Is There a Canadian Philosophy?: Reflections on the Canadian Identity

Notes

IS THERE A CANADIAN PHILOSOPHY? contradiction cannot be maintained. It is thus fair to suppose that the fate of the Canadian nation and of Canadian philoso­ phy are intimately related; it is perhaps even fair to suppose that the fate ofthe former is contingent on the fate ofthe latter. 1. Some of the notable discussions of collective rights may be found in Baker 1994, Gutmann 1994, Kymlicka 1989 and Kymlicka 1995. 2. The full text of these sections reads as follows: 25. The guarantee in this Charter of certain rights and freedoms shall not be con­ strued so as to abrogate or derogate from any aboriginal treaty or other rights or free­ doms that pertain to the aboriginal peoples of Canada including: (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Metis peoples of Canada. (3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision in this Act,the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. 35.1. The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the "Constitution Act, 1867," to section 25 of this Act or to this Part, (a) a constitutional conference that includes in its agenda an item relating to the pro­ posed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and (b) the Prime Ministerof Canada will invite representatives of the aboriginal peoples of Canada to participate in the discussions on that item. 3. More accurately, they are to be provided in both languages "where numbers warrant," or in all regions in which an official language minority con­ stitutes a minimum of 10% of the local population. 4. Such languages also receive the benefit of a nonderogation clause in the constitution (section 22) preventing the abrogation of their rights and privileges by the rights enjoyed by the nation's official languages. 5. The full text reads: "Nothing in this Charter limits the authority of Parlia­ ment or alegislature to advance the equalityofstatus or use ofEnglish and French." 6. Language legislators in Canada come in two types: proponents of bilin­ gualism and of unilingualism. The express aims of the latter are linguistic assim­ ilation and arguably cultural homogeneity, and their adherents are by no means confined to the province of Quebec. Such legislators also enjoy broad support in Canada's western provinces and in other regions across the country. In fairness to advocates of official bilingualism, most of whom have held power at the fed­ eral level of government, it is plurality—albeit of a limited kind—rather than homogeneity that is their chief aim. While not all language planners have sought 132 ...