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collectively, are still placed on the lowest rungs of the social, economic, political and cultural
ladder, bears witness to the sustained force of discrimination as a major factor in the structure of
Canadian society.
70.
In this context, the Special Rapporteur has identified three major issues, which not only
explain the persistence of discrimination and racism but also constitute a source of blockages,
constraints and delays for the continued progress of multiculturalism: these are the recognition
of the reality of racism and discrimination, the successes and failures of the legal and political
strategy, and the lack of any intellectual and ethical strategy.
A. The question of the recognition of racial discrimination
71.
A basic precondition for any credible effort to combat racial discrimination is the
objective recognition that it really exists. For the Special Rapporteur, such recognition
constitutes a decisive criterion in assessing a government’s determination to succeed and in
arriving at an objective evaluation of its policy. According to this yardstick, the results are
mixed. At federal level, the representatives of the various departments showed a certain
reluctance, if not actual hesitation, when it came to admitting the reality of racial discrimination
in Canadian society. This hesitation is all the more paradoxical if one considers that the very
same officials, very competently and sincerely, gave the Special Rapporteur a detailed account of
all the policies and measures their departments were taking to combat racial discrimination and
xenophobia. The recognition of the reality of discrimination appeared on the other hand more
direct and spontaneous on the part of the political, administrative, judicial and law enforcement
authorities in the provinces.
72.
The representatives of ethnic and racial minorities whom the Special Rapporteur had
occasion to meet, from all the communities, gave oral testimonies full of emotion and expressed
their conviction, backed by studies and documents, that, despite the adoption of multiculturalism
as official policy, racial discrimination in Canada is still a tangible, subtle and systemic reality.
In their view, it expresses itself in a variety of ways: in the poverty afflicting members of their
communities; in their overrepresentation in the prison population; in the widespread daily
practice of racial profiling; in their underrepresentation in the middle and upper layers of
political, administrative, economic, cultural and media institutions and mechanisms, and in the
obstacles that impede their access to employment, housing and health care. Nowadays, the new,
particularly vulnerable victims of discrimination are the immigrants, non-nationals and refugees.
B. Progress and limitations of political and legal strategy
against racial discrimination
73.
Compared with other countries in North America, particularly those bearing a heavy
legacy of discrimination and possessing a similar demographic and cultural structure, Canada has
undoubtedly achieved remarkable progress in its legal and political strategy for combating racial
discrimination. The constitutional, legal and legislative framework established by successive
governments provides a solid legal basis and the expression of a clear political will to fight racial
discrimination and to offer remedies to its victims. This legal and political strategy, however,
does reveal a number of shortcomings, to which the Special Rapporteur feels he should draw the
Canadian Government’s attention. One significant limitation of the strategy is the insufficiency
or lack of resources available for any realistic implementation of the strategy.