Canadian Politics and the Rule of Law

  • Canadian Politics: Key Themes- Course focuses on five core areas of Canadian politics and governance.- Canada's inherent complexity arises from:a) A fusion of distinct political traditions (British, American).b) The presence of three founding peoples (English, French, Indigenous).c) Its vast geographical size, making governance challenging.- A central theme is managing the country's diverse elements (geographical, linguistic, religious, ethnic).- The Rule of Law: Core Principles- Crucial for the protection of political minorities (numerical or politically vulnerable groups).- John Locke's definition:- Power must not be arbitrary; it must be exercised through established and promulgated laws.- Laws enable citizens to understand their duties and ensure rulers act within their defined limits.- Laws apply equally to all, including government officials (equality before the law), deterring oppressive legislation.- The true strength and durability of rights and the rule of law rely significantly more on a society's customs, habits, and political culture than on a written constitution alone (a "parchment barrier").- Case Study: Roncarelli v. Duplessis- Context: Roncarelli, a Jehovah's Witness in Catholic-majority Quebec, routinely bailed out co-religionists who distributed pamphlets critical of Catholicism.- Duplessis's Action: Premier Duplessis, also Attorney General, arbitrarily and permanently revoked Roncarelli's liquor license to financially suppress his ability to bail out others.- Supreme Court's Decision: Justice Rand's majority opinion found Duplessis acted beyond his conferred powers and the Liquor Act's scope, demonstrating arbitrary use of authority inconsistent with established law.- Quebec and Minority Rights- Quebec's political history often involves tensions regarding the treatment of minorities.- Bill 21: A contemporary example (drawing parallels to the Roncarelli case) where Quebec law restricts religious minorities from wearing certain attire when employed by the provincial government, highlighting ongoing debates about minority rights.