Category: law

6 Violence isn’t the answer, unless I’m asking the question

November 26, 2014
by Crommunist
· black history · blog · civil rights · critical thinking · crommunism · history · law · police · politics · race · racism

On Monday, a Missouri Grand Jury decided that when a police officer kills an unarmed young person, no crime has been committed as long as the officer can spin a fanciful tale of The Incredible Nigger Hulk. That officer not only need not be locked up, decided the Grand Jury, but he doesn’t even need to see the inside of a courtroom. He doesn’t need to be cross-examined, his story doesn’t have to be questioned, there need be nothing more than the pathetic ghost of a due process that the people of Ferguson have been told to shut up and wait for.

Predictably, the residents of Ferguson weren’t pleased with the result. Peaceful protest and non-peaceful protest filled the streets, shut down traffic, and in the latter case, destroyed many local businesses and other property. In response to the protests (which have, by the way, been called “riots” in the media from day 1, regardless of the predominantly peaceful nature. Until the cops showed up, at least), a chorus of voices has gone up condemning violence and looting. This would be a defensible position from people on the ground in Ferguson, or people who are leading specific civil rights projects relevant to police brutality – in that case, it’s brand management and promotion. Nothing wrong with that.

The problem, in my eyes, is that the “violence solves nothing” crowd has a broad swath of representation from people with absolutely no connection to the issue. It is the ever-present spectre of respectability politics manifesting itself as a treatise about the merits of violent vs. non-violent protest. It is an excuse to remove one’s self from any sense of responsibility or complicity in the situation that has triggered the violence – “well, I agree that things are bad, but that’s no excuse to be violent!”

In response to this sneer disguised as a moral stand, I sent out a couple of tweets: … Continue Reading

4 Bringing race into it

January 9, 2014
by Crommunist
· blog · law · news · police · race · racism

It is one of those sad and yet iron-clad laws of the internet that if you talk about race long enough, someone will accuse you of being a “race baiter” or “race hustler”. And because the people who say this aren’t terribly creative, you will also soon thereafter be accused of worshipping/fellating Al Sharpton, as though he is the only black person on the planet who discusses race. Perhaps more likely is that he’s the only black person on the planet they can name who isn’t an athlete or artist of some kind. So it goes.

When I have had this lazy accusation thrown my way, I have adopted the practice of asking my interlocutor to actually define what a “race baiter” is, as though I hadn’t heard the phrase before. Most of the time, unused as they are to having to actually think about the things they’re saying, the person will bluster their way through a series of insults and unimaginative aspersions before either quitting, or giving some form of the following definition:

Race-baiter (n.) – a person who inserts racial content into a discussion where race is not relevant for the purposes of winning the argument based on sympathy rather than the merits of their position.

I have, of course, translated the various responses I’ve received over the years into intelligible English for your sake. … Continue Reading

35 Non-Violent Direct Action Anyone Can Do (That Everyone Should)

June 26, 2013
by Crommunist
· #IdleNoMore · blog · Canada · history · Jamie · law · politics

It’s been a while since I last posted (and in fact, even since I last wrote an entry on my personal blog), and this entry is about part of the reason why—and that if you’re reading this, you should take up similar pass times. For anyone who is unfamiliar with the distinction between so-called “peaceful” actions and non-violence, I’d suggest you keep a stopper on that query until a later date, when I will answer that question for you in another piece of writing. In this piece of writing, I am deliberately choosing not to talk about “peaceful” anything; however, I am also not talking about aggressive behaviour or confrontation of any kind, while focusing on a specific form of non-violent direct action. … Continue Reading

12 The threat of blackness

May 30, 2013
by Crommunist
· blog · news · police · race · racism

I was with a few friends watching an episode of a show called Just For Laughs: Gags. It’s something similar to ‘Candid Camera’, where random passers-by are placed in comical situations, caught on hidden camera. The humour of the show is watching people try to react appropriately to an implausible situation: a man’s car is ‘stolen’ after he has asked someone to watch it for him; a woman dressed as a lion tamer runs in fear past some unsuspecting person, pursued closely by a confederate dressed in a lion costume. The payoff of the show comes at the end of each segment, when the unwitting participant is shown the cameras, and everyone has a good laugh.

The recent episode I was watching presented a pair of men dressed as police officers with a WANTED poster of a thief dressed as a clown. They approach the unwitting ‘target’, who has just agreed to hold a garbage bag for a confederate as they go into a store. The police open the bag, find clown garb (including a big red nose and a rainbow wig) inside, and begin interrogating the ‘target’, dressing hir in the attire and remarking on the resemblance. Ignoring the ‘targets’ protestations of innocence, the faux police produce handcuffs and announce that the person is under arrest.

Of course, the police then point out the hidden cameras, and the ‘accused’ people share a relieved laugh with the actors. I turned to one of my friends and remarked “notice how they didn’t show any of the black people laughing”. She shot me a wry smile as we reflected on the fact that being stopped by the police and threatened with arrest for a crime you haven’t committed is no laughing matter when you live in a community where the colour of your skin makes you suspect. Indeed, I would imagine that if I had been one of the ‘targets’ on the show, this kind of thing would be very much at the front of my mind: … Continue Reading

21 Rose DiManno, rape culture ambassador

April 9, 2013
by Crommunist
· blog · crime · critical thinking · feminism · news

I had an MRA show up in the comments yesterday. In between the bluster and the self-aggrandizing and the laughable talking points, he did manage to slip in the kernel of an actual point (I know – nobody was more shocked than I was). He reminded me of the claim that I made a couple of weeks ago about the role that male feminists ought to play:

The task falls to male feminists to learn to identify and advocate these ideas, pulling from our own experiences as the above authors have. Like religion, the entire philosophical edifice of gender needs to be critiqued and pulled apart in order to rob it of the power to hurt us in the many ways it does. Not in exclusion to discussions of how patriarchy hurts women, but in addition to it.

Male feminists have a duty to support our female and gender-queer allies, and to use our male privilege as a method to amplify their voices. Beyond that, however, we also have an opportunity to vocalize, perhaps better than anyone else (and certainly better than MRAs), the ways in which our understandings of gender not only hurt women, but hurt men too. There are a variety of experiences and emotions and ways of living that rigid gender roles make socially unacceptable for men, and a number of unacceptable situations that men are forced into for the simple fact of their (our) gender. There is no valid reason for such prohibition, and therefore no justification for its associated harms.

The specific form of the reminder from the commenter was regarding this story (TW for sexual abuse): … Continue Reading

35 Mere speech

April 3, 2013
by Crommunist
· blog · Canada · free speech · hate · law · LGBT · news

There is a long predigree in liberal public discourse about the dangers of punishing hate speech. The oft-quoted aphorism goes something like “the antidote to hate speech is more speech”*. The basic idea is that in a marketplace of ideas, bad ideas will be forced out by good ones, and thus the solution to hate speech is to marginalize hateful voices by speaking up vigorously in the defense of those who need it. This has been, proponents of this view claim, the way our society has moved overt and hateful racism from the mainstream to the margins: good people decided it was time to push racist voices out of the mainstream, and nobody had to pass a law making it a crime to be racist.

The truth, of course, is far more complicated than that. This account moves the agency of black people to the back of the bus (yeah, I went there) and makes the provisional successes of civil rights groups in eradicating racism the work of the goodwill of the majority rather than the work of organized people who fought against the system. It also ignores the fact that, even to this day, racist language might be gone, but the racism it described has just found more palatable words to convey the same message it always has. Finally, it ignores the role that craven politics and opportunism played in whatever cultural shift has genuinely happened.

That being said, the point remains: it is not necessary to criminalize hate speech to reduce it. The argument then (often) follows that we should therefore not criminalize it, because of some non-specific harm that may come to some white person down the road who will be mistakenly blamed for saying something that hurts a brown person’s feelings. Or something. I have, in recent years, moved away from the “absolute free speech” position I held for many years, and it’s partially because of stories like this: … Continue Reading

8 New Required Reading: The Day I Taught Not to Rape

March 26, 2013
by Crommunist
· blog · crime · culture · feminism · forces of stupid

Part of my revulsion over the phrase “common sense” is because I am aware (acutely, in many cases) of the number of monstrous things that inform the background ideas that we don’t necessarily question. It is, for example, “common sense” that religion makes people more ethical. After all, if you’re aware that you’re being watched by a supernatural being and you don’t want to be punished with hell, if course you’re going to behave better! It’s just common sense! Of course, we know that the truth is quite a bit more complicated than that.

White supremacy was (and continues to be, albeit in more palatable language) a “common sense” position. Homophobia is a “common sense” position. The Iraq war was started because of “common sense” reasoning about being greeted as liberators and a ridiculous abstraction of the world into “axes of evil”. “Common sense” is essentially shorthand for “I don’t want to think this through”. The problem, of course, is that we don’t see the world through a common set of axioms, and we don’t share a common set of life experiences. “Common sense” is how the majority justifies the continuation of the status quo.

In the wake of the Steubenville rape conviction, a number of people have been forced to contend with their “common sense” notion of the definition of rape and the concept of consent. Those who have derided those who point out our rape culture are, all of a sudden, realizing that their “common sense” approach does not comport with law or basic ethics. The following is a story of just such a realization: … Continue Reading

6 Reflections on the Oakville Klan story

February 25, 2013
by Crommunist
· black history · blog · Canada · crime · crommunism · hate · history · law · race · racism

I want to follow up this morning’s post with a couple of things that were sitting in the back of my mind as I was reading.

Canada’s polite racism, and the ‘tone’ crowd

One of the defining features of racism in Canada is that it usually comes disguised in very neutral, inoffensive language. Canada’s myth of its own “non-racist” status owes dearly to the fact that for the most part, outright racial hostility was much less common here than in the United States. This is not in any way to say that racism didn’t exist (as this book more or less conclusively proves), but rather that we found euphemistic ways to express violent thoughts without having to use the appropriately violent words, for fear of shocking our delicate consciousnesses.

While it’s not a perfect analogy, I couldn’t help but think of the endless admonishments that people press into service about the importance of “tone” in social justice movements. While tone has a role to play in persuasiveness, the argument about tone often manifests itself as a proxy for righteousness. In the nagging tones of faux-concern, people often chastise participants in social justice conversations for “demonizing” or otherwise offending members of the majority group. “Tone” is used as a way of dismissing the disempowered as being “too angry” or “divisive”, rather than recognizing that whatever anger there is is entirely justified, and the divisions pre-extant. … Continue Reading

12 Black History Month: The KKK in Oakville, Ontario

February 25, 2013
by Crommunist
· black history · blog · Canada · hate · history · law · politics · race · racism

This year for Black History Month I will be examining Colour-Coded: A Legal History of Racism in Canada, 1900-1950 by Constance Backhouse. Please read the preamble post if you haven’t already. Part 1 of this series is here. Part 2 is here, and a follow-up can be found here. Part 3 can be read here. Read Part 4 here, and its follow-up here.

On the night of February 28th, 1930, Ira Johnson and Isabel Jones were awoken by a cadre of about 75 members of the Ku Klux Klan. The Klansmen told Jones to exit the house, whereupon she was taken to the Salvation Army house (her place of work) and reunited with her parents. Johson was taken outside, and warned that if he were ever found in the company of Ms. Jones or any other white woman, there would be consequences. As was their modus operandi, this ‘warning’ was conducted under the light of a burning cross on Johnson’s front lawn.

The chief of police, having been located and summoned, arrived in time to observe the throng of men gathered on Johnson’s lawn. To what I’m sure was Johnson’s great consternation, the chief, recognizing the men as members of high standing from the nearby city of Hamilton, declared that no crime had been committed, and that everyone was free to leave. The newspapers, reporting on this late-night accosting, remarked on the Klan’s orderly conduct, and opined that while their tactics may have been a bit dramatic, their intention to dissuade miscegeny was surely laudable and appropriate. Indeed, this line from the Globe on March 3rd, was particularly telling about the prevailing attitudes of white Canadians: … Continue Reading

7 Black History Month: Yee Clun and the White Women’s Labour Law

February 21, 2013
by Crommunist
· black history · blog · Canada · feminism · gender · history · law · race · racism

This year for Black History Month I will be examining Colour-Coded: A Legal History of Racism in Canada, 1900-1950 by Constance Backhouse. Please read the preamble post if you haven’t already. Part 1 of this series is here. Part 2 is here, and a follow-up can be found here. Part 3 can be read here.

Regina is the capital city of the province of Saskatchewan, with a present-day population of nearly 200,000 people, nearly 2% (or around 3300) of whom identify as having Chinese ancestry. As Saskatchewan contends with a resource-sector boom and an economic renaissance, it is highly likely that the prospect of decent wages and the opportunity to build a family will attract a larger number of immigrants, Chinese immigrants among them, to Regina’s… I was going to say ‘shores’ there.

Regina in 1921 had a much smaller Chinese population – ~250 individuals in an overall population of over 34,000 (0.7%). This was hardly mere happenstance – Canada at the time had extremely and overtly racist immigration and migration policies that specifically limited Chinese people (almost exclusively men, for purposes of manual labour) from entering Canada, and further limited their movement once they were here. Many of the Chinese men living in Regina had moved east from British Columbia, perhaps hoping to find respite from the even-more-racist laws governing where and how Chinese people were allowed to live and work*.

Unabashed anti-Chinese racism was no stranger to Regina, if the excerpts that Backhouse quotes from periodicals from the time are any evidence. Perhaps the most stark example of the prevailing attitude towards Chinese Reginans took the form of a law called An Act to Prevent the Employment of Female Labour in Certain Capacities or, more colloquially, the White Women’s Labour Law. From the text of the law: … Continue Reading

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