, "The Changing Nature of Citizen Rights," in Alan Cairns and Cynthia Williams, eds., Constitutionalism, Citizenship and Society in Canada (Toronto: University of Toronto Press, 1985), 105-06.
71. See Canada, Royal Commission on Bilingualism and Biculturalism, Report of the Royal Commission on Bilingualism and Biculturalism, Book IV: The Cultural Contribution of the Other Ethnic Groups (Ottawa: Queen's Printer, 1969); and Michael Hudson, "Multiculturalism, Government Policy and Constitutional Enshrinement - A Comparative Study," in Canadian Human Rights Foundation, ed., Multiculturalism and the Charter: A Legal Perspective (Toronto: Carswell 1987), 63.
72. See Canada, Royal Commission on Bilingualism and Biculturalism, Report of the Royal Commission on Bilingualism and Biculturalism, Book IV: The Cultural Contribution of the Other Ethnic Groups (Ottawa: Queen's Printer, 1969); and Michael Hudson, "Multiculturalism, Government Policy and Constitutional Enshrinement - A Comparative Study," in Canadian Human Rights Foundation, ed., Multiculturalism and the Charter: A Legal Perspective (Toronto: Carswell 1987), 63.
73. Peter Russell, Constitutional Odyssey: Can Canadians Become a Sovereign People? (2nd ed.; Toronto: University of Toronto Press, 1993), 90.
74. Yasmeen Abu-Laban and Daiva Stasiulis, "Ethnic Pluralism Under Siege: Popular and Partisan Opposition to Multiculturalism," Canadian Public Policy 18 (1992), 365-86.
75. In Canada, Constitutional Conference Proceedings, Victoria, British Columbia, June 14, 1971 (Ottawa: Information Canada, 1971), 42.
76. Canada, Parliament, Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada, Final Report of the Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada (Ottawa: Information Canada, 1972).
77. Michael H. Marunchak, The Ukrainian Canadians: A History (2nd ed.; Winnipeg: Ukrainian Academy of Arts and Sciences, 1982), 812.
78. Russell, Constitutional Odyssey, 75.
79. Kobayashi, "Advocacy from the Margins," 231.
80. Canada, Parliament, Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada, Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada (Ottawa: Supply and Services, 1980), 14:54.
81. The CNEOC was founded in 1980 with support from the Secretary of State as an umbrella organization for national ethnocultural organizations. It had originally 30 member-organizations. See Leslie Pal, Interests of State: The Politics of Language, Multiculturalism and Feminism in Canada (Montreal: McGill-Queen's University Press, 1993), 203-09.
82. Canada, Parliament, Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada, Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada (Ottawa: Supply and Services, 1980), 22:76.
83. Ibid., 77.
84. Ibid.
85. Ibid., 89.
86. Ibid., 75.
87. Ibid., 80.
88. Richard Simeon, "Meech Lake and Shifting Conceptions of Canadian Federalism," Canadian Public Policy 14 Supplement (1988), S8-10.
89. Ibid., S9.
90. Abu-Laban and Stasiulis, "Ethnic Pluralism Under Siege," 365-86; Yasmeen Abu-Laban, "The Politics of Race and Ethnicity: Multiculturalism as a Contested Arena," in James P. Bickerton and Alain-G Gagnon, eds., Canadian Politics (2nd ed.; Peterborough: Broadview, 1994), 242-63.
91. Abu-Laban and Stasiulis, "Ethnic Pluralism Under Siege," 365-86; Yasmeen Abu-Laban, "The Politics of Race and Ethnicity: Multiculturalism as a Contested Arena," in James P. Bickerton and Alain-G Gagnon, eds., Canadian Politics (2nd ed.; Peterborough: Broadview, 1994), 242-63.
92. Anthony Parel, "The Meech Lake Accord and Indo-Canadians," Canadian Ethnic Studies 20 (1988), 129.
93. Ibid., 137.
94. Canada, Parliament, Special Joint Committee of the Senate and the House of Commons on the 1987 Constitutional Accord, Minutes of the Proceedings and Evidence of the Special Joint Committee of the Senate and the House of Commons on the 1987 Constitutional Accord, (Thursday, August 13, 1987) 7:90.
95. Audrey Kobayashi, "The Japanese-Canadian Redress Settlement and the Implications for 'Race Relations,'" Canadian Ethnic Studies 24 (1992), 1-6.
96. Canada, Parliament, Special Joint Committee of the Senate and the House of Commons on the 1987 Constitutional Accord, Minutes, 7:96.
97. Ibid., 7:95.
98. Ibid., 7:98.
99. Canada, Parliament, Special Joint Committee of the Senate and the House of Commons on the 1987 Constitutional Accord,Minutes, 7:42-44.
100. Ibid., 7:42.
101. Ibid., 7:42-43.
102. Kallen, "The Meech Lake Accord," S117.
103. Canada, Citizens' Forum on Canada's Future, Report to the People and Government of Canada (Ottawa: Minister of Supply and Services Canada, 1991), 370.
104. Abu-Laban and Stasiulis, "Ethnic Pluralism under Siege," 365-86; Abu-Laban, "The Politics of Race and Ethnicity," 242-63.
105. Abu-Laban and Stasiulis, "Ethnic Pluralism under Siege," 365-86; Abu-Laban, "The Politics of Race and Ethnicity," 242-63.
106. See Canada, Shaping Canada's Future Together: Proposals (Ottawa: Minister of Supply and Services, 1991).
107. Andrew Cardozo, as cited in Canada, Parliament, Special Joint Committee of the Senate and of the House of Commons on a Renewed Canada, Minutes of the Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on a Renewed Canada (October 31, 1991), 14:6.
108. Canadian Ethnocultural Council, Canada for all Canadians: Building a Strong Canada Through Respect for Diversity, Submission to the House of Commons and Senate Special Joint Committee on a Renewed Canada (February 1992), 1; emphasis in original.
109. Ibid., 2.
110. Ibid., 3.
111. Ibid., 2.
112. Ibid., 6.
113. Ibid., 5.
114. Ibid., 9.
115. Ibid., 10.
116. Ibid., 11.
117. Specifically, the CEC (1) called for recognition that Aboriginal Peoples have an "inherent right" to self-government; asked that (2) the issue of self-government be given the highest priority and resolved as soon as possible; and that (3) the national Aboriginal organizations including the Native Women of Canada and hereditary chiefs be included in any future constitutional meetings of first ministers. See Canadian Ethnocultural Council, In Support of the Aspirations of Aboriginal Peoples, Submission to the Royal Commission on Aboriginal Peoples (August 1993), 2.
118. Canada, Parliament, Special Joint Committee on a Renewed Canada, Report of the Special Joint Committee on a Renewed Canada (Ottawa: Queen's Printer, 1992), 24.
119. Canada, First Ministers and Aboriginal and Territorial Leaders, Charlottetown. The Charlottetown Accord - Draft Legal Text (October 9, 1992).
120. Canadian Ethnocultural Council, Ethno Canada 14 (1992), 1.
121. British Columbia, B.C.'s Unity Talks, Appendices: Report on the Calgary Declaration (1998), 17-18.
122. Ibid., 18.
123. Canadian Ethnocultural Council, Canadian Unity and Identify-The Advantages of Diversity (Ottawa: 1997), 5.
124. Ibid., 5, 8.
125. Yasmeen Abu-Laban, "welcome/STAY OUT: The Contradiction of Canadian Integration and Immigration Policies at the Millennium," Canadian Ethnic Studies 30 (1998), 203.
126. Canada, Department of Canadian Heritage, Multiculturalism: Program Guidelines (April 1997), 1.
127. Canadian Ethnocultural Council, Multiculturalism, Citizenship and the Canadian Nation: A Critique of the Proposed Design for Program Renewal, (Ottawa, 1997), 5.
128. Ibid., 7.
129. David Schneiderman, "Introduction," in David Schneiderman, ed., The Quebec Decision (Toronto: James Lorimer, 1999), 13.
130. Philip Abrams, Historical Sociology (Ithaca: Cornell University Press, 1982).
131. For a historical discussion of the development of Canada as a white settler society, and its implications for social power relations, see Daiva Stasiulis and Radha Jhappan, "The Fractious Politics of a Settler Society: Canada," in Daiva Stasiulis and Nira Yuval-Davis, eds., Unsettling Settler Societies: Articulations of Gender, Race, Ethnicity and Class (London: Sage, 1995), 95-131.
132. While the importance of situating the constitution in relation to state and society has been recognized by Alan Cairns in some of his writings, our position differs in that we see the state itself as important in shaping ethnic relations through its policies and nonpolicies. See Alan Cairns, Charter versus Federalism, 99-100.
133. Abu-Laban and Stasiulis, "Ethnic Pluralism Under Siege," 365.
134. For different accounts of the implications of state funding in relation to ethnic minorities, see Daiva K. Stasiulis, "The Political Structuring of Ethnic Community Action: A Reformulation," Canadian Ethnic Studies 21(1980) and Leslie Pal, Interests of State.
135. For different accounts of the implications of state funding in relation to ethnic minorities, see Daiva K. Stasiulis, "The Political Structuring of Ethnic Community Action: A Reformulation," Canadian Ethnic Studies 21(1980) and Leslie Pal, Interests of State.
136. Kobayashi, "Advocacy from the Margins," 229-61.
137. Abu-Laban, "The Politics of Race and Ethnicity," 242-63; and Kobayashi, "Advocacy from the Margins," 229-61.
138. Abu-Laban, "The Politics of Race and Ethnicity," 242-63; and Kobayashi, "Advocacy from the Margins," 229-61.
139. Abu-Laban and Stasiulis, "Ethnic Pluralism Under Siege," 366.
140. For a discussion of how neo-liberalism is challenging the women's movement, see Janine Brodie, Politics at the Margins: Restructuring and the Canadian Women's Movement (Halifax: Fernwood, 1995).
141. See Reginald Bibby, Mosaic Madness: The Poverty and Potential of Life in Canada (Toronto: Stoddart, 1990) for an academic critique based on survey data. See also Neil Bissoondath, Selling Illusions: The Cult of Multiculturalism in Canada (Toronto: Penguin, 1994); and Reform Party of Canada, "Blue Sheet: Principles and Policies of the Reform Party of Canada," (1996-1997).
142. See Reginald Bibby, Mosaic Madness: The Poverty and Potential of Life in Canada (Toronto: Stoddart, 1990) for an academic critique based on survey data. See also Neil Bissoondath, Selling Illusions: The Cult of Multiculturalism in Canada (Toronto: Penguin, 1994); and Reform Party of Canada, "Blue Sheet: Principles and Policies of the Reform Party of Canada," (1996-1997).
143. See Reginald Bibby, Mosaic Madness: The Poverty and Potential of Life in Canada (Toronto: Stoddart, 1990) for an academic critique based on survey data. See also Neil Bissoondath, Selling Illusions: The Cult of Multiculturalism in Canada (Toronto: Penguin, 1994); and Reform Party of Canada, "Blue Sheet: Principles and Policies of the Reform Party of Canada," (1996-1997).
144. Abu-Laban and Stasiulis, "Ethnic Pluralism Under Siege," 372-76.
145. Kobayashi, "Advocacy from the Margins," 252.
146. For a discussion on culture and state neutrality, see Tim Nieguth, "Privilege or Recognition: The Myth of State Neutrality," Critical Review of International Social and Political Philosophy 2 (1999), 112-31.
147. See, for example, Kenneth McRoberts, Misconceiving Canada: The Struggle for National Unity (Toronto: Oxford University Press, 1997), 135; and David Bell, The Roots of Disunity: A Study of Canadian Political Culture (rev. ed., Toronto: Oxford University Press, 1992), 74.
148. See, for example, Kenneth McRoberts, Misconceiving Canada: The Struggle for National Unity (Toronto: Oxford University Press, 1997), 135; and David Bell, The Roots of Disunity: A Study of Canadian Political Culture (rev. ed., Toronto: Oxford University Press, 1992), 74.
149. Tully, Strange Multiplicity, 4-5.