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MINISTER DION DEMONSTRATES THAT THE PRIMACY OF
FUNDAMENTAL RIGHTS AND THE RESPECT FOR DIVERSITY ARE COMPATIBLE
ST. PETERSBURG, RUSSIAN FEDERATION, June 29, 2001 –
Speaking at a conference of the Russian Association for Canadian Studies in St.
Petersburg, the Honourable Stéphane Dion, President of the Privy Council
and Minister of Intergovernmental Affairs, expressed his conviction that the reconciliation
of fundamental rights with diversity "is not only possible, but also
desirable," adding that it is a challenge from which Canada draws a
great part of its vitality.
After noting that over and above their differences, Canada and the Russian
Federation face the same challenge of establishing "national cohesion
on a foundation of justice for all and of respect for differences,"
the Minister acknowledged that if unity in diversity presents a challenge, it is
because the opposite situation, unity in uniformity, may seem at first glance to
be more desirable. But he asserted that "unity in diversity is a higher
ideal than unity in uniformity," an ideal which presupposes that the
diversity of experience, language, religion or culture is welcome as a strength,
rather than a threat to be eliminated. Pointing out that "reformers who
seek uniformity" look to assimilation or putting up international
borders between different populations in order to eliminate these differences,
he stated that an active policy of assimilation is a source of injustice and
cultural impoverishment, and that a policy of separation can set in motion a
process of mistrust that is difficult to stop.
Mr. Dion continued by stating that he is in no way attracted by those
theories which claim that fundamental rights are culturally defined and thus
ought not to be extended to all human beings. "I have seen refugees of
all ethnic, linguistic or religious backgrounds flocking to Canada, a land of
open arms and immigration, fleeing the world's worst dictatorships. They
automatically embrace democracy and fundamental rights. No cultural barrier
prevents them from doing so," he noted.
While democracy and fundamental rights are universal, this does not mean that
they need take the same form everywhere, the Minister continued. He noted that
differences can be observed between democratic countries and within each one of
them, especially among those who adopt federalism. "When founded on
respect for fundamental universal rights, the diversity of experience and
practices can become a very positive force within a federation," he
stated.
Mr. Dion then used the example of the Canadian Charter of Rights and
Freedoms to illustrate how fundamental rights can be reconciled with
respect for differences. He first recalled how the entrenchment of a charter in
the Canadian Constitution had from the outset generated a great deal of
mistrust, as the provinces feared it would exert a standardizing pressure. That
fear was such that the provinces demanded and obtained the inclusion in the
Charter of a clause allowing a law to be exempted from certain provisions of the
Charter. "And yet, the Charter has not transformed Canada into a
unitary, centralized country. Indeed, the very opposite has happened,"
the Minister stated, explaining that the Supreme Court's interpretation of the
Charter has marked a deepening of the practice of federalism by creating a
jurisprudence that facilitates diversity and strengthens provincial
autonomy.
Noting that the Court has struck down some provincial statutes because they
were in violation of the Charter, Mr. Dion observed that the net effect has
often been to strengthen diversity. "By recognizing the right of the
French-speaking minorities in the English-speaking provinces to manage their own
schools and school boards, or by requiring the Alberta government to prohibit
discrimination based on sexual orientation, [...] the Court has not
homogenized Canada; on the contrary, it has strengthened its heterogeneity."
The Minister also pointed out that the Court has taken into account the distinct
character of Quebec, where Francophones and Anglophones alike are entitled to
ask for linguistic protection. For example, he noted that the Court has ruled
that while it is legitimate for the Government of Quebec to require that French
be highly visible, and even predominant, on commercial signage, it would
nevertheless not be justified in prohibiting English or other languages.
Mr. Dion stated that federalism fosters the plural quest for better ways of
doing things, and mutual assistance and respect. He concluded by stating that he
looks forward to fruitful cooperation between the federations of Russia and
Canada, "cooperation [that] will notably take the form of a Joint
Statement of Cooperation on Issues Concerning Federalism that will be
released next week in Moscow".
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For information:
André Lamarre
Special Adviser
Tel: (613) 943-1838
Fax: (613) 943-5553
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