This article deals with Canadian immigration law and its interactions with federalism, multiculturalism and Quebec’s secession attempts. As stated by the Constitution Act, 1867, immigration is a concurrent power, which belongs both to the Federation and the Provinces. Federal legislation and ‘Immigration Agreements’ also represent the main basis for a cooperative federalism in immigration issues. Moreover, the article examines the interactions between Quebec’s claims with regard to immigration and its request for the granting of the distinct society status within Canada. In fact, Quebec’s claims regarding immigration are strictly bounded to the tutelage of its cultural diversity, the recognition of the veto over constitutional amendments and to secession. The article deals with immigration policies as well. By this way, Canada and Quebec tend to integrate into their multicultural society ‘new minorities’, so that the different Canadian ethnic groups may live together. In addition, integration policies must respect Quebec cultural diversity, federalism and the rights and freedoms set out in the Charter. Moreover, the implementation of integration policies represent another issue, over which the federal and the Quebec visions regarding federalism, immigration and respect for minorities clash.
Multiculturalism, Secession and Constitutional Amendments: Québec’s Statut Particulier in the View of Canadian Immigration Law
NICOLINI, Matteo
2012-01-01
Abstract
This article deals with Canadian immigration law and its interactions with federalism, multiculturalism and Quebec’s secession attempts. As stated by the Constitution Act, 1867, immigration is a concurrent power, which belongs both to the Federation and the Provinces. Federal legislation and ‘Immigration Agreements’ also represent the main basis for a cooperative federalism in immigration issues. Moreover, the article examines the interactions between Quebec’s claims with regard to immigration and its request for the granting of the distinct society status within Canada. In fact, Quebec’s claims regarding immigration are strictly bounded to the tutelage of its cultural diversity, the recognition of the veto over constitutional amendments and to secession. The article deals with immigration policies as well. By this way, Canada and Quebec tend to integrate into their multicultural society ‘new minorities’, so that the different Canadian ethnic groups may live together. In addition, integration policies must respect Quebec cultural diversity, federalism and the rights and freedoms set out in the Charter. Moreover, the implementation of integration policies represent another issue, over which the federal and the Quebec visions regarding federalism, immigration and respect for minorities clash.
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