| Canadian Multiculturalism Act Loi sur le multiculturalisme canadien | |
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| Parliament of Canada | |
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| Citation | Canadian Multiculturalism Act [1] |
| Enacted by | Parliament of Canada |
| Assented to | July 21, 1988 |
The Canadian Multiculturalism Act (French : Loi sur le multiculturalisme canadien) is a law of Canada, passed in 1988, that aims to preserve and enhance cultural diversity, i.e. multiculturalism, in Canada.
On 8 October 1971, Prime Minister Pierre Elliott Trudeau declared in the House of Commons of Canada that, after much deliberation, the policies of bilingualism and multiculturalism would be implemented in Canada. [2] In other words, the Government of Canada would recognize and respect its society including its diversity in languages, customs, religions, and so on. [3] According to Immigration, Refugees and Citizenship Canada (IRCC): "In 1971, Canada was the first country in the world to adopt multiculturalism as an official policy." [4] One result of this policy statement was the Canadian Multiculturalism Act of 1985.
In 1982, multiculturalism was recognized by section 27 of the Canadian Charter of Rights and Freedoms, [5] and the Canadian Multiculturalism Act was subsequently enacted by Prime Minister Brian Mulroney. [6]
The preamble of the act declares that,
WHEREAS the Constitution of Canada provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination and that everyone has the freedom of conscience, religion, thought, belief, opinion, expression, peaceful assembly and association and guarantees those rights and freedoms equally to male and female persons ...
The multiculturalism policy allows citizens to practice their religions and keep their identities without the fear of official persecution. It is believed by some that without this fear, Canadians are more willing to accept different cultures. The policy, therefore, emphasizes a mutual respect between ethnicities and also acceptance of one's personal beliefs. [4]
This policy guarantees equality before the law and for pursuing opportunities whether personal, career, or in any other field. [4] This means anyone of any race or ethnic origin is capable of pursuing his or her interests without persecution. Canadian law, as a result, reflects many of these rights and belief as they guaranteed to all men and women. [4] All of these rights are guaranteed in the Canadian Charter of Rights and Freedoms which is part of the Canadian Constitution. [4]
The Parole Board of Canada writes that the act has two fundamental principles: [7]
The act binds the federal government and its institutions to encourage, facilitate, assist and undertake several high-minded goals. The Minister may also enter into agreements with provincial and foreign governments to promote these goals. Other ministers may enter into agreements with the provinces. The "Canadian multiculturalism advisory committee" is established in Section 7, and the Minister is charged with the annual composition of a report on the operation of the act.
The Canadian Multiculturalism Act affirms the policy of the Government of Canada to ensure that every Canadian receives equal treatment by the government which respects and celebrates diversity. The act also: [8]
Section 3 (1) of the act states: [9]
It is hereby declared to be the policy of the Government of Canada to
(a) recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage
(b) recognize and promote the understanding that multiculturalism is a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada’s future
(c) promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to that participation
(d) recognize the existence of communities whose members share a common origin and their historic contribution to Canadian society, and enhance their development
(e) ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity
(f) encourage and assist the social, cultural, economic and political institutions of Canada to be both respectful and inclusive of Canada’s multicultural character
(g) promote the understanding and creativity that arise from the interaction between individuals and communities of different origins
(h) foster the recognition and appreciation of the diverse cultures of Canadian society and promote the reflection and the evolving expressions of those cultures
(i) preserve and enhance the use of languages other than English and French, while strengthening the status and use of the official languages of Canada; and
(j) advance multiculturalism throughout Canada in harmony with the national commitment to the official languages of Canada.
Multiculturalism is the coexistence of multiple cultures. The word is used in sociology, in political philosophy, and colloquially. In sociology and everyday usage, it is usually a synonym for ethnic or cultural pluralism in which various ethnic and cultural groups exist in a single society. It can describe a mixed ethnic community area where multiple cultural traditions exist or a single country. Groups associated with an indigenous, aboriginal or autochthonous ethnic group and settler-descended ethnic groups are often the focus.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture. It has a variety of meanings in different contexts, sometimes applying to cultural products like art works in museums or entertainment available online, and sometimes applying to the variety of human cultures or traditions in a specific region, or in the world as a whole. It can also refer to the inclusion of different cultural perspectives in an organization or society.
The minister of Canadian heritage is the minister of the Crown who heads Canadian Heritage, the department of the Government of Canada responsible for culture, media, sports, and the arts.
The term "minority group" has different usages, depending on the context. According to its common usage, the term minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number of individuals, or less than half, is a "minority". Usually a minority group is disempowered relative to the majority, and that characteristic lends itself to different applications of the term minority.
The Constitutional debate of Canada is an ongoing debate covering various political issues regarding the fundamental law of the country. The debate can be traced back to the Royal Proclamation, issued on October 7, 1763, following the signing of the Treaty of Paris (1763) wherein France ceded most of New France to Great Britain in favour of keeping Guadeloupe.
Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life—and thus [represents] one of the key issues for democracy." The extent of freedom indispensable to create art freely differs regarding the existence or nonexistence of national instruments established to protect, to promote, to control or to censor artists and their creative expressions. This is why universal, regional and national legal provisions have been installed to guarantee the right to freedom of expression in general and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations special rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor Freemuse on an annual basis.
Cultural conservatism is described as the protection of the cultural heritage of a nation state, or of a culture not defined by state boundaries. It is sometimes associated with criticism of multiculturalism, anti-immigration sentiment, and opposition to illegal immigration. Because their cultural preservationist objectives are in conflict with those of anti-racists, cultural conservatives are often accused of racism. Despite this, however, cultural conservatism can be more nuanced in its approach to minority languages and cultures; it is sometimes focused upon heritage language learning or threatened language revitalization, such as of the distinctive local dialect of French in Quebec, Acadian French, Canadian Gaelic, and the Mi'kmaq language in Nova Scotia and New Brunswick, or the Irish language in Newfoundland. Other times cultural conservatism is more focused upon the preservation of an ethnic minority's endangered ancestral culture, such as those of Native Americans.
The Department of Canadian Heritage, or simply Canadian Heritage, is the department of the Government of Canada that has roles and responsibilities related to initiatives that promote and support "Canadian identity and values, cultural development, and heritage."
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Section 27 of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts. Section 27 officially recognized multiculturalism as a Canadian value.
The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence to the Constitution of Canada's Charter of Rights and Constitution Act, 1982. In full, it reads, "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law".
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
Canadians are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many of these connections exist and are collectively the source of their being Canadian.
Criticism of multiculturalism questions the ideal of the maintenance of distinct ethnic cultures within a country. Multiculturalism is a particular subject of debate in certain European nations that are associated with the idea of a nation state. Critics of multiculturalism may argue against cultural integration of different ethnic and cultural groups to the existing laws and values of the country. Alternatively critics may argue for assimilation of different ethnic and cultural groups to a single national identity.
Multiculturalism in Canada was officially adopted by the government during the 1970s and 1980s. The Canadian federal government has been described as the instigator of multiculturalism as an ideology because of its public emphasis on the social importance of immigration. The 1960s Royal Commission on Bilingualism and Biculturalism is often referred to as the origin of modern political awareness of multiculturalism, resulting in Canada being one of the most multicultural nations in the world. The official state policy of multiculturalism is often cited as one of Canada's significant accomplishments, and a key distinguishing element of Canadian identity and Canadian values.
Multiculturalism in Australia is today reflected by the multicultural composition of its people, its immigration policies, its prohibition on discrimination, equality before the law of all persons, as well as various cultural policies which promote diversity, such as the formation of the Special Broadcasting Service.
Iain Tyrrell Benson is a legal philosopher and practising legal consultant. The main focus of his work in relation to law and society has been to examine some of the various meanings that underlie terms of common but confused usage. His work towards an understanding of secular and secularism has been cited by the Supreme Court of Canada and the Constitutional Court of South Africa. He has also given critical study to the terms pluralism, faith, believer, unbeliever, liberalism and accommodation and examined the implications for various legal and non-legal usages.
Canadian values are the commonly shared ethical and human values of Canadians. The major political parties generally claim explicitly that they uphold these values, but there are no consensus among them about what they are and follow a value pluralism approach.