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COMPASSIONATE CANADIANS
This page intentionally left blank
Rhoda E. Howard-Hassmann

Compassionate
Canadians
Civic Leaders Discuss
Human Rights

UNIVERSITY OF TORONTO PRESS

Toronto Buffalo London
 www.utppublishing.com
University of Toronto Press Incorporated 2003
Toronto Buffalo London
Printed in Canada

ISBN 0-8020-3664-3

Printed on acid-free paper

National Library of Canada Cataloguing in Publication

Howard-Hassmann, Rhoda E.
Compassionate Canadians : civic leaders discuss human
rights / Rhoda E. Howard-Hassman.
Includes bibliographical references and index.
ISBN 0-8020-3664-3
1. Civil rights-Canada. I. Title.
JC599.C3H66 2003 323'.0971 C2003-902293-5

This book has been published with the help of a grant from the Canadian
Federation for the Humanities and Social Sciences, through the Aid to
Scholarly Publications Programme, using funds provided by the Social
Sciences and Humanities Research Council of Canada.

University of Toronto Press acknowledges the financial assistance to its

publishing program of the Canada Council for the Arts and the Ontario
Arts Council.

University of Toronto Press acknowledges the financial support for its pub-
lishing activities of the Government of Canada through the Book Publishing
Industry Development Program (BPIDP).
To the seventy-eight Hamilton civic leaders
whose views are discussed in this book.

And to Grace.
This page intentionally left blank
Contents

Acknowledgments xi

1 HAMILTON'S CIVIC LEADERS 3

Research Population and Methodology 4
Democracy and Citizens' Moral Reasoning 14
Involvement in Civic Life 17
Canadian Human Rights Laws and Policies 23
Chapter Outline 28

2 BEING CANADIAN 33
Immigrant and Native-Born Civic Leaders' Views of Being
Canadian 34
Canadian Characteristics 38
Freedom and Opportunity 40
Importance of Feeling Canadian 41
Symbols and Rituals 43
Feelings of Exclusion 46
Canadian Citizenship 49

3 MORAL CIRCUMSPECTION AND FREEDOM OF SPEECH 53

Freedom of Speech: A Problematic Right 53
Community Harmony and the Need to Balance Rights 56
'Canadian Values' and Freedom of Speech in Public Life 59
Freedom of Speech versus Group Protection 64
Moral Circumspection 69
viii Contents

4 A NOTE ON HATE CRIMES 75

A Counter-Intuitive Finding 75
A Half-Half Split: Opinions on Harsher Punishments and Mitigating
Circumstances 78
Comparison to Parliamentary Debate 82
Personal Responsibility and Hate Crimes 85
The Crime and the Punishment 88

5 THE GAY COUSIN: LEARNING TO ACCEPT GAY RIGHTS 91

The Gay Rights Debate 91
Equality Rights 94
Disapproval of Gays 97
Family Issues 100
Changing Social Mores: The Gay Cousin 106
Humanizing Gays and Lesbians 112

6 LIMITS TO MULTICULTURALISM: GAY RIGHTS, WOMEN'S

RIGHTS, AND MINORITIES' RIGHTS 114
Cultural Relativism and Human Rights 114
The Response Continuum 116
Our Country, Our Rules 119
Unfamiliar Customs 120
Freedom of Religion as a Human Right 123
Learning to Accept the 'Canadian Way' 125
Culture, Rights, and Social Change 128
Hamilton Civic Leaders and the Academic Debate on
Multiculturalism 130

7 THE SINS OF THE FATHERS: EMPLOYMENT EQUITY 134

The Policy Debate 134
The Meaning of Employment Equity 138
Police, Firefighters, and the 'Backlash' against Employment
Equity 141
Whites and Social Power 144
Compensatory Justice and Group Rights 146
Poverty and Group Rights 149
Real Costs, Symbolic Insults 152
 Contents ix

8 THE DUTY TO RESPECT: ABORIGINAL RIGHTS 156

Collective Rights 156
Attitudes towards Aboriginal Rights 158
Duties towards Aboriginal Peoples 161
Assimilation versus Cultural Particularism 163
Strict Equality versus Collective Rights 166
Self-Determination 168
Self-Determination and Canadian Human Rights Law 172
Canadian Public Discourse and Collective Rights 175

9 SHORT BOOTSTRAPS: POVERTY AND SOCIAL

RESPONSIBILITY 178
Economic Rights 178
Social Responsibility for Poverty 183
Unwed Mothers 186
The Work Ethic and the Welfare Trap 191
Short Bootstraps 197

10 A COMFORTABLE CONSENSUS: RESPONSIBILITY TO

STRANGERS 200
National versus International Obligations 200
Responsibility to Strangers 203
Refugees and Immigrants 205
Foreign Aid 209
Goodwill and Legitimate Self-Interest 211

11 COMPASSIONATE CANADIANS 215

Compassion and Empathy 215
A Group Rights Consciousness 222
Human Rights and the Sense of Community 227
Compassionate Canadians? 231

Appendix: Interview Schedule 235

Notes 243
Bibliography 281
Index 305
This page intentionally left blank
Acknowledgments

Many organizations and individuals have helped to make this book

possible. In particular, I must thank the Social Sciences and Humani-
ties Research Council of Canada, which financed the major part of the
research and writing. I must also thank McMaster University, both for
its Arts Research Board grant, which financed the final stage of writ-
ing, and for the research leaves it granted me in 1996-7 and again in
the last half of 2000, permitting me to conduct the interviews on which
this book is based, and to devote six months to writing.
I am extremely grateful to the Netherlands Institute of Human
Rights and its Director, Cees Flinterman. I wrote the antepenultimate
draft of this book in the latter half of 2000, in the quiet yet supportive
atmosphere of the Netherlands Institute in Utrecht.
For permission to reprint revised versions of articles I published in
their journals, I am grateful to Citizenship Studies (chapter 2), The Inter-
national Journal on Minority and Group Rights (chapter 3), The Journal of
Homosexuality (chapter 5), and the Netherlands Quarterly of Human
Rights (chapter 6).
Several research assistants helped me throughout the research, draft-
ing, and writing stages. They include, in chronological order, Bernard
Doucet, Jacqui Fraser, Rina Rodak, Jason Wakely, Nina Rabinovitch,
Sarah Colman, and Anthony Lombardo. To all of them I am most
grateful, not only for the work they did but also for their sense of
humour and their patience. If this project succeeds at all, it is largely
due to their collective effort. I owe special thanks to Anthony Lom-
bardo, who in addition to his other duties was of enormous assistance
in preparing the final manuscript.
Karen Rachner transcribed the interviews with great patience and
xii Acknowledgments

care. I was very fortunate to find her, and I am very grateful for her
assistance.
Many colleagues have commented on various parts of this book or
on earlier articles emanating from it, either in writing or in conversa-
tion. They include, from my home university, Janet Ajzenstat, Caroline
Bayard, Elizabeth Boetzkes, Daniel Coleman, Scott Davies, Colin Far-
relly, Tim Fisher, Louis Greenspan, Neil McLaughlin, Charlene Miall,
Julianne Momirov, and Vic Satzewich. At the Netherlands Institute of
Human Rights, Peter Baehr, Baas de Gaay Fortman, and Hans Werd-
moelder read draft chapters. Others who listened or offered comments
are Abdullahi A. An-Nacim, Robert Brym, Keith Doubt, Bogdan Dra-
kulic, Michiel Horn, Frederick Johnstone, Rainer Knopff, Phil Resnick,
Rudolf Rizman, and Bryan Turner. Jack Donnelly read the antepenulti-
mate draft of the book, treating me to his usual biting criticism.
I owe a special debt of gratitude to Robert Martin, Barrister-at-Law
and Professor of Law at the University of Western Ontario. His legal
advice sustained me through a very difficult reviewing process in
which my own right to freedom of speech was threatened.
My husband, Peter McCabe, as always has offered me his advice and
support on everything from logistics to analysis. Our son, Patrick
McCabe, patiently suffered through yet another of my research projects
before at last escaping to university.
I am most grateful to the seventy-eight men and women who so gra-
ciously, generously, and openly discussed their views on human rights
with me. Their willingness to share their opinions - as well as to put
up with my occasional incompetence with my tape recorder - made
this book possible. This book is dedicated to them.
This book is also dedicated to a seventy-ninth compassionate Cana-
dian, my most beloved friend, Grace Stewart. A recently retired
teacher of high-school English, Grace gave most generously of her time
to edit this entire volume in the summer of 2001. More than that, she
has been a constant presence and comfort in my life for many years.
Always thoughtful, always compassionate, she attracts around her not
only her family, but also her many students and friends, all of whom
lean on her as I also do. Grace is a woman truly deserving of her name.
COMPASSIONATE CANADIANS
This page intentionally left blank
Chapter One

Hamilton's Civic Leaders

Michael Ignatieff has stressed the need for the intellectual elites of the
world to listen to the voices of ordinary men and women.1 Ordinary
men and women constitute the everyday moral universe. If they do
not accept the principles of human rights, law alone cannot enforce
those principles.
This book reveals how some Canadian citizens grapple with ques-
tions about human rights. I discuss their moral reasoning by analysing
the opinions of seventy-eight civic leaders in Hamilton, Ontario, and its
surrounding region, whom I interviewed in 1996 and 1997. These citi-
zens considered themselves part of the Canadian community and
believed their voices could be heard in the public realm; they were
active commentators on Canadian human rights issues. I asked them
questions about hate speech, hate crimes, gay and lesbian rights, the
limits to multiculturalism, employment equity, indigenous peoples'
rights, poverty, and Canadians' obligations to strangers. We also dis-
cussed the Hamilton civic leaders' feelings of identity as Canadians. We
did not discuss the complicated question of language rights in Canada,
or the division of responsibilities between the rest of Canada and Que-
bec, which might be considered to be an issue of 'collective' linguistic
and ethnic rights, if not of the collective right to self-determination.
The human rights questions these citizens discussed were of two
kinds. One kind dealt with the reconciliation of competing human
rights interests among different categories of people living in Canada.
The other kind dealt with dilemmas of principle between competing
human rights obligations. Some of these dilemmas, such as those
regarding hate speech rights and the limits to multiculturalism, ad-
dress actual contradictions in legal and philosophical human rights
4 Compassionate Canadians

principles. Others merely show how principles are changing in Can-

ada, and how Canadian citizens both react to, and impel, such changes.
These Hamilton civic leaders thought deeply about human rights
questions. As I have argued elsewhere, 'The activist... citizen, translat-
ing private reflection about the common good into public action, pro-
tects his own and other people's human rights.'2 I talked to a small
group of people chosen on the basis of their participation in civic
affairs. However, as the following chapters will show, their opinions
are not untypical of the opinions of Canadian citizens as a whole, as
shown in national opinion polls. The reasoning they employed as they
worked their way through typically Canadian commitments to the val-
ues of equality, respect for others, non-discrimination, and multicultur-
alism is reflected in national debates in the mass media, in debates in
Canadian religious communities, in modifications in school curricula,
and in millions of private conversations.
These civic leaders are, therefore, a reflection, if not an absolutely
reliable indication, of the 'collective consciousness' of Canadian citi-
zens, that shared moral ethic that underpins law and guides individual
actions and moral decisions. The nineteenth-century sociologist Emile
Durkheim coined the term 'conscience collective' to describe 'the total-
ity of beliefs and sentiments common to average citizens of the same
society.'3 This collective consciousness is 'the cultural idiom of social
action.'4 In so far as the Hamilton civic leaders exemplify the cultural
idiom of day-to-day Canadian human rights morality, they also show
how this morality is translated into social action.

Research Population and Methodology

I interviewed these Hamilton civic leaders from July 1996 to April

1997. Hamilton at the time was a medium-sized Canadian city with a
population of 322,000, about seventy kilometres west of Toronto. (It
has since been amalgamated with smaller surrounding municipalities
to form a region of 468,000 people.) The average income of persons in
the Hamilton census metropolitan area in 1996 was $27,556, just above
the average Ontario income of $27,309.5 Formerly known for the two
steel mills that were for decades its chief source of employment,
Hamilton in 1996 was also a medical and educational centre, and a
bedroom city for the employees of the many light industries that
sprang up in the 1980s and '90s along the Hamilton-Toronto corridor.
In 1996, 25.5 per cent of those residents of Hamilton who had worked
 Hamilton's Civic Leaders 5

since 1 January 1995 had worked in the manufacturing and construc-

tion industries, while 72.7 per cent had worked in the service sector.6
Seven point seven per cent of the working population was employed
in the education sector, while another 10.7 per cent was employed in
the health sector.7 The unemployment rate in 1996 was 8.1 per cent.8
Nineteen per cent of the population of Hamilton was classified as low
income in that year.9
I call the people I interviewed civic leaders. By this term, I mean
leaders of civil society at the local level. This is a term that I bestowed
on the people I interviewed, not necessarily a term they used to
describe themselves. These individuals both reflected and led public
opinion in Hamilton and its environs. Most of them were, or had been,
active in numerous civic associations. They were not individuals who
'bowled alone/ to use Robert Putnam's trenchant phrase for those in
the United States who do not participate in community life.10 Rather,
most had very long and complex histories of civic activism. Many had
been instrumental in forming or administering civic organizations.
Some had also been instrumental in identifying and fulfilling man-
dates for reform in various social and political sectors. Finally, many
had been responsible for raising funds and distributing benefits in a
wide variety of service and charitable organizations.
The interviews with these civic leaders were semi-structured. I had a
list of general questions to pose to each person, but I tried to treat the
interview as a natural conversation, varying the questions and the
order in which I presented the different sections to preserve a natural
conversational flow. Soon after starting the interviews I realized that
the civic leaders were most at ease with my questions about their iden-
tities as Canadians, and least at ease with my questions about gay and
lesbian rights; thereafter, I started most interviews with the section on
Canadianness, and ended them with the section on rights for lesbians
and gays. I tried to ensure that each new topic I introduced made
sense, in that it flowed naturally from the topic preceding it; accord-
ingly, the order varied, as also did the need for probing or follow-up
questions. Some people answered at length as soon as I introduced a
topic, while others were more at ease with a set of questions about each
issue. Follow-up questions, and probes of their answers, also varied
according to the civic leaders' knowledge of or interest in a topic, or
according to their propensity to be talkative. The interviews lasted
from one and a half and two and a half hours, and generated on aver-
age forty transcript pages each. The appendix presents the questions I
6 Compassionate Canadians

had drafted to guide the interviews, but readers are warned, as

explained above, that I followed these questions only loosely in the
actual interviews.
Such informal interviews, relying on open-ended questions, allowed
the civic leaders to put their thoughts in their own words and to speak
about an issue as long as they wanted. Open-ended questions avoid
the absolute answers that opinion polls normally elicit. They give the
individuals who are interviewed a chance to explain their views, and
to argue with themselves within their own answers. The purpose of
this type of interview is not to generate a sample of opinions that is sta-
tistically representative of the opinions of a wider group of people, for
example, everyone living in Hamilton, or everyone living in Canada.
This is qualitative, not quantitative, research. While quantitative data
condenses information, qualitative data enhances it.11 Its purpose is to
delve deeply into the meanings and interpretations that research
respondents give to their social worlds - in this case, as reflected in
their views on human rights issues.
My research method, then, used a sociological technique to investi-
gate ethical problems usually written about by philosophers or legal
scholars. Qualitative sociologists often rely on their scholarly intuitions
to formulate their beginning research questions. My intuition, later
confirmed by the interviews, was that Canadian civic leaders often
think quite deeply about moral issues. This deep and complex thinking
cannot be captured in public opinion polls or even in formal, highly
structured interviews in which respondents are confined to short
answers to the questions posed. To ascertain the depth of their reason-
ing, respondents must be allowed to range freely, providing examples,
personal knowledge, and reasons and justifications for their views as
they see fit. The analysis of the interviews is then based on what
respondents say; it is their responses that frame the topics to be dis-
cussed. For example, in chapter 5, on gay and lesbian rights, I discuss
the fact that forty-four civic leaders told me they knew someone who
was gay or lesbian. I had not asked them about this; they volunteered
this information, which turned out to be very influential on their opin-
ions on gay and lesbian rights. In chapter 7,1 discuss the civic leaders'
interest in employment equity policies in local firefighting and police
forces; again, this is not something about which I set out to ask, but
rather an issue they brought up.
To locate the civic leaders whose voices are heard in this book, I used
a method known in sociology as theoretical sampling. A theoretical
 Hamilton's Civic Leaders 7

sample is one chosen with particular theoretical interests in mind. Nor-

mally, a sociologist will be looking for a group that will offer answers
to her starting theoretical question.12 As a scholar of human rights with
a background in sociology, I was looking for a research sample of peo-
ple familiar with the types of human rights questions in which I was
interested.
Theoretical sampling is in turn a subset of what is known in sociol-
ogy as purposeful sampling. Purposeful sampling is especially useful
for finding 'information-rich cases' that can be studied in depth.13 This
type of sampling aims to give real voice to those who participate in the
sociological study, to allow respondents time to frame and think
through their answers, rather than to merely ask them to choose one of
a list of preset options.14 I purposefully sought out members of the
Hamilton community who I knew would be thinking about the human
rights questions I was addressing, avoiding other members of the com-
munity who might not be thinking about these issues. By purposefully
identifying civic leaders, I managed to locate the kinds of people I
sought and among the seventy-eight people I interviewed, only one
was unfamiliar with the issues. By tape-recording (with their permis-
sion) and analysing their lengthy, in-depth responses, I was able to dis-
til their key reasons, the disagreements among them, and the range of
views they held. The complexity of their thinking became evident, not
only between different groups but within groups that might be
thought to have homogeneous opinions on issues such as hate speech
or multiculturalism, such as persons of African descent, or gays and
lesbians.
Thus, once again, this is not a random sample of Hamilton citizens
or even of civic leaders, of the kind one would seek were one conduct-
ing a quantitative survey. I interviewed seventy-eight people. There
are no rules regarding sample size in qualitative sociological research,
but the size of my sample was sufficient to generate what sociological
methodologists call redundancy and saturation.15 As I reached the end
of my research, I found that the opinions and the background reasons
offered by the civic leaders became redundant; I had heard them all
before many times. The interviews started to fold in on themselves, as
it were, having reached the saturation point.
This book reflects the voices of the Hamilton citizens with whom I
had discussions. After deciding at the beginning of this project to focus
on civic leaders, I was left with the problem of how to recruit them.
Since there is no official 'list' of civic leaders, I had no pre-selected
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