Brian Bird: Freedom of Conscience in the Canadian Charter of Rights and Freedoms (Canada 150 Miniseries)

Today we continue our Canada 150 miniseries with a look at perhaps the most significant piece of Canadian legislation since Confederation: the 1982 Charter of Rights and Freedoms. Section two of the Charter lists what are called the “fundamental freedoms,” including for example freedom of religion, freedom of association, freedom of expression and – importantly for our purposes – freedom of conscience. Many constitutional disputes in Canadian jurisprudence have tested the limits of freedom of religion. But as Canada becomes more and more secularized, the focus may well shift to freedom of conscience, which would thereby rise to greater prominence in Canadian politics.

In this installment of The Provocateur I talk to Brian Bird, a DCL student in the Faculty of Law at McGill University, to explore the history and theory of freedom of conscience, which he dubs “the forgotten freedom.” We discuss what freedom of conscience is and how it can be distinguished from freedom of religion; the nature of freedom of conscience before and after the Charter came into effect; the limits of freedom of conscience; and the future of “the forgotten freedom” in Canadian society.

You can listen to the podcast here: 

Further Reading:

Brownlee, K. (2012) Conscience and Conviction: The Case for Civil Disobedience. Oxford: Oxford University Press.

Waldron, M. A. (2013) Free to Believe: Rethinking Conscience and Freedom of Religion in Canada. Toronto: University of Toronto Press.

Vischer, R. K. (2010) Conscience and the Common Good: Reclaiming the Space Between Person and State. Cambridge: Cambridge University Press.

Laura Madokoro: The History of Humanitarianism in Canada (Canada 150 Miniseries)

This episode of The Provocateur kicks off a special month-long miniseries to coincide with Canada 150: a series of celebrations to mark the 150th anniversary of Canadian Confederation. While it is frequently derided as the backyard of the United States, Canada possesses a rich, complex and colourful history; today it is rightly celebrated as an outward-looking and multicultural nation. Yet its spirit of progressive pluralism belies the stinging legacies of both indigenous dispossession and the oppression of racial and ethnic minorities. Some of the darkest episodes of Canada’s recent past can be found in the Chinese Exclusion Act, as well as Japanese internment during WWII. Though Canada sought to establish itself as a humanitarian power in the postwar period, it continues to be haunted by the injustices of history.

To discuss the history of humanitarianism and immigration in Canada, The Provocateur is joined today by Laura Madokoro, who is assistant professor in the department of History and Classical Studies at McGill University. We explore the history of anti-Chinese and anti-Japanese sentiment in nineteenth and early twentieth century Canada, the relationship between humanitarianism and settler colonialism, the significance of the Indochinese refugee crisis for Canadian foreign policy and the amazing story of the first official refugees from China to Canada in 1962. Finally we bring our discussion up to the contemporary moment, with the provocative question of whether Islamophobia is the new yellow peril.

You can listen to the podcast here: 

Correction: The episode is mentioned as being the second in the Canada 150 miniseries, as it was still scheduled as such at the time of recording. However due to unforeseen circumstances, it will now be broadcast as the first episode. Apologies for the oversight.

Further Reading:

Gatrell, P. (2013) The Making of the Modern Refugee. Cambridge: Cambridge University Press.

Madokoro, L., F. McKenzie and D. Meren (eds.) (2017) Dominion of Race: Rethinking Canada’s International History. Vancouver: University of British Columbia Press.

Mar, L. (2010) Brokering Belonging: Chinese in Canada’s Exclusion Era, 1885-1945. New York: Oxford University Press.

Roy, P. (2010) The Triumph of Citizenship: The Japanese and Chinese in Canada. Vancouver: University of British Columbia Press.

Yu, H. (2015) ‘Conceptualizing a Pacific Canada Within and Without Nations’, in Dubinsky, K. et al. (eds.) Within and Without the Nation: Canada’s History as Transnational History. Toronto: University of Toronto Press.