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Study Of The Canadian Multiculturalism Act

Posted on:2012-03-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:M CaoFull Text:PDF
GTID:1116330335979910Subject:National Law
Abstract/Summary:PDF Full Text Request
This dissertation starts on the social reality of Canadian Multiculturalism law,which is illustrated by the analysis of ethnic composition and ethnic relations in Canada. Multiculturalism as a political theory and thought of ethnic rights has a significant role in guiding the national and social policies of Canada.These social and policy factors will inevitably lead to legal concerns, especially after the implementation of 1982 Constitution and the 1988 Multiculturalism Act, the institutional guarantee of multiculturalism was established.With the increasingly federal and local legislation and the practice of the courts on this subject, a kind of multicultural law system is gradually formed, which is the key argument of this dissertation to explore.Multiculturalism law has constructed a framework for rights-claim system of various ethnic minority groups, different kinds of claims are responded and regulated in this framework.The process of legalization of multiculturalism is an interaction between law and the social reality, in which the rights-claim mechanism for ethnic minorities is formed.The argument of this dissertation is that multiculturalism as a political theory and thought of ethnic rights whose purpose is to solve the problem of multi-ethnic coexistence and national unity. In Canada, the legalization of multiculturalism has developed a concept of multicultural rights and in the society and made it a legal term, which formed a mechanism for minority rights.This dissertation argues that the complexity of the ethnic composition ofCanada is the fundamental social basis of multiculturalism. British-Canadian and French-Canadian as the two founding peoples, indigenous people and immigrant groups are the three major ethnic groups and the conflict and coexistence between them are the main theme of political and social life in Canada.The ethnic and cultural diversity are the objective conditions and background of multiculturalism in Canada.Multiculturalism as a experimental ideas of western liberal theory is a system based on national culture and the relationship between ethnic groups, which includes two core issues-the interaction between culture and rights and the group rights and individual freedom. Different theoretical schools about multiculturalism have developed through different interpretation which includes social and cultural phenomena, political ideology and minority rights. The argument is concerned with the version of minority right in this dissertation.Multiculturalism as official policy in Canada is about "the elimination of discrimination and group survival ", which is two principles of Canada's current constitution on multiculturalism. It is a preventive and protective but also a positive and experimental measure to eliminate discrimination and actively ensure the maintaining of culture.These two methods offer the double "accommodation demands "-the equal rights of individuals and group autonomy runs throughout the process of the legalization of multiculturalism in Canada.This dissertation argues that it is these multi-cultural social and policy factors project on Canada's constitutional system that led to the legalization of multiculturalism.Canadian multiculturalism law is a framework based on the constitution and with the guidance of Multiculturalism Act, including federal and local statutes related to cultural diversity and the court decisions,the multi-cultural factors deeply penetrated in the evolution of the Constitution and continuously projected onto the other law, which had a profound impact on the entire legal system. The rights-claim of ethnic minorities have been met and regulated in a rational and reasonable way in the institutional framework. By the interpretation of the provisions of Constitution and the Multiculturalism Act and the legislation of indigenous peoples and Quebec,a framework of minority rights claim mechanism is established.The court decisions on cultural rights of minority ethnic groups and individuals as a part of common law constitutes an important part of Canadian multiculturalism law. The major concern of Multiculturalism is the difference and unity.Facing of social reality of ethnic and cultural diversity,how to use legal tools to balance the problems difference and unity has posed significant challenges on Canada's judicial practice. By selecting some typical cases which includes the land rights cultural rights of indigenous peoples,the educational and cultural rights of French Canadians as well as the religious rights of immigrant groups, we can understand that multiculturalism law as a mechanism of minority rights,how does it works, what problems and challenges it faces as well as the need for its own improvement.In conclusion,multiculturalism as a mechanism for minority rights is safeguarded and strengthened in the framework constructed by multicultural law in Canada.
Keywords/Search Tags:multiculturalism, ethnic rights, multicultural law, claim mechanism, institutional framework
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