The Concept of Collective Rights in Quebec

Abstract

Aspects of Quebec's political and legal system that have been characterized in terms of "collective rights" often rely upon a mischaracterization of that concept, especially in terms of strict definitions of that concept. One result of that mischaracterization is the tendency to perceive the relationship between Quebec and Canada in terms of a conflict between individual and collective rights claims, particularly in relation to language. Those perceptions have resulted in a tendency to identify Quebec as non-liberal and anti-individualist. However, understanding the distinction between group interests (which all liberal societies seek to manage and promote), claims to sovereignty, and a meaningful definition of rights and liberties may reveal a Quebec that is much more liberal and individualist than popular claims and misplaced judicial semantics might, otherwise, indicate.