UNI320Y: Canadian Questions: Issues and Debates

1. UNI320Y: Canadian Questions: Issues and Debates Week 1: Citizenship, Nationalism, Liberalism Professor Emily Gilbert http://individual.utoronto.ca/emilygilbert/

2. Citizenship, Nationalism, Liberalism • What is Citizenship? • Canadian Citizenship

3. I. What is Citizenship? • Denotes membership in a political community: inclusions and exclusions • Participation in deliberative decision-making • Rights and responsibilities Gabriel: How we define citizenship has implications for the kind of society and political community that we live in

4. 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

5. Athens: Agora, “a place of gathering” Pnyx

6. Raphael (1509-10) The School of Athens

7. 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

8. 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)

9. 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

10. American War of Independence (1775-83) • “No taxation without representation” • Rule by the people, for the people • Republicanism

11. John Trumbull (c.1817) The Declaration of Independence

12. 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.”

13. 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!")

14. Eugene Delacroix (1830) Liberty Guiding the People

15. 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."

16. 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

17. Robert Harris (c. 1883) Fathers of Confederation

18. 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

19. 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

20. So to recap, citizenshp: • Denotes membership in a political community: inclusions and exclusions • Participation in deliberative decision-making • Rights and responsibilities Gabriel: How we define citizenship has implications for the kind of society and political community that we live in

21. 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

22. 1947: Citizenship Act passes: Canadians no longer British subjects under law First citizenship ceremony 3 January, 1947

23. 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.

24. Current oathI 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 oathFrom 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..

25. 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

26. 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

27. 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 Allowance 1966: The Canada Pension Plan and Quebec Pension Plan 1966: Canada Assistance Plan 1966: Medical Care Act

28. 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

29. Rights vs. Responsibilities; active vs. passive

30. 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

31. 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

32. 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

33. 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