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Canadian Multiculturalism Act
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| Canadian Multiculturalism Act Loi sur le multiculturalisme canadien | |
|---|---|
| Parliament of Canada | |
| |
| Citation | Canadian Multiculturalism Act[1] |
| Enacted by | Parliament of Canada |
| Assented to | July 21, 1988 |
The Canadian Multiculturalism Act (French: Loi sur le multiculturalisme canadien) is a law of Canada, passed in 1988, that aims to preserve and enhance cultural diversity, i.e. multiculturalism, in Canada.
Background
[edit]On 8 October 1971, Prime Minister Pierre Elliott Trudeau declared in the House of Commons of Canada that, after much deliberation, the policies of bilingualism and multiculturalism would be implemented in Canada.[2] In other words, the Government of Canada would recognize and respect its society including its diversity in languages, customs, religions, and so on.[3] According to Immigration, Refugees and Citizenship Canada (IRCC): "In 1971, Canada was the first country in the world to adopt multiculturalism as an official policy."[4] One result of this policy statement was the Canadian Multiculturalism Act of 1985.
In 1982, multiculturalism was recognized by section 27 of the Canadian Charter of Rights and Freedoms,[5] and the Canadian Multiculturalism Act was subsequently enacted by Prime Minister Brian Mulroney.[6]
Details
[edit]The preamble of the act declares that,
WHEREAS the Constitution of Canada provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination and that everyone has the freedom of conscience, religion, thought, belief, opinion, expression, peaceful assembly and association and guarantees those rights and freedoms equally to male and female persons ...
The multiculturalism policy allows citizens to practice their religions and keep their identities without the fear of official persecution. It is believed by some that without this fear, Canadians are more willing to accept different cultures. The policy, therefore, emphasizes a mutual respect between ethnicities and also acceptance of one's personal beliefs.[4]
This policy guarantees equality before the law and for pursuing opportunities whether personal, career, or in any other field.[4] This means anyone of any race or ethnic origin is capable of pursuing his or her interests without persecution. Canadian law, as a result, reflects many of these rights and belief as they guaranteed to all men and women.[4] All of these rights are guaranteed in the Canadian Charter of Rights and Freedoms which is part of the Canadian Constitution.[4]
The Parole Board of Canada writes that the act has two fundamental principles:[7]
- All citizens are equal and have the freedom to preserve, enhance and share their cultural heritage.
- Multiculturalism promotes the full and equitable participation of individuals and communities of all origins in all aspects of Canadian society.
The act binds the federal government and its institutions to encourage, facilitate, assist and undertake several high-minded goals. The Minister may also enter into agreements with provincial and foreign governments to promote these goals. Other ministers may enter into agreements with the provinces. The "Canadian multiculturalism advisory committee" is established in Section 7, and the Minister is charged with the annual composition of a report on the operation of the act.
Content
[edit]The Canadian Multiculturalism Act affirms the policy of the Government of Canada to ensure that every Canadian receives equal treatment by the government which respects and celebrates diversity. The act also:[8]
- recognizes Canada's multicultural heritage and that this heritage must be protected
- recognizes Aboriginal rights
- recognizes English and French remain the only official languages but that other languages may be used
- recognizes equality rights regardless of race, religion, etc.
- recognizes minorities' rights to enjoy their cultures.
Section 3
[edit]Section 3 (1) of the act states:[9]
It is hereby declared to be the policy of the Government of Canada to
(a) recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage
(b) recognize and promote the understanding that multiculturalism is a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada’s future
(c) promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to that participation
(d) recognize the existence of communities whose members share a common origin and their historic contribution to Canadian society, and enhance their development
(e) ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity
(f) encourage and assist the social, cultural, economic and political institutions of Canada to be both respectful and inclusive of Canada’s multicultural character
(g) promote the understanding and creativity that arise from the interaction between individuals and communities of different origins
(h) foster the recognition and appreciation of the diverse cultures of Canadian society and promote the reflection and the evolving expressions of those cultures
(i) preserve and enhance the use of languages other than English and French, while strengthening the status and use of the official languages of Canada; and
(j) advance multiculturalism throughout Canada in harmony with the national commitment to the official languages of Canada.
See also
[edit]References
[edit]- ^ "Canadian Multiculturalism Act". Justice Laws Website. Government of Canada. April 2014. Retrieved 24 December 2023.
- ^ Miriam Verena Richter (July 2011). Creating the National Mosaic: Multiculturalism in Canadian Children¿s Literature from 1950 To 1994. Rodopi. p. 37. ISBN 978-90-420-3351-1.
- ^ Understanding of Ideologies, Oxford University Press Canada, 2010
- ^ a b c d e Government of Canada (19 October 2012). "Canadian Multiculturalism: An Inclusive Citizenship". Government of Canada. Archived from the original on 12 March 2014. Retrieved 31 March 2014.
- ^ M. O. Dickerson; Thomas Flanagan; Brenda O'Neill (11 March 2009). An Introduction to Government and Politics: A Conceptual Approach. Cengage Learning. p. 56. ISBN 978-0-17-650042-9.
- ^ David Bennett (10 November 1998). Multicultural states: rethinking difference and identity. Psychology Press. p. 220. ISBN 978-0-415-12159-0.
- ^ Parole Board of Canada (4 November 2008). "The Canadian Multiculturalism Act". Government of Canada. Archived from the original on 27 February 2014. Retrieved 26 March 2014.
- ^ "Canada's Multicultural Policies." Understanding Canadian Diversity Edukit, http://www.edukits.ca/multiculturalism/student/diversity_multiculturalism_e.html
- ^ Jonathan L. Black-Branch; Canadian Education Association (1995). Making Sense of the Canadian Charter of Rights and Freedoms. Canadian Education Association. p. 38. ISBN 978-0-920315-78-1.
Further reading
[edit]- Stephen Tierney (2007). Multiculturalism and the Canadian Constitution. UBC Press. ISBN 978-0-7748-1445-4.
External links
[edit]- Text in English and in French at the Department of Justice Canada website
- Canadian Multiculturalism Act – National Parole Board
Canadian Multiculturalism Act
View on GrokipediaHistorical Context
Pre-Act Multicultural Policies
Prior to the formal adoption of multiculturalism as official policy, Canadian approaches to ethnic diversity emphasized assimilation into a dominant Anglo-French framework, with limited recognition of other groups' cultural retention. Post-World War II immigration policies, which relaxed restrictions and prioritized economic needs over ethnic origins, facilitated a demographic shift: between 1947 and 1962, over 2.2 million immigrants arrived, increasingly from southern and eastern Europe, diverging from pre-war British and northern European dominance. By the 1971 census, individuals of British origin comprised 44.6% of the population, French origin 28.7%, and all other origins 26.7%, reflecting growing pluralism that strained bicultural models.[11] This diversification prompted reevaluation, culminating in the Royal Commission on Bilingualism and Biculturalism (1963–1969), which highlighted demands from "other" ethnic communities for cultural preservation beyond bilingual Anglo-French priorities. The commission's final report, released in 1970, recommended support for multicultural heritage to foster national unity without assimilation. In response, on October 8, 1971, Prime Minister Pierre Trudeau announced multiculturalism within a bilingual framework as government policy in the House of Commons, rejecting rigid biculturalism in favor of ethnic pluralism to accommodate the mosaic of origins evident in census data and immigration trends.[12][13] The 1971 policy marked a causal pivot from assimilation—previously enforced via schools and citizenship requirements—to voluntary cultural maintenance, without statutory force. Early initiatives included establishing a Multiculturalism Directorate in 1972 under the Secretary of State to coordinate programs, such as grants for heritage language instruction in community schools and support for ethnic media and cultural events like festivals. These non-binding measures aimed to preserve linguistic and cultural identities amid demographic pressures, funding modest projects (e.g., $1.5 million initially allocated for multicultural activities by 1973) to promote intergroup harmony rather than uniformity.[14][15]Influences from Bilingualism and Immigration Shifts
The Official Languages Act of September 9, 1969, entrenched English and French as Canada's co-official languages within federal institutions, responding primarily to French-Canadian demands amid the Quiet Revolution and rising Quebec nationalism.[13] However, the Act's bicultural framework, rooted in the Royal Commission on Bilingualism and Biculturalism (1963–1969), overlooked the growing presence of non-Anglo/French ethnic communities, fostering perceptions that it promoted assimilation into an English-dominant or strictly dual-linguistic model at the expense of other heritages.[16] Ethnic organizations, including Ukrainian and Italian groups, critiqued this as exclusionary, arguing that biculturalism implicitly marginalized "third force" Canadians by framing national identity around two founding European cultures.[17] Parallel shifts in immigration policy amplified these tensions by diversifying Canada's demographic composition beyond European origins. In 1962, regulations under Minister Walter Harris's earlier reforms and subsequent amendments eliminated preferences for British and European applicants, paving the way for a 1967 points-based system that prioritized skills, education, and adaptability over national origin.[18] This change correlated with a surge in non-European immigration, particularly from Asia and the Caribbean; for instance, immigrants from Europe, who comprised over 90% of inflows before 1960, dropped to under 50% by the early 1970s.[18] Annual admissions rose from an average of about 71,000 in 1960 to 147,000 in 1965 and peaked at 222,000 in 1967, approaching 250,000 by the mid-1970s as policy targets expanded to meet labor needs.[19][20] These demographic pressures intersected with political imperatives to counter Quebec separatism, which emphasized French Canadians' unique status as one of two founding peoples. Biculturalism's focus risked entrenching Quebec's claims to asymmetry or special constitutional powers, as seen in demands during the 1960s for recognition of a "distinct society." Multiculturalism emerged as a strategic counter, promoting cultural pluralism within a bilingual envelope to underscore equality among all groups and dilute the binary framing that bolstered separatist narratives.[4] By affirming diverse heritages without hierarchy, it causally weakened arguments for French exceptionalism, integrating immigrants as stakeholders in a unified Canadian identity rather than reinforcing Anglo-French duality.[21] This approach aligned with empirical realities of rising ethnic pluralism, avoiding the exclusionary pitfalls of enforced bicultural conformity while addressing unity threats from FLQ crises and referendum pressures.[4]Enactment
Legislative Timeline
Section 27 of the Constitution Act, 1982, which forms part of the Canadian Charter of Rights and Freedoms, stipulates that the Charter "shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians."[22] This provision, effective April 17, 1982, laid a constitutional foundation for multiculturalism by directing judicial interpretation toward protecting multicultural aspects of Canadian identity. The Canadian Multiculturalism Act emerged as Bill C-37, introduced in the House of Commons in June 1988 under Prime Minister Brian Mulroney's Progressive Conservative government.[23] The bill passed unanimously in both the House of Commons and Senate in July 1988, receiving royal assent on July 21, 1988, thereby statutory recognition of multiculturalism as a "fundamental characteristic" of Canadian heritage.[1][4] The Act has not undergone major amendments since its enactment, maintaining its original framework while intersecting with Charter equality provisions under section 15 for claims involving multicultural rights.[24][3] This legislative culmination formalized prior policy commitments into binding federal law without subsequent substantive revisions.[4]Key Proponents and Opposition
The Canadian Multiculturalism Act, enacted as Bill C-93, was introduced by Secretary of State David Crombie on March 15, 1988, under Prime Minister Brian Mulroney's Progressive Conservative government, which positioned the legislation as a formal codification of multiculturalism to promote cultural preservation alongside national unity.[25] Mulroney's administration advanced the bill to affirm multiculturalism as a core element of Canadian heritage, building on the 1971 policy announced by Liberal Prime Minister Pierre Trudeau, with the aim of ensuring equitable participation of diverse groups in federal institutions. Liberal Party figures, including senior parliamentarian Jean Chrétien, endorsed the measure as an extension of Trudeau-era liberalism, emphasizing equality of opportunity and the rejection of assimilation in favor of voluntary cultural retention within a framework of shared civic rights.[26] Proponents highlighted the Act's role in addressing ethnic lobbies' demands for recognition, including advocacy from cultural associations pushing for dedicated broadcasting and program funding to counter perceived Anglo-centric dominance, viewing it as essential for integrating immigrants without erasing ancestral identities.[27] In House of Commons debates, supporters like NDP MP Margaret Mitchell argued for enhanced federal commitments to equity, framing the bill as a safeguard against discrimination while fostering mutual respect among communities.[28] The legislation passed second reading on March 22, 1988, with cross-party backing from Liberals and New Democrats, reflecting broad parliamentary consensus despite underlying ideological tensions, and received unanimous Senate approval at third reading before royal assent on July 21, 1988.[29] Opposition centered on warnings from assimilation-oriented critics that statutory multiculturalism risked eroding a cohesive national identity by prioritizing ethnic silos over unifying Canadian values, potentially fragmenting citizenship into parallel societies.[4] Figures like Keith Spicer, former Commissioner of Official Languages, voiced reservations about overemphasizing cultural funding at the expense of integration, arguing in public commentary that such policies diverted resources from core nation-building efforts and could exacerbate divisions, as evidenced by public feedback in his 1990 Citizens' Forum report highlighting dissatisfaction with multiculturalism's practical effects.[30][31] While no major parliamentary bloc blocked the bill, these critiques underscored debates over balancing heritage preservation with imperatives for a singular civic framework, with some Conservatives echoing concerns about diluted allegiance to Canada amid rising immigration.Core Provisions
Statutory Objectives
The Canadian Multiculturalism Act, enacted on July 21, 1988, declares in Section 3(1) the policy of the Government of Canada to recognize multiculturalism as reflecting the cultural and racial diversity of Canadian society, while affirming the freedom of individuals and communities to preserve, enhance, and share their cultural heritage.[32] This objective explicitly acknowledges the role of diverse origins in shaping national identity, without mandating assimilation, though all such freedoms remain subject to the limits imposed by the Canadian Charter of Rights and Freedoms, including protections for individual rights and public order.[32] A core mandate under Section 3(1)(b) and (g) emphasizes promoting equitable participation of all origins in Canadian society, enabling citizens to live with dignity while respecting others' rights, and fostering appreciation of diverse cultures to strengthen national unity through mutual respect and equality before the law.[32] This includes recognizing communities bound by shared religious, linguistic, or cultural heritage under Section 3(1)(d), but prioritizes cohesion over isolation by linking diversity to a unified whole.[32] Equality provisions in Section 3(1)(c) require equal treatment and protection under the law, with specific attention to aboriginal peoples and minorities, countering discrimination without altering fundamental legal hierarchies.[32] Further objectives address practical integration, such as ensuring equal employment opportunities in federal jurisdictions under Section 3(1)(e), and adapting services to community needs while upholding English and French as official languages per Section 3(1)(f).[32] Overall, Section 3(1)(h) aims to cultivate society where cultural diversity enriches rather than fragments, positioning multiculturalism as a policy tool for voluntary heritage maintenance alongside civic obligations.[32] These declarations bind federal policy but lack direct enforceability as rights, serving instead as guiding principles for government action.[33]Preservation of Heritage and Equality Measures
The Canadian Multiculturalism Act declares in section 3 that government policy includes preserving and enhancing the multicultural heritage of Canadians, including the freedom of individuals to share their cultural heritage, while recognizing multiculturalism as a fundamental characteristic of Canadian identity.[34] This encompasses specific provisions to preserve and enhance the use of heritage languages other than English and French, balanced against strengthening the status of Canada's official languages.[34] Federal institutions are directed to ensure equal opportunity in employment and advancement regardless of origin, and to promote programs that respect diversity while fostering contributions to Canadian society.[34] Section 5 authorizes the Minister of Canadian Heritage to implement measures such as facilitating the acquisition, retention, and use of heritage languages that contribute to Canada's multicultural character, and encouraging the preservation, enhancement, and sharing of cultural heritage through supported activities.[34] These include promoting intercultural exchanges and cooperation among communities to generate understanding from diverse interactions, as well as providing support to ethno-cultural groups to overcome discriminatory barriers, particularly those based on race or national or ethnic origin.[34] Other ministers are similarly required under section 6 to advance these objectives within their mandates, with coordination encouraged across government.[34] While section 3 emphasizes full and equitable participation of all origins in shaping Canadian society and equal protection under law, the Act's focus on cultural preservation has supported arguments for group-specific accommodations in legal challenges, often intersecting with Charter section 27's mandate to interpret rights consistently with multicultural heritage preservation.[34] This framework prioritizes removing barriers to participation alongside retaining distinct cultural practices, though critics contend it implicitly elevates collective ethnic identities over uniform individual integration into prevailing Canadian norms.[4] Such provisions have informed court interpretations in reasonable accommodation disputes, where multicultural policy considerations weigh against universal application of rules, as seen in Supreme Court rulings balancing religious or cultural claims with societal standards.[35]Implementation Framework
Federal Administration
The Department of Canadian Heritage serves as the primary federal body responsible for administering the Canadian Multiculturalism Act, overseeing its implementation across government institutions through directives and policy guidance.[3] Following the Act's enactment in 1988, administrative responsibility initially fell under the Secretary of State for Multiculturalism, later shifting to Citizenship and Immigration Canada before the full transfer of the Multiculturalism Program to Canadian Heritage in 2015, which centralized cultural and heritage aspects while preserving links to immigration policy.[7] The Multiculturalism and Anti-Racism Program (MARP), housed within Canadian Heritage, operationalizes federal funding and initiatives under the Act by supporting community projects, events, and organizational capacity-building to address racism and promote intercultural understanding.[36] MARP allocates resources through targeted streams, such as the Anti-Racism Call for proposals addressing systemic discrimination and the Events component for diversity-focused gatherings, with examples including $35 million directed to grants and contributions in fiscal year 2021-2022.[37] Coordination occurs with Immigration, Refugees and Citizenship Canada (IRCC) to align settlement services for newcomers with the Act's emphasis on cultural preservation and equal participation, ensuring multiculturalism principles inform integration programs without supplanting IRCC's primary mandate.[7] Federal institutions, numbering over 120 in recent cycles, submit annual data on their compliance with the Act's objectives to Canadian Heritage, which compiles these into operational reports assessing departmental activities, though the Act itself mandates a comprehensive ministerial review every five years under section 6.[38][24] These mechanisms track progress on policy directives, such as equitable employment opportunities and heritage preservation efforts, with the 2023-2024 report highlighting submissions from 86% of surveyed entities.[5]Integration with Other Policies
The Canadian Multiculturalism Act of 1988 intersects with immigration policy primarily through its reinforcement of a diversity-oriented framework, building on the points-based system introduced in 1967, which shifted selection criteria toward skills, education, and adaptability rather than national origin, thereby increasing inflows from Asia, Africa, and Latin America to comprise over 80% of immigrants by the 1990s.[39][40] This alignment supports the Act's objective of fostering a mosaic of cultures, as multiculturalism policy explicitly encourages immigration levels and compositions that enhance cultural pluralism without prioritizing assimilation.[3] In education, the Act promotes the integration of multicultural content into curricula by directing federal efforts to assist provinces in developing programs that recognize and preserve diverse heritages, such as through heritage language classes and anti-racism initiatives in schools, as outlined in section 5(1)(e) of the legislation.[41] This has influenced provincial policies, including Ontario's 1977 Heritage Languages Program and broader mandates for inclusive teaching materials that highlight contributions from non-European groups, aiming to cultivate mutual respect among students.[4] The Act complements the Employment Equity Act of 1986 by embedding multiculturalism principles into workplace mandates, requiring federal institutions to ensure equal employment opportunities for visible minorities alongside women, Indigenous peoples, and persons with disabilities, with the Multiculturalism Act's section 3(a) explicitly affirming equitable access to public sector advancement.[41][4] This linkage has resulted in targeted programs, such as diversity training and representation goals, to address systemic barriers identified in equity audits. Post-September 11, 2001, the Act's emphasis on inclusion has created tensions with national security frameworks, particularly the Anti-Terrorism Act of 2001 (Bill C-36), which expanded surveillance and preventive detention powers amid concerns over radicalization within unintegrated ethnic enclaves, prompting debates on whether multiculturalism's tolerance of parallel communities undermines counter-radicalism efforts.[42] Government reports have highlighted the need to balance these policies, as seen in enhanced community outreach under the Act to promote "integration" against extremism while avoiding assimilation mandates, though critics argue this equilibrium has faltered in cases involving honor-based violence and Islamist networks.[43]Societal Impacts
Claimed Achievements
Proponents of the Canadian Multiculturalism Act attribute to it the promotion of greater ethnic visibility through support for cultural festivals and media initiatives. Federal funding and policy encouragement have facilitated the expansion of events such as Toronto's Caribana, which draws over one million attendees annually and exemplifies the Act's aim to recognize diverse heritages in public life. Similarly, the policy has bolstered ethnic media outlets, including community radio and television programming in multiple languages, enhancing representation of minority groups in Canadian broadcasting.[44][45] Immigrants under the multiculturalism framework have reported high levels of satisfaction with settlement experiences. Statistics Canada's Longitudinal Survey of Immigrants to Canada (2001-2005 cohorts) found that approximately 85% of recent immigrants expressed overall positive assessments of their life in the country after four years, citing opportunities for cultural retention alongside economic participation as key factors.[46] The Act is claimed to have contributed to averting widespread ethnic conflicts observed elsewhere, with Canada maintaining lower per capita hate crime rates than the United States before the 2010s. In 2010, police-reported hate crimes in Canada stood at 4.1 incidents per 100,000 population, following an 18% decline from prior years, which advocates link to the policy's emphasis on mutual respect and institutional equity measures.[47] By enabling skilled immigrants to integrate while preserving cultural identities, the policy has supported economic gains from workforce diversity. Government analyses indicate that economic-class immigrants, selected partly under multicultural integration principles, expand the labor force and drive GDP growth, with about 60% of admissions targeted for their fiscal contributions, yielding sustained productivity boosts in innovation sectors.[48][49]Empirical Data on Social Cohesion and Integration
Data from the 2021 Census indicate significant residential concentration of visible minority groups in major Canadian cities, contributing to ethnic enclaves. In the Toronto Census Metropolitan Area, 57% of the population identified as visible minorities, up from 51.4% in 2016, with certain neighborhoods exhibiting concentrations exceeding 80% of one ethnic group, such as South Asian-majority areas in Brampton or Chinese-majority enclaves in Richmond, British Columbia.[50][51] These patterns reflect limited spatial integration, as immigrants from non-Western sources disproportionately settle in co-ethnic communities, with Statistics Canada noting that 46.6% of Toronto residents are immigrants, many clustered by origin.[52] Intermarriage rates serve as a metric of social integration, revealing disparities across groups. According to the 2011 National Household Survey, only 13% of South Asians and 19.4% of Chinese Canadians were in mixed unions with non-visible minorities, compared to 78.7% for Japanese and 48.2% for Latin Americans; overall, visible minority mixed unions stood at lower levels for groups emphasizing endogamy, such as Muslims and South Asians.[53] More recent analysis confirms variation, with interracial marriage rates remaining low for certain Asian subgroups, indicating persistent cultural silos despite economic advancement.[54] By 2021, mixed unions comprised about 7% of all couples, predominantly between visible minorities and non-racialized partners, but endogamy prevails among recent cohorts from high-diversity source countries.[55] Social trust metrics show relative stability but underlying pressures from diversity. The World Values Survey indicates that generalized trust in Canada hovered around 40-45% from the 1990s to 2020s, higher than global averages but with localized declines in diverse urban areas correlating to ethnic fractionalization, as per Putnam's diversity-trust hypothesis applied to Canadian contexts.[56][6] Studies link multiculturalism's emphasis on preserved differences to slower attitudinal convergence, with 57% of Canadians in 2024 perceiving newcomers as failing to adopt core values, amid persistent silos in cultural practices.[57] Economic integration remains strong, yet causal analyses from the Migration Policy Institute highlight policy-induced barriers to full assimilation, fostering parallel communities over unified cohesion.[58]| Visible Minority Group | Mixed Union Rate (2011) | Notes |
|---|---|---|
| Japanese | 78.7% | Highest among Asians |
| Latin Americans | 48.2% | |
| Blacks | 40.2% | |
| South Asians | 13.0% | Lowest, tied to endogamy |
| Chinese | 19.4% | Persistent silos |