Tuesday 11 October 2011

The secret of success

"It is easy for high-achievers in demanding professions to find fault with themselves and seek confirmation of their  self-worth from others and in their accomplishments. Follow that route, however, and you'll be easily derailed by setbacks. Real success, and the foundation for strong leadership is rooted in a deep-seated sense of personal power.
That's why the path to real power starts from the inside.
Beverley Spencer, Editor National

Hate speech is discrimination

LEAF intervening at SCC in Whatcott v. Saskatchewan

Prohibiting Religious Hate Speech is Constitutional.
Hate speech is more than mere expression. It is a form of discrimination.
 

October 11, 2011, Toronto - On Wednesday October 12, 2011, the Supreme Court of Canada will hear Whatcott v. Saskatchewan. LEAF is intervening in the appeal. The case involves a constitutional challenge to s.14(1)(b) of the Saskatchewan Human Rights Code, which prohibits the promotion of hatred against protected and vulnerable groups.
 
"Hate speech is a deeply harmful form of discrimination which not only harms the targeted group, it harms all of society" explains LEAF co-counsel Jo-Ann Kolmes. "Limits on hate speech against targeted groups, like gays and lesbians in this case, play a critical role in promoting an inclusive and tolerant Canadian society that respects equality of all our citizens."

Whatcott distributed homophobic leaflets to homes in Regina and Saskatoon. The Saskatchewan Human Rights Tribunal and the Saskatchewan Court of Queen's Bench held that these flyers constituted hate speech. The Saskatchewan Court of Appeal held that although the flyers may be "demeaning," "crude" and "harsh," they did not cross the line into expression which vilifies and degrades gays and lesbians and exposes them to hatred. The Supreme Court of Canada will consider whether the flyers constitute hate expression and whether the provision of the Code is constitutional.

"Twenty years ago, LEAF participated in the important and successful effort to establish that limitations to hate speech are constitutionally justified, culminating in the Supreme Court's decisions in the Keegstra and Taylor cases", says LEAF co-counsel and professor of law Kathleen Mahoney. "These limitations are now under attack, only this time, instead of Jews, the target of the hatred is gays and lesbians. LEAF argues that speech rights raised by Whatcott must be subject to the same equality principles Courts have applied to racial hatred. The Court cannot ignore the grievous injuries homophobic hate speech inflicts on sexual minorities."

Mahoney points out that society has long recognized that expression must be regulated in many ways, most of them invisible and now taken for granted.
 
"Journalists are prevented on a daily basis from reporting what could be relevant information by libel and contempt of court laws. Government servants are bound by oaths of lifelong secrecy. The Broadcasting Act sets limits on the content of programming on television and radio. The centuries-old law of defamation clearly limits harmful speech. Human rights statutes prohibit sexual and racial harassment, which often take the form of speech." Mahoney says the regulation of hate speech must be understood in this context, "Hate speech is much more than mere expression. In and of itself it is a form of discrimination. Sometimes it goes beyond discrimination to result in violence. The continuum between expression, discrimination and violence is undeniable."
 
LEAF's factum documents the unique ways in which women are harmed by hate speech.
 
"The portrayal of Aboriginal women as dispensable, run-away prostitutes or 'squaws' has been connected to violence against Aboriginal women, including disappearances and murders," says LEAF Legal Director Joanna Birenbaum. "Hate expression targeted at lesbians, women with disabilities, Muslim and racialized women, depicts and degrades them in specifically gendered, often-sexualized ways. Expressions of hate directed at women must be treated extremely seriously under human rights legislation such as the Saskatchewan statute, especially since women are excluded from the Criminal Code protections."

LEAF has a long history of equality analysis and advocacy with respect to the importance of statutory limitations on freedom of expression. LEAF intervened in the Supreme Court of Canada cases of R. v. Keegstra and Taylor v. The Canadian Human Rights Commission in 1990. In December 2009, LEAF made submissions to government on the importance of s.13 of the Canadian Human Rights Act that also prohibits hate speech (which can be found on our website at
http://leaf.ca/wordpress/wp-content/uploads/2011/09/Submission_to_JUST_Committee2009.pdf)
 
LEAF's factum in Whatcott v. Saskatchewan is available at http://leaf.ca/wordpress/wp-content/uploads/2011/09/Factum_LEAF_Whatcott_Finale_Signed-copy.pdf


-30-
For more information, please contact:

Joanna Birenbaum
 (LEAF Legal Director)
 (Cell) 647-500-3005 - (Office) 416-595-7170 ext. 223 - (E-mail) j.birenbaum@leaf.ca
 
Kathleen Mahoney
 (Counsel)
(Cell) 403-837-1141
 
Jo-Ann Kolmes
(Counsel)
(Cell) 780-993-0839


LEAF is a national, non profit organization committed to confront all forms of discrimination through legal action, public education, and law reform to achieve equality for women and girls under the Charter of Rights and Freedoms. For more information, please visit us at http://www.leaf.ca/

Friday 7 October 2011

Family Violence a Serious Mental Health Problem

Domestic violence is seen as a women's issue and as such not given the importance it deserves just like everything else that concerns women.
In this article, the leaders of Topeka Kansas, short of cash, is ready to ditch family violence "misdemeanours" as it is called. This could be just the tip of the iceberg for women.  When the going tough whose concerns are ditched?  You guessed it women. Be prepared to fight for women's rights anywhere you are in the globe.


http://motherjones.com/mojo/2011/10/topeka-legalize-domestic-violence?

Tuesday 4 October 2011

Multiculturalism and Diversity in Canada

C
ANADIAN APPROACHES TO DIVERSITY NATURALLY REFLECT CANADIAN REALITIES. THE
starting point is that Canada is one of the most multicultural countries in the
world. Among OECD countries, it is virtually unique in the coexistence of three
dimensions of difference: the historic divide between English- and French-speaking
communities, which represents the central reality of Canadian political life; the
presence across the country of indigenous peoples, many of whom assert traditional
claims to self-governance; and large immigrant communities, with over 18
percent of the people living in Canada having been born outside the country.
Moreover, in contrast to some host countries whose immigrants come predominantly
from one part of the world, creating a relatively homogeneous “Other,”
Keith Banting, Thomas J. Courchene
and F. Leslie Seidle
648
Belonging? Diversity, Recognition and
Shared Citizenship in Canada
26 Conclusion 9/18/07 9:50 AM Page 648
immigrants to Canada have come from many different parts of the world, creating
a “diverse diversity” composed of a wide range of ethnicities, races and religions.
Canadian approaches to diversity are also shaped by the country’s larger
geopolitical position and the traditional nation-building strategies on which it has
relied since 1867. Immigration was a key ingredient in Canada’s first National
Policy, which settled the West and secured Canada’s territory from “sea to shining
sea.” From the very beginning, therefore, immigration has been central to our
existence — geographically, economically and politically. Immigrants are us. In
addition, geography insulates the country from some of the pressures of the twenty-
first century. Buffered on three of its borders by oceans and on its southern
border by the United States, itself an immigrant destination, Canada has not had
to cope with high levels of illegal immigration. We are, as a result, less prone to
concerns that immigration policy is “out of control,” a fear that has contributed
to the politics of backlash in some other countries. The buffering effects are not
absolute, to be sure. Anxieties about a “clash of civilizations” and about Muslim
extremism have washed over our borders, contributing to a heightened security
agenda and tensions with the United States over border management. However,
Canada has been fortunate: Islamic radicalism is a small element in the Muslim
community here, and Canadian foreign policy, especially the decision not to join
the Iraq war, has eased the heightened tensions existing in some countries.
These multiple forms of diversity and historic geopolitical strategies have
informed the ways in which Canadians think about both recognition and integration.
Recognition of Diversity
The recognition and accommodation of diversity have been central features of
Canadian political history, and contemporary debates over multiculturalism are simply
the continuation of an ongoing Canadian conversation. This tradition is grounded
in historic commitments to French Canada and to the Aboriginal peoples, who
both see themselves — and are increasingly seen by others — as distinct societies or
“nations” within the Canadian state. These accommodations framed the cultural context
in which Canada responded to new forms of diversity resulting from immigration
during the nineteenth and twentieth centuries. Indeed, as Stuart Soroka and his colleagues
observe in their chapter, the “thinner” sense of Canadian culture resulting
from accommodations among the historic communities “may actually have benefits
in a multicultural era, making it easier for new Canadians to feel comfortable here.”... Read more
Conclusion: Diversity, Belonging
and
http://www.irpp.org/books/archive/AOTS3/conclusion.pdf