The affirmative action acknowledges the historical and the systematic discrimination witnessed in processes of hiring practices as a means put in place to eradicate and control the oppression. The affirmative action in Canada has been pivotal in the effective creation of safer and more equitable societies throughout the country. It ends all forms of oppression, as the affirmative action programs are beneficial at the encouragement of the pro-active initiatives. The responses made by the international human rights have needed the restoration and the compensation of the distinctive rights and measures constituted in the affirmative action. Previously these measures were born in the effort to find solutions of the ethnic clashes. To a significant extent, the social contract, which exists between the Canadians and the Aboriginal, is uncertain. There is a limitation of the traditional methods used for conflict resolution meant for the treaty interpretations and negotiations (McKay 27). These include the demographic changes between the period when majority of the treaties were reconstituted and the present day conditions. This fact places the Aboriginal Canadians in an inflexible position of having to surrender their top priority to the maintenance of the original agreements to avoid the risks of victimization. The aboriginal treaties made, had the international legal personalities; therefore, there is little that can be done for the replacement or abandonment of the original document.
The Empirical Basis of the Rights of the Minority
It is commonly observed that the political representatives are drawn by the elite of the society. The representatives chose to use the fair and democratic elections; it is often perceived that there is under representation of the legislative assemblies. For instance, there is underrepresentation of women, ethnic minorities and the poor less educated individuals (Hull, 1979). This is true for the national representation in Canada; therefore, making the parliament unrepresentative of the different groups, referred to as a concept of descriptive and the demographic representation. The parliament should mirror the population in which it is set. There are several concerns that the parliament legislation is not demographically a representative of the diverse classes of citizens. It is worth noting that all groups of people need to have their own numbers in the representative body for better understanding of their feelings and opinions.
For the last ten years, there has been a growing concern within the democratic societies of the facial composition of the representative assemblies (Hughes 62). Therefore, it has been increasingly vital for parties and representatives to ensure that the minorities in the society are included to the broader legislation of the society. For example, where the women and minorities are absent from the electorates groups, the parties will be allowed to proceed with their selection, which is one of the main reasons for the ethnic minority misrepresentation in Canada. Majorly of the candidates’ selection parties allow for the participation of the non-citizen residents. Furthermore, the selection process amongst the Canadian parties tend to be increasingly democratic and responsive to the grassroots of the party memberships. This peculiar action amongst the selection process of candidates amongst the Canadian parties tends to be highly responsive to the grass roots of the party memberships. The Canadian parties with the candidates that were chosen by the votes from all the party members have led to the mass recruitment of ethnic minorities as instant party members that practically facilitated with the concentration of the ethnic communities with extension of the social networks. This practice has resulted in the increase in manipulation of the ethnic minorities by the political leaders and the ethnic power brokers. However, there is openness in the candidate selection process allows to make significant input for the ethnic minorities, who are not willing to be used as brokers by the party leaders.
Achievement of the Pluralistic Democracy in Canada
The recognition of the presence of the ethnical minority rights in Canada implies that the institution of both the pluralistic and the democracy based on the majority population. To achieve this effectively, it is essential to create compelling will and approach, which could be adopted as a negotiation process (Appelt 28). With the existence of a history of the social, political and the legal evolution of the situation that is affecting the minority group in Canada, there is a strong legal evidence and support for the integration of the Canadian people as part of the multinationals under the guidance and jurisdictions of the Canadian Constitution. However, this does not apply to the legal juncture where it directly ignores the interrelationship between the Canadian constitutional laws and the international laws. The introduction of the international human rights laws, as one of the criterion revolving around the minority human rights, offers the potential for signaling of new beginnings and the willingness of the government to learn from their previous mistakes. This will enable the establishment of an equal status for the basis of equal negotiation status as it has the potential of the provision of the neutral concepts and the neutral negotiation frame work and the neutrality of the third party binding agreements.
The human rights law has an effect when it comes to the dealing with these types of the minority problems. This can be applicable to create instrumentality within the institutions that could lead to functional distinction between the interests of minority groups and the majority groups that could aid the settling of the needs of both the minorities and majority. This, in turn, lessens the prospects of the increase in conflicts. In addition, this event increases the chances of the multinational political and the national development of equal opportunities within the structures of a single state. This could be achieved through the promotion of the institutions that addresses the exploitation of minorities and domination encouraging the operations of the natural laws towards the enhancement of the multicultural unity through the implementation of human rights. However, the human rights laws can also provide a framework for the solutions of the feasible framework for the solving of the problems of the minority (Cohen, 43).
The bottom line for the solution is the mutual acceptance of the differences and equality in the mutual acceptance of the inherent differences and the equal status of the existing ethnicities. The absence of these attributes means that there is continued oppression and the retaliation. This leads to the difficulties in conflict managing and independence existing. From the historical perspective, majority of the ethnic groups have often hoped for the voluntary acceptance by the proportion of the national minority of its denomination with the existence of the righteous delusion.
The Right to be Different
The rights of minorities to be different and equal to the majorities with sufficient self-determination needed for the purpose of development require paramount social-political and restructuring process in Canada. However, in order to achieve this, the following assumptions have to be taken into consideration:1. Canada is a state with multinational interrelationships among Francophones and Anglophones, who were the first national population. They are referred to the founding nations. This explains why Canada is regarded as a multinational state.
2.The past negotiations in terms of the treaties and agreements have not resulted in the situation where the Francophones and the Anglophones have had the attempts of creation of equal status within Canada.
The rights to be different would permit the minorities to be sufficiently developed so as to be in a position to participate actively in fair competition with the majority who have control over the national resources and the intellectual and spiritual developments (Raskin, 48). The rights of the minority suggest equal development that was proclaimed in a positive manner, rather than the paternalistic dependency relationships. Due to the domination of governments and the state institutions by the majority, there are contraindications that have evolved to the situations of systemic discriminations.
The affirmative action acknowledges the historical and the systematic discrimination witnessed in processes of hiring practices as a means put in place to eradicate and control the oppression. Furthermore, it is commonly observed that the political representatives are drawn from the elite of the society. The representatives are chosen using the fair and democratic elections and it is often perceived under representation of the legislative assemblies. This peculiar action among the selection process of Canadian parties’ candidates tends to be highly responsive to the requirements of the party memberships. With the existence of a history of the social, political and the legal evolution of the situation that is affecting the minority group in Canada, there is a strong legal evidence and support for the integration of the Canadian people as part of the multinationals under the guidance and jurisdictions of the Canadian constitution.