FACING OUR DESTINY: RIGHTS AND CANADIAN DISTINCTIVENESS
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 22, Heft 4, S. 699-716
ISSN: 0008-4239
THIS ARTICLE ADDRESSES THE SUBJECT OF CANADIAN POLITICAL CULTURE AND TRADITIONS, AND IN PARTICULAR EMPHASIZED THAT SOME DISTINCTIVE FEATURES OF CANADIANNESS ARE REVEALED IN THE CONCEPTION OF RIGHTS WHICH IS ENTRENCHED IN THE CHARTER OF FREEDOM AND RIGHTS. THE CANADIAN CONSTITUTION CONTAINS SEVERAL DISTINCTIVE RIGHTS NOT FOUND IN THE UNITED STATES CONSTITUTION. INDEED, THE COLLECTIVE AND COMMUNITY-BASED RIGHTS CANADIANS TAKE FOR GRANTED ARE INIMICAL TO AMERICAN LIBERAL TRADITIONS. NEGATIVE RIGHTS OR INTERPRETIVE PROVISIONS, SUCH AS THE NON OBSTANTE CLAUSE, ARE UNIQUE TO CANADA AMONG WESTERN DEMOCRACIES. THE AUTHOR ARGUES THAT THESE RIGHTS DERIVE FROM THE COUNTRY'S HISTORICAL CONCERNS WITH RELIGIOUS AND LINGUISTIC COMMUNITIES--ESPECIALLY IN QUEBEC--AND THAT THEY IN TURN CONDITION HOW POLITICS MUST BE CONDUCTED IN CANADA.