UNI320Y: Canadian Questions: Issues and Debates

Week 1: Citizenship, Nationalism, Liberalism

Professor Emily Gilberthttp://individual.utoronto.ca/emilygilbert/

Citizenship, Nationalism, Liberalism

I. What is Citizenship?

II. Canadian Citizenship

I. What is Citizenship?

1. Denotes membership in a political community: inclusions and exclusions

2. Participation in deliberative decision-making

3. Rights and responsibilities

Gabriel: How we define citizenship has implications for the kind of society and political community that we live in

Origins in ancient Greece and Rome

Ancient Greece:• Citizens are native-born, male heads of

household; property- and slave-owners; warriors

• Citizens participate in political decision-making in the polis (city-state)

• Citizenship a public responsibility and honour

Athens: Agora, “a place of gathering”

Pnyx

Raphael (1509-10) The School of Athens

Ancient Rome:• More flexible notion of citizenship,

extended across Roman empire• Emphasis on duties and rights• Being a citizen entails being free under

the law, and receiving the law’s protection • Distinction between civil and political

rights

Liberalism,nationalism and citizenship

Liberalism• European Enlightenment (18th century)

and rejection of divine rule • Rise of individual rights and freedoms,

limits to government, the rule of law, the freedom of the market

• Emergence of idea of human equality• Idea of contractual relationship with

government (Hobbes; Locke; Rousseau)

Nationalism• Treaty of Westphalia (1648) and state

autonomy, sovereignty and self-rule• Rise of nationalism in 18th century—idea

that nation (people) have political claim to a state

American War of Independence (1775-83)

• “No taxation without representation”• Rule by the people, for the people• Republicanism

John Trumbull (c.1817) The Declaration of Independence

Declaration of Independence (1776)“…in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.”

“We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

French Revolution (1789-1799)

• Replacing the monarchy with self-rule • Equality and emancipation are key

principles• Liberté, égalité, fraternité, ou la mort!

("Liberty, equality, fraternity, or death!")

Eugene Delacroix (1830) Liberty Guiding the People

1789: The Declaration of the Rights of Man and of the Citizen

• From Article III – “The principle of any sovereignty resides essentially in the Nation. No body, no individual can exert authority which does not emanate expressly from it."

• From Article VI – "All the citizens, being equal in [the eyes of the law], are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents."

British North America Act, 1867• An Act for the Union of Canada, Nova Scotia, and New Brunswick…• WHEREAS [they] have expressed their Desire to be federally united into One

Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:

• And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:

• And whereas on the Establishment of the Union by the Authority of Parliament it is expedient, not only that the Constitution of the Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:

• And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America

• 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces

Robert Harris (c. 1883) Fathers of Confederation

Social Citizenship

TH Marshall (1950) Citizenship and Social Class• Argued that modern citizenship is a progression of:

• Civil rights – 18th century• Political rights – 19th century• Social rights – 20th century

Social citizenship:• “the right to a modicum of economic welfare and

security, the right to share in the social heritage and to live the life of a civilized being according to the standards prevailing in society” (Marshall 1950: 10)

• Role of the welfare state: security and community• Alleviation of capitalist inequalities that undermine

equal citizenship

So to recap, citizenshp: 1. Denotes membership in a political community:

inclusions and exclusions2. Participation in deliberative decision-making3. Rights and responsibilities

Gabriel: How we define citizenship has implications for the kind of society and political community that we live in

II: Canadian Citizenship

• 1945: Citizenship Bill introduced by Paul Martin Sr.• Our "new Canadians" bring to this country much that is rich and

good, and in Canada they find a new way of life and new hope for the future. They should all be made to feel that they, like the rest of us, are Canadians, citizens of a great country, guardians of proud traditions and trustees of all that is best in life for generations of Canadians yet to be. For the national unity of Canada and for the future and greatness of this country it is felt to be of utmost importance that all of us, new Canadians or old, have a consciousness of a common purpose and common interests as Canadians; that all of us are able to say with pride and say with meaning: "I am a Canadian citizen."

• 1947: Citizenship Act passes: Canadians no longer British subjects under law

• 1947: Citizenship Act passes: Canadians no longer British subjects under law

First citizenship ceremony 3 January, 1947

Citizenship Bill C-18 proposed in 2002: • a greater emphasis be placed on existing Canadian values by changing the

oath of citizenship to include a direct expression of loyalty to Canada; • a permanent resident be physically present in Canada for a total of three years

out of the six years immediately prior to applying for Canadian citizenship; • a fully judicial process be instituted under which a judge would decide if an

individual's citizenship should be revoked; • new powers be granted to the minister to annul citizenship obtained through

the use of a false identity; • the Governor-in-Council be able to refuse citizenship in those rare cases where

a person demonstrates a flagrant disregard for Canadian values; • children adopted abroad by Canadians become citizens without having to enter

Canada as permanent residents and apply for citizenship; and • citizenship commissioners, currently designated as citizenship judges, play a

more active role in promoting Canadian citizenship.

• Current oath

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen.

• New oath

From this day forward, I pledge my loyalty and allegiance to Canada and Her Majesty Elizabeth the Second, Queen of Canada. I promise to respect our country's rights and freedoms, to uphold our democratic values, to faithfully observe our laws and fulfill my duties and obligations as a Canadian citizen..

CIVIL RIGHTS• 1960: Canadian Bill of Rights: right of individuals to life,

liberty, personal security and enjoyment; right to equality before the law; freedoms of religion, speech, assembly and association, and the press; and legal rights such as the rights to counsel and “fair hearing.”

• 1977: Citizenship Act and equal treatment for all applicants• 1982: Canadian Charter of Rights and Freedoms sets out

Fundamental freedoms; Democratic, Legal, Mobility and Equality Rights; Official Language and Minority Language Education; Affirms Aboriginal Rights; Regional Equalization

• Bill C-16: revised Citizenship Act introduced but not passed

POLITICAL RIGHTS (some highlights)• 18th century: income and property requirements• 1917-1920: Wartime Elections Act: enfranchisement/disenfranchisement• 1919: women win federal suffrage—in provinces 1916–1917 (Man, Sask,

BC, Ont); but NB in 1934, Que in 1940• 1948: voting extended to those of Chinese, East Indian and Japanese

origin• 1949: non-status Aboriginals given right to vote in BC (Que in 1969)• 1950: full federal franchise extended to Inuit• 1960: status Indians enfranchised• 1982: Canadian Charter of Rights and Freedoms s.3 states that “every

citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”

• 2000: homeless allowed to vote• 2002: prisoners can vote in federal elections and referendums

SOCIAL RIGHTS• 1946: Paul Martin Sr. “citizenship is the right to full

partnership in the fortunes and future of the nation” 1940: UI (greatly expanded 1971, eg maternity)

1949: Family Allowance1966: The Canada Pension Plan and Quebec Pension Plan1966: Canada Assistance Plan

1966: Medical Care Act

Citizenship Debates

Gabriel:• Rights vs. responsibilities; active vs. passive

citizenship• Universality vs. difference; public vs. private• The national vs. the global

Trimble• Barriers to full citizenship; second-class citizens

• Rights vs. Responsibilities; active vs. passiveRights and FreedomsSome rights and freedoms are:legal rights; equality rights; mobility rights; Aboriginal peoples' rights; freedom of thought; freedom of speech; freedom of religion; and the right to peaceful assembly

ResponsibilitiesSome responsibilities are:obey Canada's laws; express opinions freely while respecting the rights and freedoms of others; and help others in the community; care for and protect our heritage and environment; eliminate discrimination and injustice.

• Universality vs. difference; public vs. private

Concerns:• Social rights organized through participation in

workforce• Identities associated with the private realm are

ignored: cultural and group affiliations are superseded by individual rights, rooted in notions of impartiality and rationality

• Full participation not guaranteed by legal citizenship status

• National vs. the global

Critiques• Globalization has eroded state power through

which citizenship has traditionally been organized• Increasing transnational affiliations: migration and

diaspora• Sense of responsibility (and rights?) to trans-

national issues: eg environment

Women and second-class citizenship:• public-private divide • rational, universal (male) citizen vs. emotional,

illogical (women) caregivers • Women need to perform “men’s work” to be

citizens

• Welfare state: premised on nuclear family model• Neoliberalism: economic freedom over equality

and solidarity• Neoconservatism: order, stability and continuity

and traditional family relations

Conclusions

• Citizenship status entails rights, responsibilities and belonging in a political community

• Traditionally citizenship has entailed civil, political and social rights

• But citizenship is being challenged on a number of fronts

• Who can be a citizen and how full citizenship is or can be realized are crucial social and political questions in contemporary Canada