Constitutional Recognition of Diversity in Canada
25 Pages Posted: 10 Jul 2013
Date Written: 2006
Abstract
Constitutionalism is deeply relational. It mediates relations between individuals and the state, between governments, between government actors, between economic and social institutions and the state, and between diverse communities. One of the enduring challenges of Canadian constitutional law has been how to forge a sense of national unity and a Canadian identity in the face of strongly diverse communities. Although debates about accommodating diversity in pluralistic democracies have become more prevalent over the past thirty years, the debate in Canada goes back to the early era of nation building. At that time, however, the constitutional accommodation of diversity only reached the two dominant communities – English-speaking Protestants and French Catholics. Other significant sources of diversity in Canada were not recognized. Most strikingly, aboriginal peoples did not participate in the constitutional dialogues about the Canadian constitution. Constitutional law, through its omissions, also allowed for other discriminatory exclusions based on race, national or ethnic origin, sex, civil status, and disability. [...]
Keywords: constitutional law, diversity, conception of citizenship, human rights
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