The development of human rights protection in British Columbia
Date
1986
Authors
Anderson, Donald George
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Abstract
In September 1984, the British Columbia Human Rights Act was proclaimed. This statute replaced the Human Rights Code enacted in 1973. As a means to ensure equality of opportunity, the Act was much criticized for its lack of administrative and proscriptive strength. It continued to prohibit discrimination in certain circumstances however its breadth of application and means of enforcement were narrowed considerably from those found in the Code. The Act, which had its origins in the restraint programme introduced in July 1983, was regarded by many as a retreat from what had become the Canadian norm in human rights protection. This thesis will provide an examination of the development of human rights protection in British Columbia and in doing so will demonstrate the manner in which the Act fits the ideological paradigm which dominates in British Columbia.
Many of the explanations of politics in British Columbia focus on our political culture. These studies have shown British Columbia's political culture to be parochial, populist and fragmented along economic, regional and class lines. While not denying the relevance of these findings, it is thought that in order to understand the types of public policies which emanate from government, one must remain cognizant of the ideological constraints which define the parameters of acceptable government action. This awareness also aids in our understanding of political culture.
This thesis adopts the framework utilized by Ronald Manzer in his book Public Policies and Political Development in Canada. Manzer demonstrates the dialectical nature of Canadian liberalism and asserts that the contemporary crisis in Canadian public policy stems from the dialectic between the values of economic liberalism and those of ethical liberalism. This thesis will demonstrate the equal relevance of this dialectic to understanding the political debate in British Columbia.
Beginning with an explanation of the liberal dialectic and its relevance to the development of human rights protection in Canada, this thesis moves to a detailed examination of human rights policy in British Columbia. Chapter two discusses the demands made on governments in British Columbia for greater human rights protection. Of note is the differing responses to these demands by Social Credit and NOP governments. Chapters three and four provide a closer examination of the types of policies adopted and their implementation. Here, the strategies employed by these partisan antagonists demonstrates the manifestation of the liberal dialectic in human rights policy.
The conclusion reached by this thesis is that the human rights policy adopted by the Bennett government in 1984 is not inconsistent with the liberal paradigm. The Human Rights Act is indicative of the values of economic liberalism and represents a move away from the moral concerns expressed by ethical liberalism. This thesis demonstrates that despite the intense debate surrounding human rights protection in British Columbia, the policies and strategies advanced have been defined in terms consistent with the ideology of liberalism.