UNI320Y: Canadian Questions: Issues and Debates

1. UNI320Y: Canadian Questions: Issues and Debates Week 11: Differentiated Citizenship? Professor Emily Gilbert http://individual.utoronto.ca/emilygilbert/

2. Differentiated Citizenship? • The Citizenship Regime • Differentiated Citizenship • Transnational Action

3. I: Citizenship Regime • “the institutional arrangements, rules, and understandings that guide and shape concurrent policy decisions and expenditures of states, problem definitions by states and citizens, and claims making by citizens” (Jenson and Papillon: 246)

4. Citizenship regime • Boundaries of inclusion and exclusion: formal recognition of rights and ability to exercise those rights • Democratic rules of the game: institutional rules, modes of participation, and claims making • Definition of the nation: nationality and national identity • Sets the geographical borders of the political community

5. New citizenship regime after 1945 • Economy • Politics • Culture • Social policy • National identity • Equity and distribution

6. II: Differentiated Citizenship Will Kymlicka, CRC in Political Philosophy, Queen’s U • Multicultural Odysseys: Navigating the New International Politics of Diversity (2007; Oxford) • Politics in the Vernacular: Nationalism, Multiculturalism, Citizenship (2001; Oxford) • Finding Our Way: Rethinking Ethnocultural Relations in Canada (1998; Oxford) • Multicultural Citizenship: A Liberal Theory of Minority Rights (1995; Oxford) • Liberalism, Community, and Culture (1989; Oxford)

7. The “accommodation of difference is the essence of true equality” – Supreme Court of Canada Canada • A multination state • English, French, Aboriginal poeoples • A polyethnic state

8. Three forms of group-differentiated citizenship • Self-government rights • Neogitated through federalism and reserves • Polyethnic rights • Protection of cultural particularity and pride • Special representation rights • Marginalized groups and regions

9. Individual vs. group rights • Right of a group against larger society • External protections • Right of a group against its own members • Internal restrictions • Provisions for external protections do not lead to domination, but equal footing • Do not restrict individual rights • Internal restrictions are to be avoided

10. Social unity • Demand for representation and polyethnic rights as a demand for inclusion • But which groups are represented, and by whom? • Self-government as weakening the bonds with larger community • Intergovernmental bodies, but not federal bodies • Potential for dual citizenship • But denial of self-government can lead to increased sense of alienation, desire for secession

11. III: James Bay Cree (Eeyouch) • 1970s: action against hydroelectric development and 1975 James Bay and Northern Quebec Agreement • 1988: opposition to James Bay II • 1990s: mobilization in national unity debate

12. 1970s: Proposed James Bay development • No political consultation with Aboriginal people: 5,000 Cree and 3,500 Inuit • 1971: chiefs of 8 bands come together • Mounted judicial challenge and court injunction; asserts legal obligation to negotiate treaty • 1974: Grand Council of the Crees created • 1975: James Bay and Northern Quebec Agreement • Land settlement: 170,000 km² • 250 million dollars compensation • 1986: contruction of first stage completed

13. 1980s: James Bay II • 1986: proposal to dam and reroute Grande-Baleine River: 3 power plants, and flooding 1,700 km2 • 1987: Matthew Coon Come elected as grand chief and Chair of Grand Council of Crees • Attempts to stop project for environmental reasons • Aim is to advance Cree right for self-governance (and not just Aboriginal title) • Used courts to force Hydro-Quebec to undertake environmental evaluation • Mobilization of public in northeastern US • Identity claims as Eeyouch, and Eeyou Astchee

14. 1990s: Constitutional Politics • 14 Nov 1994: Parizeau’s government announces Great Whale project on hold • Cree concerns about Quebec sovereignty • Fiduciary responsibility of federal government • Anglophone population • Claims to Quebec as ancestral lands • Cree consultative referendum

15. 21st Century: • 2002: Agreement Concerning a New Relationship (Paix des Braves) signed • 70% of Cree supported agreement in a referendum • Nation-to-nation agreement: recognized in Preamble • More revenue-sharing and joint management of mining, forestry and hydroelectric resources – and employment • Paves way for final James Bay project: Eastmain-1 power station • 2004: agreement signed for joint environmental assessment of the Rupert River Diversion • 2007: construction begins on Rupert River Diversion

16. Transnational action: weak because still oriented through nation-state • Importance of naming • Generates strategic resources • Sets discursive boundaries • Locates communities in relationship to one another • Consequences for routing of claims through state institutions

17. Cree activism leads to • Claims for recognition of collective rights and participation in public debate (eg Charter recognition) • National identity claims and idea of multicultural nation • Questions regarding national borders and a divisible Canada • Legitimacy of democratic rules as only provincial-federal dynamic