Papers by Emmanuelle Richez
Federalism-E, 1969
This article looks at failed attempts at granting aboriginal communities sovereignty, from an ins... more This article looks at failed attempts at granting aboriginal communities sovereignty, from an institutional perspective. The author suggests that such failures are due to a combination of factors: the legal status of the First Nations; the federal fiscal and political system; and, the aboriginal communities’ own lack of legitimacy and independence.
Presses de l'Université Laval eBooks, Nov 30, 2022
Dilemmas of Free Expression, 2021
The dataset comprises questions that were inquired orally at the House of Commons of Canada durin... more The dataset comprises questions that were inquired orally at the House of Commons of Canada during Question Period from December of 2011 to November of 2013. The dataset should be used in conjunction with "House of Commons Oral Questions – Codebook" to code for the following: 1) the speaker to be the inquirer or the respondent, 2) the political caucus affiliated to the speaker, 3) the section of the question period, 4) the topic of the transcript, 5) the mention of Idle No More movement, and 6) the timeline of the transcript using the Idle No More movement as the referent point.
Canadian Journal of Political Science, 2018
This article analyzes an important discretionary power of the Supreme Court of Canada, the abilit... more This article analyzes an important discretionary power of the Supreme Court of Canada, the ability to award costs. With the use of an original data set, we explore trends in costs awarding in public interest litigation at the Supreme Court from 1970 to 2012. Our findings suggest that, over time, the Court has tended to favour nongovernment parties over government parties where the former are less likely to pay costs when they lose and more likely to receive costs when they win. In these cases, costs orders were more likely to benefit public interest litigants, such as nongovernmental organizations, than individual litigants and businesses. Together, these findings suggest a sensitivity to access to justice concerns when making costs orders, though some may argue that this sensitivity by the Court does not extend far enough.
Osgoode Hall Law Journal, 2015
This article asks whether Quebec has lost relevance in the constitutional politics of language. I... more This article asks whether Quebec has lost relevance in the constitutional politics of language. It proposes a doctrinal analysis of the Supreme Court's Charter jurisprudence, with an emphasis on the most recent body of case law, and an assessment of its political consequences in the area of language policy in Quebec. The article argues that constitutional review has increasingly protected individual rights over Quebec's collective right to maintain its language and culture. This can be explained by the move towards an implacable parallel constitutionalism and a redefinition of official minority linguistic rights in the jurisprudence, as well as by the exhaustion of Quebec's legislative counterattacks to court rulings. The article concludes that Quebec is no longer driving concepts of Canadian citizenship. Undifferentiated rather than multinational citizenship appears to be the direction in which Charter language jurisprudence is taking Canada.
In their attempts to obtain differential treatment under the law, Aboriginal peoples are increasi... more In their attempts to obtain differential treatment under the law, Aboriginal peoples are increasingly choosing rights-based judicial review as a promising alternative to political negotiations. However, it remains to be seen to what extent, and under what conditions, rights-based judicial review will live up to the expectations Aboriginal people have vested in choosing this route. In order to measure the effectiveness of rights-based judicial review for Aboriginal peoples, this article proposes to study Canadian case law. More specifically, it reviews the constitutional jurisprudence of the Supreme Court of Canada pertaining to five key Aboriginal rights issues: fishing and hunting rights, institutional representation, welfare policies, land rights and self-government. It also considers how this jurisprudence was received and applied by governmental authorities. The article reveals that the constitutional recognition of specific Aboriginal rights, which go beyond fundamental political and civil rights brings about positive political change for Canada's Aboriginal communities, even though these rights have been given a narrow interpretation. However, in this climate of positive political change, the inability for Aboriginal peoples to obtain self-government through judicial review emerges as a clear problem. The article comes to the conclusion that institutional nation-building objectives may limit judicial review's potential for recognising a deep level of substantive equality for Aboriginal peoples.
Canadian Journal of Political Science, 2010
Embassy. We thank the respondents to our survey and the CJPS reviewers for their helpful comments.
Information, Communication & Society, 2017
Social media have been playing a growingly important role in grassroots protest over the last fiv... more Social media have been playing a growingly important role in grassroots protest over the last five years. While many scholars have explored dynamics of political cyberprotest (e.g., the ongoing transnational Occupy movement, the 2012 Quebec student strike, the student-led protest movement in Chile between 2011 and 2013), few have studied sub-dynamics relating to ethno-cultural minorities' uses of social media to gain visibility, mobilize support, and engage in political and civil action. We fill part of this gap in the academic literature by investigating uses of Twitter for political engagement in the context of the Canada-based Idle No More movement (INM). This ongoing protest initiative, which emerged in December 2012, seeks to mobilize Indigenous Peoples in Canada and internationally as well as their non-Indigenous allies. It does so by bringing attention to their culture, struggles, and identities as well as advocating for changes in policy areas relating to the environment, governance, and socioeconomic matters. Our study explores to what extent references to aspects of Indigenous identities and culture shaped INM-related tweeting and, by extension, activism during the summer of 2013. We conducted a quantitative and qualitative content analysis of 1650 #IdleNoMore tweets shared by supporters of this movement between 3 July 2013 and 2 August 2013. Our study demonstrates that unlike other social media-intensive movements where economic and political concerns were the primary drivers of political and civil engagement, aspects of Indigenous culture influenced information flows and mobilization among #IdleNoMore tweeters.
Migration, Regionalization, Citizenship, 2014
Cette communication s’interesse a l’impact qu’a eu la Charte canadienne des droits et libertes su... more Cette communication s’interesse a l’impact qu’a eu la Charte canadienne des droits et libertes sur la citoyennete canadienne. Ici, le concept de citoyennete est compris au sens large comme comprenant quatre dimensions: statut legal, acces a des droits, implication dans une activite politique et un sens d’identite et solidarite partage avec d’autres. Afin de mesurer l’impact de la Charte sur ses quatre dimensions de la citoyennete, la communication analyse quatre jugements recents de la Cour supreme du Canada: Lavoie c. Canada (2002), Sauve c. Canada (2002), Chaoulli c. Quebec (2005) et Nguyen c. Quebec (2009). Finalement, la communication suggere que la jurisprudence basee sur la Charte a fait la promotion d’un modele de citoyennete liberale, contrairement a celle des modeles communautarien et republicain.
Canadian Public Administration-administration Publique Du Canada, 2021
On June 9 2005, the Supreme Court of Canada rendered its judgment in Chaoulli v. Quebec. At issue... more On June 9 2005, the Supreme Court of Canada rendered its judgment in Chaoulli v. Quebec. At issue was the validity of section 15 of the Quebec Health Insurance Act and section 11 of the Hospital Insurance Act, which prohibited private insurers from covering publicly-funded services. In a four to three decision, the Court held that sections 15 and 11 violated Québec’s Charter of Human Rights and Freedoms (1976) (the “Québec Charter”). Three justices, including Chief Justice McLachlin, went even further and held that the law violated the Canadian Charter of Rights and Freedoms (1982) (the “Charter”). According to the Chief Justice, “*a+ccess to a waiting list is not access to health care... [Therefore,] prohibiting health insurance that would permit ordinary Canadians to access health care, in circumstances where the government is failing to deliver health care in a reasonable manner, thereby increasing the risk of complications and death, interferes with life and security of the pers...
This chapter employs the concept of ‘consequentialist’ multinational federalism as a means to ass... more This chapter employs the concept of ‘consequentialist’ multinational federalism as a means to assess the current state of federal, provincial and territorial measures to protect Indigenous languages in Canada. In arriving at its assessment, this chapter first explores past practices aimed at assimilating Indigenous Peoples and recent calls for action in Indigenous language matters, and, in so doing, provides the contextual backdrop for this chapter’s discussion. Second, the chapter provides a summary of the breadth and limitations of existing Indigenous language rights protections at the federal, provincial and territorial, and treaty, levels. Third, and following from the previous point, the chapter offers preliminary insight into what ‘symbolic’, and more importantly, ‘consequentialist’ multinational solutions might look like in response to calls for action in Indigenous language matters and in redressing the limitations of existing federal, territorial and provincial Indigenous l...
This dissertation evaluates the impact of the Canadian Charter of Rights and Freedoms (1982) juri... more This dissertation evaluates the impact of the Canadian Charter of Rights and Freedoms (1982) jurisprudence on Canada's cultural rights structure and cultural citizenship. In total, the dissertation analyzes 49 Supreme Court Charter decisions in the areas of minority language, multiculturalism and aboriginal issues, as well as their reception by governmental authorities. It argues that Charter-based judicial review has confirmed and pushed further the choice Canada made after the Second World War to promote a polyethnic citizenship. The dissertation also formulates three larger theoretical claims. First, that the recognition of specific cultural rights for certain groups that go beyond fundamental political and civil rights brings about positive legal change for minorities. This has especially been the case for the Anglophone minority inside Quebec and the Francophone minority outside Quebec, as well as for aboriginal communities across Canada. Secondly, that constitutionally ent...
Peuples autochtones et politique au Québec et au Canada
Social Media + Society
While many scholars have studied collective action with a strong social media component led by ma... more While many scholars have studied collective action with a strong social media component led by marginalized groups, few have unpacked how this form of political engagement captures the attention of established political elites and, in some cases, influences the mainstream political narrative and policy outcomes. Fewer have focused on the political impact of social media-intensive Indigenous protest movements. This article addresses these gaps in the academic literature. It does so by examining the online and offline impact of the Indigenous-led Idle No More movement at the federal level in Canada. To evaluate the movement’s effects on the public political narrative on Indigenous-related issues, this article reviews the content of the House of Commons Question Period before and after the emergence of the movement in December 2012. To measure Idle No More’s impact on policy outcomes, this article compares federal budgets and the volume of policy proposals pertaining to Indigenous Affa...
Terminal
Pratiques de mobilisation, changements socio-politiques et transformations identitaires
Uploads
Papers by Emmanuelle Richez