Racism A Debasement Of Human Rights Essay, Research Paper

While looking back on history or while watching the latest daily news, it is apparent that racism was and still is alive and well within our society resulting in isolation, persecution, and even wars. Although in Canada we celebrate our diversity, individuals, on a daily basis, suffer with freshly opened scars caused by racist attitudes. It is up to individuals within our society to use our Charter of Rights and Freedoms, as well as the federal and provincial human rights acts as tools to help stop or prevent racist acts and ideally racist beliefs.

Racism is the beliefs, policies, and or practices that certain human populations are superior to others. A class system based on race if you will. Although racist beliefs are based on a set of more often than not wrong assumptions about human populations, they are not in themselves a violation of human rights laws. However, any abuse of authority to justify policies and / or discriminate against an individual or group based on these beliefs is very much a violation of human rights. For example, a human resource advisor who believes that white people are the superior race, yet advises new hires based on merit alone, is not in a violation of human rights. If however, the same advisor discriminates against new hires based on race, he is indeed in violation of human rights laws. Usually people who violate human rights based on racist attitudes, justify their behavior based on

their belief that only the superior race can be truly considered human under the law. Fortunately, this is not how our legislation is meant to be enforced. Unfortunately, a new racism or an adaptation or new spin to the old racism has cropped its ugly head to curtail anti-racist progress.

The old form of racist beliefs was based on a set of assumptions based on biological (racial) differences and the new racist arguments are based on cultural differences. These racists argue that it is biologically inherent for us to defend our cultural way of life. Similar to the saying “a wolf in sheep’s clothing”, the new racism is a strategy to curtail an increasing multicultural ideology. They realize that the old argument based on biological differences is becoming weaker with every new generation, so they offer this so called “common sense” argument.

Similarly, new sociobiological theories have emerged arguing that racism is genetic. They argue that in our struggle to survive the evolutionary process, humans inevitably form protective groups within their own genetic pool. In their view, it is only natural for nations and cultures to isolate themselves into groups and to compete or oppose differences.

It is important for people to be aware of these new guises for racist attitudes. Similar to competing marketers, anti-racism educators and campaigners must stay on their toes and be aware of new racist angles and strategies. Awareness is key to the fight against racism.

In summary, racist beliefs are based on a set of more often than not wrong assumptions about human populations; they are not in themselves a violation of human rights laws. However, any abuse of authority to justify policies and / or discriminate against an individual or group based on these beliefs is very much a violation of human rights. Racists justify their behavior based on their belief that only the superior race can be truly considered human under the law. Furthermore, a new form of racism has emerged based on cultural, rather than biological differences. Education and awareness, along with proper legislation, is key in the prevention and / or reduction of human rights violation based on racism.

3. What do the four case studies reveal about Canadian society and culture in the prewar period?

Racism and discrimination have long been a part of the Canadian experience. During the prewar period of Canadian history there was a rise in hate groups such as the Ku Klux Klan and the roots of the Western Guard and Aryan Nations. There is no better documentation of discrimination than the cases that passed through the federal and provincial legislative system(s).

Our Constitution Act (1867) made no reference to equality rights. The Tomey Homma case, dealt with a provision in the British Columbia Elections Act denying the franchise to “Chinamen, Japanese, and Indians”. This provincial policy was found to violate the federal laws of naturalization and aliens, however, it was clear that as long as provincial policies did not infringe upon federal

jurisdiction, they could discriminate on racial lines. Similarly, in the Cristie v. York Corporation case, 1939, racial discrimination was very apparent in Canada. Christie was a black man who attended hockey games seasonally at the Montreal Forum. Often, he bought beer in the tavern within the forum. On one particular day, he ordered beer and was refused service by the waiter. The waiter was apparently instructed by the manager to not serve colored people. The case went to the

Supreme Court who found the manager’s actions completely within his rights as a business owner. One year later, the British Columbia court of appeal upheld the previous decision and further stated that the principles of the case applied to all of Canada.

Minorities were not the only people facing discrimination in pre-war Canada. Both women and children were treated like chattels and not considered equal human beings. The wording of the British North America Act of 1867 was called into question by a group of five women, now know as the famous five. Under the act, the word “persons” referred to more than one person and the word “he” referred to one person. It was argued that the act was saying that only a man could be legally considered a person. Therefore, it was interpreted that women were not entitled to the full rights under the act. Minority groups were also discriminated against based on this interpretation given the fact that they were considered less than human. Women’s groups began pressuring the federal government to appoint a woman to the Senate only to be given the same argument that women could not be appointed because women were not persons under federal law. The famous five, headed by Judge Emily Murphy, carried the case to the Privy Council in Britain, who on October 18, 1929, declared women “persons” under the British North American Act.

Taking a look at our country s history, as well as the four case studies, we can clearly see that women, children, and minorities were oppressed and discriminated against. Immigration laws made it very difficult for most non-whites to relocate to Canada yet they were determined to escape the overpopulation and political oppression of their home countries. However, upon arrival to Canada,

they endured social, political, and economic discrimination. Federal and provincial legislation did not provide equal protection under the law. Yet, during the War, people from diverse backgrounds, gender, and religions fought for freedom, liberty, and equality. In the face of all forms of discrimination, the spirits of women and minorities were not defeated. A trail of their achievements is easily seen in the Canadian Charter of Rights and Freedoms (1982).

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