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Category: law

34 Racism in Canada: the myth and the reality

  • January 11, 2012
  • by Crommunist
  • · blog · Canada · crime · forces of stupid · law · police · race · racism

One of the things I find particularly irksome about the stereotype that Canadians have about themselves (ourselves) is that we are a fundamentally “nice” people – so nice, in fact, that we don’t really have a problem with racism. It is the case that Canada’s history of racism is not as obvious as it is in, say, the United States. We do not have the descendants of slaves making up a significant portion of our population, and have managed to keep our national racist shame out of the headlines for the most part (at least until quite recently).

As a result, Canadians have managed to convince ourselves that racism is some else’s problem – that Canada is a bastion of inclusion and a safe haven for all people. Or if not so extreme as that, we at least believe that, deep down, racism isn’t that big of a deal here. The reason this is particularly frustrating for me is that, as someone who discusses race and race issues, I find myself having to run uphill to simply get someone to acknowledge that racism can exist here. Once that’s done, then comes the harder battle of convincing them that they have a role to play in addressing it.

Like any national myth – American exceptionalism, British imperialism, French superiority – the myth of Canadian racial benevolence is quickly shattered by even a cursory glance at the evidence: … Continue Reading

6 De facto racism: poison-tipped bullets

  • January 2, 2012
  • by Crommunist
  • · blog · crime · critical thinking · crommunism · law · race · racism

I’m back from vacation, and will resume my regular blogging routine. My thanks to those of you who stuck it through the past couple of weeks. Happy New Year!

I consider myself lucky for a long list of reasons, but certainly chief among them is the truly impressive friends that I have amassed over the years. It’s often difficult (perhaps impossible) to engage in any kind of self-assessment that isn’t wildly coloured by self-serving biases, despite our best attempts to overcome them. I take no small amount of comfort, therefore, in making self-evaluations by proxy through my close friends. I admire and deeply respect these people, and the fact that they seem to actually enjoy my company (or at least do an excellent job of pretending to do so) leads me to suspect that I must be doing things at least halfway right.

One such friend is a young woman I met while studying at Queen’s. Kelly (not her real name) and I met while I was working at a bar in Kingston. She is a fiercely intelligent person who is very knowledgable about matters philosophical as well as legal (she’s now a law student at Queen’s with an undergrad in philosophy). I was able to meet up with her during my vacation in Toronto to catch up. We got to talking about her experiences working at a legal clinic in Kingston, and defending her first actual client as ‘first chair’ of the legal team. She was understandably excited that she was able to steer her client away from undeserved jail time (a sad story involving drugs, a negligent mother and overzealous police officers).

One of the legal maneuvers she was able to exploit in her client’s defense is a process called ‘diversion‘ – basically it is a way of having ostensibly guilty first-time offenders perform community service and restitution in lieu of jail time. From her description of the way it works, it requires agreement from the prosecutor (which is often not that difficult to obtain) that the defendant is essentially ‘a good guy’ who can make recompense and slide through without going to prison. Now, I have a notoriously bad poker face, so she immediately knew about my knee-jerk misgivings when it came to a program like this. After all, who could object to a program that includes the exercise of judicial restraint and principles of justice? … Continue Reading

4 …and sometimes it’s not

  • December 13, 2011
  • by Crommunist
  • · blog · Canada · crapitalism · crime · forces of stupid · law · news · politics

Well THAT didn’t last long. My good mood from this morning has officially worn off. How could this have happened so quickly, you ask? Easy: because the people in charge are still unethical, scheming morons who legislate like cavemen and behave like schoolyard bullies.

Lethbridge MP makes shootout gesture during vote

A Conservative MP who made gunshot gestures as he voted to kill the long-gun registry last month says he meant no offence. A clip of Jim Hillyer miming a two-gun shoot-out as he voted was posted on YouTube on Tuesday, which was the anniversary of the Montreal massacre. Hillyer says if people were offended they should blame whoever posted the six-week-old video on the anniversary.

(snip)

“No offence was intended. No one who sincerely looks at the video and the timing of the video would think for a second that I intended offence towards victims of violence. “The people who caused the association, the offence, are the people who connected the video at the wrong day. That is terrible.” … Continue Reading

5 Sometimes it’s a good day

  • December 13, 2011
  • by Crommunist
  • · blog · Canada · First Nations · good news · LGBT · liberalism · police · politics · religion

If there’s anyone in the Canadian political system who’s reading this and wants to make me an extremely happy guy, it’s really not that difficult. I’m a simple man who enjoys the finer things in life – a nice meal, a pint of good beer, a productive day at work, time spent with close friends… it doesn’t take a lot. What puts me over the moon is when politicians legislate like liberals and act like grown-ups.

Liberal ideas – promoting equality and long-term progress through evidence-based policy – are ideas that I can support. For reasons that surpass understanding, it is rare to see someone get tough with liberal ideas. Not tough in a macho, bullying kind of way, but tough in a “I believe in this, and am willing to fight for it” sort of way. Too often, perfectly defensible liberal ideas get bulldozed by threats of political ramifications or hurt feelings. However, there are rare moments when the planets align and politicians get tough on things I agree with, and those days make me happy.

Today is a very good day. … Continue Reading

10 Vox populi, pox dei

  • November 30, 2011
  • by Crommunist
  • · blog · Canada · Catholic church · law · news · politics · religion

Which, in my pidgin Latin, translates into “the voice of the people is the pox of god”.

One of the weird, seemingly counterintuitive things about Canada is that despite having no official segregation of church and state in our Charter, religion is more or less absent from the larger issues our government deals with. We don’t have national fights about crosses at memorials or references to God in our national anthem. References to a deity are more or less absent from our various Throne Speeches (commonwealth readers will understand this phrase – Yankees should think of the State of the Union), and doesn’t play a major role in our elections except in the most bizarre ways.

Which is why when a high-ranking federal minister appears in an article about the Vatican, it’s always an interesting story: … Continue Reading

23 To deceive and project

  • November 29, 2011
  • by Crommunist
  • · blog · Canada · crime · law · news · police

I spotted a pretty clever tweet a few weeks ago that went something like: “Police are beating you for slight or nonexistent legal transgressions? Wow… shocking!” – Black people. The joke being, of course, that the kind of ham-fisted tactics that police are turning against peaceful protesters have been leveled against black people, particularly young men, for decades with scarcely any comment from the majority.

That’s one of the galling facets of privilege – it completely skews what your view of ‘normal’ is. Faced with stories about cops brutally beating young black men, many people reacted with incredulity. “I’ve never seen an officer hit someone. Are you saying that all cops are racist? I find that hard to believe.” I had a similar conversation with a friend when we both saw a police officer pull over a young black man driving in a nice car with dealer plates. When I cynically observed that the driver’s first mistake was driving a nice car while being black, my buddy expressed his disbelief, saying that dealer plates come with certain restrictions, and that he didn’t see it being a case of racial profiling.

I can certainly understand the instinct to dismiss these kinds of stories as exceptional or delusional. Five years ago, if you had told me that police were infiltrating political groups to drum up phony charges against them, I’d have called you a lunatic. Then again, five years ago I wasn’t reading stories like this: … Continue Reading

3 A rare, happy moment

  • November 23, 2011
  • by Crommunist
  • · blog · Canada · conservativism · First Nations · good news · health · law · liberalism · politics

I spend a lot of time bashing our political system. It’s a formula that has yielded a fairly consistent source of not only blog fodder, but commenter agreement as well. After all, who doesn’t love complaining about politics? It gives us an opportunity to appear erudite and superior to those who would try to represent themselves as the “ruling class”. Plus we get to spread indiscriminate blame on all politicians as being morally deficient hucksters.

It brings me no personal satisfaction, however, to live in a country with crappy politics. As a liberal, I believe that government can be a force for good in the world. That as a representation of the collective will of the populace, we can do more as a group than we can as individuals pulling for our own selfish ends. That there is room for giving up a bit of personal liberty to gain a greater measure of mutual success.

It is not the failures of the body politic that make me happy. It is stories like this: … Continue Reading

10 The inherent racism of “Tough on Crime”

  • November 16, 2011
  • by Crommunist
  • · blog · Canada · conservativism · crapitalism · crime · First Nations · forces of stupid · law · news · politics · racism

I’ve talked about the need for diversity before, as a way of making policy more effective. When you have a plurality of voices articulating their position, you stand a better chance of hearing new ideas. Diverse groups may be more unwieldy, but they are far less limited in scope than homogenous groups because a variety of perspectives are providing input. There is another reason why diversity is important though: it makes us less stupid. Because any in-group is going to subject to its own biases and privilege, the inclusion of diverse voices helps safeguard a movement from being self-serving, or worse, inadvertently harming another group.

It is fairly clear, based on this response, that the Prime Minister’s Office did not have a particularly diverse group building their absolutely moronic crime bill:

A University of Toronto law professor says a new federal crime bill chips away at sentencing provisions that require judges to consider all reasonable alternatives to jail. This, said Kent Roach, will only increase the over-representation of Aboriginal people in the criminal justice system.

“We’re going to have a future where one in every four people in prison are aboriginal,” he said. “And we’re going to have a future where perhaps more aboriginal people are going to go to jail than to university.”

Nearly half of the inmates in some Canadian prisons are Aboriginal people. That’s despite the fact they make up less than three per cent of the general population.

So, funny story. It turns out that when you take away the ability of judges to… well… judge, they also lose the ability to factor in the causes of crime and the best interest of not only the criminal defendant, but society at large. Poverty and crime are inherently linked. Not all crimes, to be sure, are caused by poverty. One would have to stretch the definition of ‘poverty’ pretty thin to claim that Bernie Madoff was impoverished, but the types of violent and property crime that the omnibus crime bill are supposedly targeting is linked to poverty. … Continue Reading

7 Sunlight: the best disinfectant

  • November 15, 2011
  • by Crommunist
  • · blog · Canada · law · news · police · science

When I started this blog, I wasn’t anti-police. I saw police as a necessary part of society, with individual officers being basically decent people who react badly when the chips are down, due to over-work and high-stress jobs. My view of individual officers hasn’t changed much, but as I learn more I have begun to see that there is much more to the picture.

The beautiful thing about science is the peer review process. I am not simply referring to the formal process that happens when you submit a manuscript for publication, but the climate of collegial over-shoulder-reading that is de rigeur for the discipline. Scientists do not research in a vacuum – we present our findings at conferences, we discuss them at professional meetings, and of course there are publications. In so doing, not only do we ensure that we learn from each other, but we stand a much better chance of catching each other’s mistakes.

Not so for police – the attitude from various police departments is one of insularity, croneyism and unflagging loyalty, regardless offense. This attitude is perhaps on no better display than in the following tragic story: … Continue Reading

15 The lies told about the Occupy movement

  • November 8, 2011
  • by Crommunist
  • · blog · Canada · free speech · news · Occupy · police · politics

This past Thursday, I spent an hour trying to explain the Occupy movement to a friend of mine. Because ze is (depressingly) not particularly well-versed in current events (I say depressingly because this seems to be a common phenomenon), I had to re-cap about 15 years of history and economics – topics I am enthusiastic about but am not an expert in. What followed my careful explanation of the reasons for the protest was a torrent of stereotypes and derrogations of the people present at the protest. When I asked where ze got the information from, all ze could offer was an admission that it had been from “people”.

It is not surprising to me that sources in the larger media are doing a depressingly awful job of reporting about Occupy. It is not a ‘protest’ in the sense that they are used to – loud, focussed, sponsored, targeted. The diffuse and amorphous nature of the problems facing the financial system and the way we think of the economy will not be solved through a single legislative package or a new political candidate; a new avenue of change is needed, and Occupy is trying to be just that. This poses a problem for the media – no leaders, no spokesperson, no head office, no stationery, no logo, no easily-digested sound byte. However, if a part-time blogger like myself can understand and explain the Occupy movement to a naive friend in an hour, then every media talking head that says they “don’t get” the Occupy movement should be fired. They are clearly grossly incompetent and unfit for their job, which is to relate current events and place them in context.

But what bothers me far more than the artificial “confusion” of media outlets is the constant stream of disinformation and propaganda that flows incessantly like rusty tap water from politicians and media outlets. For example: … Continue Reading

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