Broader Conception of Citizenship

• Citizenship involves understanding who is considered a valued member of society.
• T. H. Marshall emphasizes that citizenship is about recognizing individuals' value and rights.

T. H. Marshall's Concept of Citizenship Rights

• Marshall identified that two types of rights (civil and political) are not sufficient for full citizenship.
• Social Rights: This is the key third layer that Marshall advocates for, referring to the rights that provide access to essential services necessary for participation in society.
• Example: Access to healthcare is essential for someone to fully engage in society; lacking basic health services undermines their capacity for citizenship.

Debate on Constitutional Protection of Rights

• Current Status: In Canada, rights such as education (up to grade 12), universal healthcare, and income support exist through legislation but are not constitutionally guaranteed.
• This raises concerns about the ability of the legislature to remove or alter these rights.
• Example: Some provinces may cut back on welfare benefits, highlighting the lack of constitutional protection for social rights.
• Marshall argues that to have meaningful citizenship, these rights must be constitutionally protected.

Critiques of Marshall's Conception

• According to Revy's article, Marshall's view has faced criticism from both the left and right:
• From the Right: Critics argue that protecting social and economic rights infringes on market freedoms, stating these rights are unnecessary and dangerous.
• From the Left: The focus is on whom to protect—should the emphasis be on individuals or groups?

Protecting Individuals vs. Groups

• Individual Rights: The traditional liberal perspective that focuses solely on individual rights (atomistic view), which risks neglecting group representation.
• Group Rights: The need for protections for underrepresented groups (e.g., women, religious minorities) to promote inclusivity within citizenship.
• Example: The Canadian Prime Minister's commitment to ensuring gender representation in his cabinet is an illustration of proactive measures towards representation.

Special Representation and Self-governance Rights

• Some groups may require specific rights to ensure they can self-govern or exercise their cultural rights within society, which may include religious practices.
• This raises the question of how the constitution balances individual rights with group rights.

Discrimination and Group Protection in the Canadian Charter

• Section 15 of the Canadian Charter of Rights and Freedoms prohibits discrimination on various grounds (e.g., race, gender, disability), indicating an acknowledgment of group rights.

Types of Rights: Socioeconomic vs. Civil and Political Rights

• Current discourse includes debates on the necessity of protecting socioeconomic rights versus civil and political rights.
• Generally, socioeconomic rights are not covered under the Canadian Charter, although some court interpretations have begun to expand the understanding.

Rights Protection: Positive vs. Negative Rights

• Negative Rights: Require the government to refrain from interfering in citizens' lives.
• Positive Rights: Obligate the government to act to ensure an individual's access to certain services or conditions.

Equality: Formal vs. Substantive

• Formal Equality: Treats everyone the same without regard to circumstances, which may not achieve true equality.
• Substantive Equality: Acknowledges different needs and provides accommodations (e.g., ramps for wheelchair access) to achieve real equal access.

Protective Measures Under Law

• The common law system existed before the Charter of Rights as a means of protecting rights, illustrated by the historical Somerset case that highlights rights' development in relation to legal protections in Canada.