Minority and majority rights

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The rights of many people versus the rights of an individual is certainly a vexing concept. Like a delicate balancing act; if one side is favoured over the other it causes a rift in the already strained relationship between the minority and majority. Evidently, the justification of taking any side must be valid, according to the theories of H.L.A. Hart. In the past, Canadian law has violated the rights of minorities; however, these violations have decreased in their severity as time has passed on. Some cases where the balance between minority and majority rights is questioned is in The Canadian Indian Residential School System, Bill 101, Equality in the Workplace and The Public Service Act.

To begin, Aboriginal rights have, historically, been largely ignored in Canada’s past. Even before Confederation, there were efforts to assimilate the Aboriginal People into “Canadian” society; the prevailing thought was that the Aboriginal population was decreasing and it would be best for them to adapt the way of “normal” society. The most popular way to go about this assimilation was to take the children of Aboriginal families and send them to residential schools. These boarding schools were run by the federal government and attendance was mandatory. The goal was to raise the children devoid of any Aboriginal beliefs and teach them proper European ways – the children were punished if they spoke in their own language or followed their traditions and culture; every aspect of their life was stripped from their culture and Europeanised. They underwent emotional, physical and sexual abuse. All of these were serious violations of individual rights, and has been referred to as cultural genocide. The BNA Act of 1867, allowed the federal government...

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...da, "Employment Equity Act Review: A Report to the Standing Committee on Human Resources Development and the Status of Persons with Disabilities." Last modified March 3, 2003. Accessed April 5, 2012. http://www.hrsdc.gc.ca/eng/lp/lo/lswe/we/review/report/main.shtml.

Canadian Human Rights Commission, "Settlement Examples for 2009." Last modified June 13, 2011. Accessed April 5, 2012. http://www.chrc-ccdp.ca/disputeresolution_reglementdifferends/se_2009_ee-eng.aspx.

Office of the Commissioner for Federal Judicial Affairs Canada, "Lavoiev. Canada (C.A.)." Last modified April 3, 2012. Accessed April 5, 2012. http://reports.fja.gc.ca/eng/2000/2000fc24525.html.

Canadian Human Rights Commission, "Key Issues in Employment Equity in 2002." Last modified September 9, 2011. Accessed April 5, 2012. http://www.chrc-ccdp.ca/publications/page8-eng.aspx.

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