Now you see it, now you don’t

[CBC Wordmark]
Politics
Canadian government will resume funding to United Nations relief agency for Palestinians: source
Ottawa paused funding after Israeli government alleged organization staff were connected to Hamas attack

Catherine Cullen · CBC News · Posted: Mar 05, 2024 8:59 PM EST | Last Updated: 11 hours ago
[Image] Minister Hussen
caption: Minister of International Development Ahmed Hussen delivers remarks at a fundraiser event, in Toronto. Hussen is expected to make an announcement on Wednesday. (Christopher Katsarov/The Canadian Press)

Yesterday CBC reported on remarks made by Ahmed Hussen, Canada’s Minister of International Development at a Toronto fundraiser, indicating a resumption of UNWRA funding.

Today Minister Hussen’s press conference to provide an update on Canada’s humanitarian assistance (or lack thereof) in Gaza has been cancelled without explanation.

[Wordmark: Government of Canada]

EVENT CANCELLED - Minister Hussen to hold press conference to provide an update on Canada’s humanitarian assistance in Gaza
From: Global Affairs Canada

Media advisory
** EVENT CANCELLED **

March 5, 2024 - The Honourable Ahmed Hussen, Minister of International Development, will hold a press conference to announce additional humanitarian assistance for Gaza. Minister Hussen will be accompanied by Bob Rae, Ambassador and Permanent Representative of Canada to the United Nations in New York.

Event: Press Conference
Date: Wednesday, March 6, 2024    
Time: 9:00 am EST 
Location: Mississauga, Ontario

Notes for media: 

Media representatives are asked to arrive 15 minutes before the start time of the event.
Media are asked to confirm their attendance by contacting media@international.gc.ca. The exact address will be shared following confirmation. 

https://www.canada.ca/en/global-affairs/news/2024/03/minister-hussen-to-hold-press-conference-to-provide-an-update-on-canadas-humanitarian-assistance-in-gaza.html

What are they playing at?

People are starving and dying in Gaza.

Even if they weren’t UNWRA’s mandate stretches far beyond Gaza.

I hope anyone who hasn’t will sign & share Petition e-4802 as widely as possible.


As I write this, at 8,563 signatures it needs only 438 signatures to reach 9,000!!! This is so important because the more signatures e-Petition 4802 receives, the more seriously the Government of Canada will take it, so please keep signing and sharing! 

Thank you for your support!


Many thanks to everyone who signs and shares, helping to keep this terrible thing in the public eye.

(Special thanks to Lulu for the heads up on this story!)

Signatures for Petition e-4802

Thank-you so very much to everyone who has signed my restore UNWRA Funding Petition!

PARLIAMENT OF CANADA
[logo] House of Commons
Chambre des Communes 
Canada

Petition e-4802 (Foreign affairs) #UNRWA
History
Open for signature
February 12, 2024, at 2:03 p.m. (EDT)
Closed for signature
March 13, 2024, at 2:03 p.m. (EDT)
Member of Parliament
Mike Morrice
Kitchener Centre
Green Party Caucus
Ontario

Province/ Territory                                               Signatures

Alberta  204

British Columbia  513

Manitoba  20

New Brunswick  17

Newfoundland and Labrador  26

Northwest Territories  4

Nova Scotia  90

Nunavut  

Ontario  1,692

Prince Edward Island  14

Québec  406

Saskatchewan  39

Yukon Territory  2

footer: Saturday 17 Feb, 2:04 PM

Imagine: 3,051 signatures in only 5 days!

And here I was wondering if my Petition would really be able to get enough signatures to get certified for presentation to Parliament in just 30 days. I knew very well that I’m not the only Canadian who cares desperately about the plight of Palestinians in Gaza, but I didn’t know if I would be able to reach them. But it seems the people I’ve asked to sign and share have done a brilliant job of it. 

And special thanks to Mike Morrice for sponsoring this!

While our democratic governments offer unconditional support to Israel, more and more people around the world have decided to hit the streets in peaceful protest for a Palestinian peace. We all have busy lives: nobody has time for this. I certainly didn’t have time to write a petition. But we have to do this.

Because we know what’s going on. Just as the Vietnam War played out in the living rooms of America, the War on Hamas is up close and personal, on our phones, tablets and computers. 

With people being bombed, unhoused, displaced, starved and killed, the importance and urgency of the subject of this petition is staggering. Canada needs to restore funding to UNWRA (United Nations Relief and Works Agency for Palestine Refugees in the Near East)


The more signatures this petition receives, the more seriously the Government of Canada will take it, so please keep signing and sharing! 


What Omar #Khadr Did or Didn’t Do is NOT The Issue #CDNpoli

Omar Khadr at age 14.

When a 15 year old Canadian child named Omar Khadr was dug out of the rubble on July 27, 2002 he was so badly wounded he was not expected to survive.

Child Soldier

At the age of ten he was uprooted from his life in Canada by his father and taken away to Afghanistan.

The UN Optional Protocol on the Involvement of Children in Armed Conflict establishes that children younger than 18 who are involved in armed conflicts are Child Soldiers.  This protocol was written in 2000, but it came into force on into force on 12 February 2002.  This is an “optional” protocol, meaning there is no obligation for any nation to sign it.  The Canada is a signatory to this.  By signing and ratifying this, the Canadian Government voluntarily chose to place Canada under its terms, so it it is no longer “optional.”

This protocol recognizes the fact that child soldiers are children, and children are not entirely responsible for themselves.  This is hardly a stretch: Canadian Law recognizes this too.  We have a special set of criminal laws for children.  Children are not allowed to sign legal contracts or legally able to consent for themselves; a parent or guardian is required to decide whether or not to consent on their behalf.

Omar Khadr was only 15 years old when the compound he was in in Afghanistan was attacked by the American military.  Under Canadian Law he was a Child Soldier.

Charter Rights

Omar Khadr was born Canadian. He has always been a Canadian citizen.

Canadians are guaranteed protections under the Canadian Charter of Rights and Freedoms.

“Canada actively participated in a process contrary to Canada’s International human rights obligations and contributed to Mr. Khadr’s ongoing detention so as to deprive him of his right to Liberty and Security of the Person guaranteed by Section 7 of the Charter, contrary to the principles of fundamental justice.”
— Supreme Court of Canada, 2010

“The core issue repeatedly identified by the Supreme Court of Canada: in the pursuit of Justice and National Security, Governments must respect Charter Rights and Human Rights, and the Rule of Law.”
Public Safety Minister Ralph Goodale

Guilt or innocence makes no difference: all citizens, guilty or innocent are supposed to be protected by the Charter.

Guilt or Innocence?

What really happened is the subject of much hot debate.

Human Rights Watch PDF: Omar Khadr: Military Commission Trial of Ex-Child Soldier 

http://www.nationalobserver.com/2017/07/07/opinion/what-if-omar-khadr-isnt-guilty

CBC made this awesome documentary in
The US vs Omar Khadr Pt. 1 | CBC

The US vs Omar Khadr Pt. 2 | CBC

The US vs Omar Khadr Pt. 3 | CBC

The US vs Omar Khadr Pt. 4 | CBC

The US vs Omar Khadr Pt. 5 | CBC

Torture

What is very clear is that the only “evidence” supporting Omar Khadr’s charge and plea bargained conviction for killing anyone, was Omar’s confession.  The problem is that Omar’s confession was made under duress when his American captors tortured him.

Occupy Canada tells us:

What is wrong with people that they have trouble understanding that torture is not only wrong, but not a reliable way to get at the truth? This cannot be stressed enough: TORTURE DOES NOT WORK. CIA documents freely admit, as has been known around the world for decades, that torture does not produce reliable or useful information. When someone is being tortured, they will tell their torturers anything they imagine the torturers might want to hear in their desperation to make it stop, and this information is almost invariably unreliable at best. Torture does not provide good, reliable, or useful information. Period. So torture justifiers are not only telling us “I don’t care if we behave as morally as Nazis, and I don’t care if we tortured bad guys or completely innocent people that had done nothing wrong” but also “I don’t even care whether it works or not, whether we got good or useful information of any kind at all.” It’s in black and white right there in the recently released documents: the torture program did not produce useful or reliable or true information, it only produced misery.

The CIA report on their own torture program clearly states that torture was ineffective and did NOT produce useful intelligence. That’s been reported in a dozen places, like here:
http://www.dailymail.co.uk/wires/afp/article-2865933/Report-CIA-torture-released-Tuesday-White-House.html

and again here
http://www.nbcnews.com/storyline/cia-torture-report/senate-report-finds-cia-interrogation-tactics-were-ineffective-n264621

and here
https://news.vice.com/article/senate-torture-report-finds-the-cia-was-less-effective-and-more-brutal-than-anyone-knew

The people performing torture frankly admit that it doesn’t work
http://www.telegraph.co.uk/comment/8833108/Torture-is-not-wrong-it-just-doesnt-work-says-former-interrogator.html

and there’s more here. Torture “is a poor technique that yields unreliable results, may damage subsequent collection efforts, and can induce the source to say what he thinks the interrogator wants to hear.” Not only is torture ineffective at gathering reliable information, but it also increases the difficulty of gathering information from a source in the future.
— https://en.wikipedia.org/wiki/Effectiveness_of_torture_for_interrogation

and indeed, torture has a very long and incredibly well documented history of being virtually useless for acquiring useful information
https://www.livescience.com/4651-torture-long-history-working.html

Omar Khadr, after being captured as a child and tortured for years, was told by his torturers that his only hope of ever ending the torture was to plead guilty. “His lawyers were told, You have two choices: You can plead guilty and you get another eight years in Guantanamo. Or you can plead innocent, in which case, you’re here forever. So those are the choices his lawyers were given, practically in those words.”
http://www.truth-out.org/news/item/15917-noam-chomsky-smoke-and-mirrors-or-civil-liberties-under-president-obama

Condemning Khadr based on a confession acquired through torture is not justice. In this divisive and mean spirited age, let’s at the very least agree that we disapprove of torture. How can the bar possibly be set that low?

“Our rights are not subject to the whims of the government of the day.”
Justice Minister Jody Wilson-Raybould

Civil rights exist to protect citizens, they aren’t optional.

This is not a partisan issue— unless, of course, you consider the danger inherent in electing politicians who think its okay to torture citizens.  Currently this is against the law in Canada. It doesn’t matter whether you are innocent or guilty, Canadian citizens have rights.  Our governments are unaccountable enough now; the Supreme Court of Canada is holding it to account.


Canadian Dog Whistle Politics or #ProportionalRepresentation?

 

quebec_conference_1943framed

For those who don’t know, at the end of Second World War the victorious Allies governments imposed Mixed Member Proportional Representation on West Germany.

They did this specifically to prevent the rise of another Hitler.   Although these powerful government leaders clearly understood this, they chose not to follow the same path for their own nations. Presumably they believed such limitation on their own power wasn’t necessary.   Just as Canada’s current Prime Minister doesn’t feel his power needs limitation.

Here’s the thing: it doesn’t matter if there is a good Prime Minister or a bad one.  It doesn’t matter if there’s a bad government in place or not.

What matters in a representative democracy is that voters secure representation in Parliament.  All Canadians need representation, period.  Just as Canadians need the Charter, in times of good or bad.   Like the Charter, representation provides citizens with security.

Had Harry Truman implemented such a change on the USA, the likelihood of a Trump presidency would be nil.

Had Prime Minister William Lyon MacKenzie King implemented some form of Proportional Representation in Canada, Canadians would not see be seeing a rise in dog whistle politics. My brother wrote about this phenomenon before either of us knew the term.

Winston Churchill knew Proportional Representation was a defence against fascism.

Here’s the thing: fear and dog whistle politics are a powerful tools used over and over again in winner-take-all systems because they work.  One of the things so dreadfully wrong with winner-take-all politics is that the governments we elect are so unaccountable to voters, it isn’t a question of whether they will keep all their promises, it is a question of which promises they will keep.  And, incredibly, we accept that.  We have been conditioned to understand they won’t.  No doubt this is a major reason the young and the idealistic don’t engage in politics: they see it for a sham, and choose to invest their energies elasewhere.

Dog Whistling Islamaphobia

MP Iqra Khalid’s Private Member’s Motion is not the first to reference House of Commons e-petition (e-411).

The Canadian MSM is now reminding us that all the MPs in Parliament — including those Conservative Leadership Candidates seeking to ride a wave of prejudice to 100% power in Parliament — voted in support of Mr. Mulcair’s October Petition.  This was long before 6 Quebec Muslims were murdered at prayer.

Mr. Speaker, following discussions with all parties in the House, I hope you will find consent for the following motion. I move:

That the House join the 69,742 Canadian supporters of House of Commons e-petition (e-411) in condemning all forms of Islamophobia.

The Honourable Thomas Mulcair, Hansard, House of Commons, October 26th, 2016

NDP Leader Thomas Mulcair's Islamaphobia motion received unanimous assent in the House of Commons on Oct. 26, 2016
NDP Leader Thomas Mulcair’s Islamaphobia motion received unanimous assent in the House of Commons on Oct. 26, 2016

So what has happened?  Do these Conservative Leadership Candidates feel a majority of their constituents approve of gunning down Muslims at prayer?

I don’t believe that for a minute.  But our winner-take-all political system allows for the distribution of a disproportional amount of power.  Ms. Leitch doesn’t need a majority of Conservative Party Members to support Islamaphobia in order to win her party’s leadership crown, or even a majority of voters to become the Prime Minister of Canada.  So long as we continue to use this First Past the Post Electoral System, the right dog whistle can win a 39% (or less) majority.

It doesn’t matter if we have a few women or minority MPs in the House of Commons.  We are staring in the face of the polarization inherent in FPTP.  The example before starkly contrasts what happens when a powerful old white male MP puts forward a Motion condemning Islamaphobia with what happens when a young ethnic woman MP does.  And it is a not pretty picture.  But it happens. And it will keep on happening so long as we retain an electoral system that rewards dog whistle politicians with more than their fair share of power.

Canada needs real Real Change.

But it doesn’t have to be this way.  In spite of his totally specious arguments to the contrary, Prime Minister Trudeau’s disavowal of his electoral reform promise not only paves the way for institutional racism, it fuels Islamaphobia.  If Ms. Khalid (and other Liberal MPs) want to change this dreadful FPTP side effect, it is time they told their leader he must restore the Electoral Reform process and get the legislation through Parliament by October.  Because if Canada wants to be a healthy multicultural democracy, we must have Proportional Representation.

Now.

Sign The Electoral Reform Petition

At this time of writing, Petition e-616 is up to 120,651 signatures. If everyone who has already signed it can convince 2 Canadians to sign it our chance of having Proportional Representation implemented by 2019 will be greatly improved.

 

 

 

 


Sign the Petition e-616

Petition e-616 can be found at
https://petitions.parl.gc.ca/en/Petition/Details?Petition=e-616

This petition to the Canadian Government website has broken all records and continues to grow.  As of writing it is up to:

119,515 signatures

Sign the Petition: e-616

You can help make every vote count by signing the petition.

And after you’ve signed it (and sent the email confirmation)  you can help even more by encouraging your friends and family and co-workers and your kid’s teachers and your dentist and doctor and letter carrier and fellow religionists (including your minister, rabbi, imam or priest) … because *any* Canadian can and should sign this petition too.

If enough Canadians sign e-616, our Government might yet deliver on this oh so important promise.

Because when all Canadians are represented in Parliament, it will make our government much more accountable than it is today because no single party — no single party leader will have the power to impose an agenda against the public good.  We know Proportional Representation most often produces stable government capable of long term planning.  We also know Proportional Representation leads to co-operation between parties, not polarization like we have now.  First Past The Post elected Donald Trump in the USA, and FPTP could just as easily give us a Canadian version too.

First Past The Post gives the winner 100% of the power with only 39% (or less) of the votes.

Proportional Representation ensures 39% of the votes only deliver 39% of the power.

Right now the Liberal Government is rallying around Private Member’s Motion 103 because they hope it will makes them look like progressive multicultural heroes.  If the Conservative Party chooses an O’Leary or a Leitch as its leader, the Liberal Party hopes to ride a wave of lesser-evilism into a second majority term.  (Clever Canadians should recall how well such a plan worked out for Hillary Clinton.  Clever Conservatives won’t choose a leader the Liberals can use as a boogeyman.)

But here’s the thing: M-103 wouldn’t even be an issue if every vote counted. If the Liberal Government is truly committed to a healthy multicultural democracy it would be writing the promised electoral reform legislation as we speak.  If they are truly worried a referendum would prove too divisive or open to manipulation, the ERRE Committee’s referendum might be deferred to after 3 elections… by which time Canadians will understand Proportional Representation well enough to make an informed choice.

Canada is supposed to be a Representative Democracy.

But when a majority of Canadians aren’t represented in Parliament, it isn’t, really.

Canadians need to be able to elect the government we want by electing MPs that can actually represent us.  When the Liberal Government was elected with a majority, I hoped the fact the party was divided between Alternative Vote and Proportional Representation we would get a fair process.  Even knowing Justin Trudeau was an Alternative Vote supporter as far back as the Liberal Leadership race.  And for a while it really looked like we were.  Mr. Trudeau and senior Liberals assured us he would let the process go through.   My Liberal friends were positive that Proportional Representation couldn’t possibly fail with a fair process, because the evidence of over a century clearly supports Proportional Representation as the fairest way to achieve representative democracy.  And 14 Canadian Commissions, Assemblies & Reports recommended PR (with 0 recommending keeping First Past the post or adopting Mr. Trudeau’s favourite Alternative Vote (alias Preferential/Instant Runoff).

But so many people kept asking Prime Minister Justin Trudeau about Proportional Representation he decided to pull the plug on it.  So much for a fair process.  So much for real change.  And nobody is angrier about this unfair outcome than my Liberal friends.

Sign The Electoral Reform Petition

Electoral Reform Hashtags

The easiest way to encourage your friends and family is to share on social media.

#CDNpoli
#EngagedinER
##ProportionalRepresentation
#ChaqueVoteCompte
##PerformOnReform
##NotFineWith39
#ERRE
#electoralreform
#CdnDemocracy
#TrudeaKeepYourPromise
#ERNow

Note:  #CDNpoli is possibly the most important hashtag because it reaches people interested in Canadian Politics whether or not they are informed about electoral reform.

Canadians Deserve Better -Proportional Representation - on Canadian Flag backgroundThis is the twenty-ninth article in the Whoa!Canada: Proportional Representation Series

 

Canada is Ready 4 Proportional Representation

Proportional Representation Series So Far:• Proportional Representation for Canada
• What’s so bad about First Past The Post
• Democracy Primer
• Working for Democracy
• The Popular Vote
• Why Don’t We Have PR Already?
• Stability
• Why No Referendum?
• Electoral System Roundup
• When Canadians Learn about PR with CGP Grey
• Entitlement
• Proportional Representation vs. Alternative Vote
• #ERRÉ #Q Committee
• #ERRÉ #Q Meetings & Transcripts
• Take The Poll ~ #ERRÉ #Q
Proportionality #ERRÉ #Q 
• The Poll’s The Thing 
• DIY Electoral Reform Info Sessions
• What WE Can Do for ERRÉ
• #ERRÉ today and Gone Tomorrow (…er, Friday)
• Redistricting Roulette 
• #ERRÉ submission Deadline TONIGHT!
#ERRÉ Submission by Laurel L. Russwurm
• The Promise: “We will make every vote count” #ERRÉ
FVC: Consultations Provide Strong Mandate for Proportional Representation #ERRÉ
PEI picks Proportional Representation
There is only one way to make every vote count #ERRÉ
Canada is Ready 4 Proportional Representation
Sign the Petition e-616

and don’t forget to check out the PR4Canada Resources page!


A Motion is not a Law

Last year the Canadian Government passes a motion that condemned the BDS movement.  This motion didn’t make it illegal for the United Church of Canada, Quakers, organizations, university students and human rights activists and ordinary people like your Aunt Mabel who boycott  and other Israeli companies like SodaStream operating in illegal settlements on what is supposed to be Palestinian land.  It wasn’t a law, just a motion that said the Government disagrees.

Liberal back bencher Iqra Khalid’s Motion 103 has raised a ruckus.

Once again it becomes clear Canadians need to improve our civic literacy.  Our politicians have entirely too easy a time manipulating us.

A motion is not a law.   A government motion that condemns X simply says the government thinks X is bad.  It is not a law, but an attempt to lead by example.

Ms. Khalid’s Motion 103 will not make it illegal to criticise Islam.  It does not herald the coming of Sharia law to Canada.  Nor does it make racism illegal.  Canadians will still be able to be racists if they wish to be.  A motion is not a law: only a law can make something illegal.

As a writer, I am a firm believer in free speech.   If you are concerned about Canadian law interfering with our free speech, there is plenty to talk about with our hate speech laws and the law Canadians know as C-51.  But this motion does not do anything to inhibit free speech.  Even if it wanted to it couldn’t.  A motion is not a law.

Motion 103 just says the Government of Canada doesn’t approve of Islamophobia, systemic racism and religious discrimination, and tasks the government with studying it in hopes of finding a soluition.  But you don’t have to take my word for it.  If you’re still worried, you can read it (like every motion or legislation considered by the Canadian Government) online.  But to make it even easier, I’ve reproduced it for you here:

Iqra Khalid – Private Members’ Motion

http://www.parl.gc.ca/Parliamentarians/en/members/Iqra-Khalid%2888849%29/Motions?sessionId=152&documentId=8661986

Motion 103

Systemic racism and religious discrimination

Text of the Motion

That, in the opinion of the House, the government should:

(a) recognize the need to quell the increasing public climate of hate and fear;

(b) condemn Islamophobia and all forms of systemic racism and religious discrimination and take note of House of Commons’ petition e-411 and the issues raised by it; and

(c) request that the Standing Committee on Canadian Heritage undertake a study on how the government could

(i) develop a whole-of-government approach to reducing or eliminating systemic racism and religious discrimination including Islamophobia, in Canada, while ensuring a community-centered focus with a holistic response through evidence-based policy-making,

(ii) collect data to contextualize hate crime reports and to conduct needs assessments for impacted communities, and that the Committee should present its findings and recommendations to the House no later than 240 calendar days from the adoption of this motion, provided that in its report, the Committee should make recommendations that the government may use to better reflect the enshrined rights and freedoms in the Constitution Acts, including the Canadian Charter of Rights and Freedoms.

This motion does not single out Islam for special consideration, it “condemns Islamophobia and all forms of systemic racism and religious discrimination.”

After a young man murdered half a dozen Muslim men at prayer in their Quebec City mosque, is it not reasonable to condemn discrimination and hatred toward the Muslim community?  Especially when such flames of extremism have been fanned by politicians?

All citizens are supposed to be protected by the Canadian Charter of Rights and Freedoms.  Of course, in a democracy that relies on an electoral system that fails to represent its citizens proportionally, citizens can only hope we will get governments that will uphold our Charter protections.

Cross Cultures commemoration of International Day for the Elimination of Racial Discrimination (2016)
Cross Cultures commemoration of International Day for the Elimination of Racial Discrimination (Kitchener City Hall, 2016)

 


The Don Dunphy Inquiry is important to all Canadians

Watching the live stream of the Commission of Inquiry Respecting the Death of Donald Dunphy is, well, disconcerting.

Check the Whoa!Canada calendar for the Don Dunphy Inquiry schedule https://whoacanada.wordpress.com/calendar/
Check the Whoa!Canada calendar for the Don Dunphy Inquiry schedule
https://whoacanada.wordpress.com/calendar/

Today RNC Constable Smyth told the Inquiry he spent an hour scanning a years worth of Don Dunphy’s twitter stream before going to see Don Dunphy.  Of course we can’t actually see Don Dunphy’s twitter stream because it’s been taken down.  But the tweets still exist (there was a time when Twitter said all tweets would eventually end up in the Libary of Congress).  We are talking about *thousands* of tweets, here, tweets that law enforcement and lawyers have access to.

The Inquiry is told Don Dunphy tweeted an a wide variety of subjects across many issues, including human rights and social justice. Don Dunphy routinely tweeted or retweeted inspirational quotations from the likes of the Dali Lama and Albert Einstein.  Mr. Dunphy also talked about issues that directly concerned him.  An injured worker who felt ill served by government, with particular grievances with the Workplace Health, Safety & Compensation Commission of Newfoundland and Labradorhe talked about government failure.

Dunphy, 59, was a former truck driver who battled for years with workers’ compensation after being crushed at 28 by a backhoe on a construction site. The frequent Twitter user called himself “a crucified injured worker from NL Canada where employers treat (the) injured like criminals.”
Inquiry to ask: Why did Newfoundland police officer shoot Don Dunphy?

When apprised of a “disconcerting” tweet, Constable Joe Smyth, a member of the RNC protective detail for then Premier Davis, today told the Inquiry he made an assumption  Don Dunphy would react badly if he had he had gone to Mr. Dunphy’s house accompanied by a uniformed RNC officer.  Instead Constable Smyth went alone, driving an unmarked vehicle, dressed in plainclothes.  And when he got there, it seems he was deliberately cagey about why he was there.  And Don Dunphy ended up dead.

Today, Dunphy family lawyer, Bob Simmonds tried to find out the basis for the officer’s assumption, since Smyth agreed Don Dunphy had neither advocated or promoted violence in his tweets. In answer, Constable Smyth characterized Don Dunphy’s stated belief — that death of his wife and others were due to institutional failure — as “ideation”

One Wikipedia definition is:

“Ideation is the creative process of generating, developing, and communicating new ideas, where an idea is understood as a basic element of thought that can be either visual, concrete, or abstract.[1] Ideation comprises all stages of a thought cycle, from innovation, to development, to actualization.[2] As such, it is an essential part of the design process, both in education and practice.[3]

But clearly that is not the definition Constable Smyth intended.  “Ideation” is his reason for believing Don Dunphy needed “threat assessment” ASAP.  Which indicates his meaning is more likely “Paranoid Ideation.”

As Mr. Simmonds questions the officer about the urgency or appropriateness of interrupting Don Dunphy in his home, unannounced, at meal time on Easter Sunday:

“There is a duty and an expectation when you identify certain behaviours and follow up on those behaviors… an unresolved grievance that may or may not be grounded in reality.”

— Constable Smyth

When the officer says “may or may not be grounded in reality,” he implies Mr. Dunphy may suffer an inability to differentiate between reality and unreality.

This sounds to me as though the entire series of events culminating in this tragic death of Don Dunphy was built on the RNC Officer’s mistaken belief he was somehow competent to render a medical diagnosis of Mr. Dunphy based entirely on a superficial reading of the dead man’s Twitter feed.  What a frightening assumption for a law officer to make.  While I imagine there are folks at Workplace NL or elected officials in the government of Newfoundland and Labrador who might have disliked or disagreed with him, it seems the only person insinuating Don Dunphy was imagining things is the RNC Officer who shot and killed him on that Easter Sunday afternoon.

Constable Smyth’s subsequent ill advised email takes this hubris even further, as he wrote about being “too late” to “help” Mr Dunphy, or that the tragedy is “an opportunity to educate” the public about proactive “Intelligence based policing,” Constable Smyth even drew an outrageous comparison to the Ottawa shooting, explaining public officials need protection from “individuals and groups who will be disgruntled, and when desperation and instability is added to the mix you will have security concerns.”  Perhaps the worst of it was in the closing paragraph:

“Although I cannot regret my actions last Sunday, I unequivocally wish I could have visited Mr. Dunphy at a point in his life where another level of intervention may have been possible. Our lives can change or end in the blink of an eye. Please seize any opportunity to help those who need it.”

CBC: RNC officer who shot Don Dunphy wishes better intervention possible

Mr. Dunphy’s “behavior” had been exclusively verbal.  And the only evidence of”escalation” seems to be in Constable Smyth’s perceptions.  Yet even he admits that, before he himself went out to Mitchells Brook, N.L., there was no foundation to suggest Don Dunphy posed an imminent threat.   Constable Smyth says he went to Don Dunphy’s home as part of his “threat assessment” process, to afford Mr. Dunphy an opportunity to explain his Twitter comments.

As Mr. Simmonds points out, Mr. Dunphy was simply exercising his right to free speech.  His right to express his dissatisfaction with government.  Why should Mr. Dunphy have to account to law enforcement for free speech in a free country?

And yet Constable Smyth goes on to describe Don Dunphy’s Twitter feed as “following a pathway to violence.”

As it happens, Constable Smyth is not a psychiatrist or even a psychologist, but a police officer who has taken some courses.  A police officer who continues to believe himself competent to unilaterally make such assessments of citizens.  This is seriously problematic.

Bob Simmonds
Bob Simmonds, lawyer for Meghan Dunphy, cross examines RNC Constable Smyth

After establishing Constable Smyth had no legal right to be in Don Dunphy’s home without Mr. Dunphy’s permission, Mr. Simmonds asked the constable why, when it became clear Don Dunphy no longer wanted him there — when Mr. Dunphy was, according to Constable Smyth’s words, “frothing at the mouth” — why didn’t the officer just leave?

Constable Smyth explained he didn’t leave because Don Dunphy didn’t explicitly tell him to leave.  And Don Dunphy died.

Even if you are willing to assume everything Constable Smyth believes everything he has testified to be true, how can any officer incapable of recognizing when an interview subject wants him to leave possibly be competent to make mental assessments of citizens?

Civil Rights Exist To Protect Citizens

The Don Dunphy Inquiry is bigger than Newfoundland and Labrador; this tragedy shines a light on a danger facing all of Canada.

When people are afraid someone is listening, free speech is no longer a right, but a dangerous practice.  When law enforcement monitors innocent law abiding citizens on social media platforms like Twitter, citizens whose only “crime” is the exercise our Charter rights to free speech, our Charter rights are under attack.

Constable Joe Smyth answers questions at the Commission of Inquiry Respecting the Death of Donald Dunphy
Constable Joe Smyth answers questions at the Commission of Inquiry Respecting the Death of Donald Dunphy today.

Tom Mahoney, Executive Director, WorkplaceNL told police Constable Smyth said:

The worst thing about these situations is these guys you know tend to be in their house, they tend to feel free to say what they like, but they don’t realize there are consequences.

Mr. Simmonds questioned Constable Smyth as to the “consequences for free speech.”  He also wanted to know why, absent any other evidence, did he decide Don Dunphy was a person of interest requiring ASAP investigation based solely on the fact he spoke his mind about politics and politicians online.  But Constable Smyth repeatedly denied infringing Don Dunphy’s right to free speech.  But what else can you call it when an agent of law enforcement takes what you say on social media and uses it to unilaterally judge you?

Privacy– freedom from having to worry that the government is not watching and listening to us without good reason (what the law calls probable cause) is an important part of how citizens stay safe from government over reach and injustice in a democracy.  That’s why an Injured workers group asks why WorkplaceNL gave Don Dunphy information to police. Injured citizens are among society’s most vulnerable, so when injured workers are obliged to turn over personal information to government agencies that are supposed to help them, they don’t expect that information to be handed over to police at the drop of a hat.  And they are right to be concerned, as the Don Dunphy tragedy clearly illustrates.  Surely Don Dunphy isn’t the only injured worker venting about their frustrations on social media.  Social media networks exist because human beings create community, not to make it easier for police to judge our every word.  Apparently Constable Smyth failed to learn that in his social media course.

If Canadians are not free to say what we like in our house, even if we are talking online, where do we have free speech?  Canadian democracy is Built on the Canadian Charter of Rights and Freedoms.  Now I’m not a lawyer, but it certainly seems to me as if Don Dunphy’s Charter rights were breached twice:

Fundamental Freedoms

2. Everyone has the following fundamental freedoms:

… (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

~ and ~

Legal Rights
Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

On the national front, the Federal Government’s failure to amend or repeal the law that gives federal law enforcement “lawful access” to monitor innocent Canadians online (formerly known as Bill C-51) is a virtual guarantee that such miscarriages of justice, and indeed similar tragedies, will undoubtedly happen again as a matter of course.  Is this acceptable to you? It isn’t to me.

Don Dunphy spoke up for what he believed is right, but the man was silenced forever.  Perhaps even worse, to me, as both a writer and a believer in free speech, is that the words he wrote on Twitter have been silenced as well.

All Canadians need the full protection of the Charter.  Otherwise the Charter isn’t worth the paper its written on.

 


The Inquiry continues tomorrow ~ January 24th, 2017 ~ with what will probably be the final cross-examination of Constable Smyth.   

Commission of Inquiry Respecting the Death of Donald Dunphy Livestream:
http://www.ciddd.ca/
Watch Live:
http://video.isilive.ca/nfld/remote.html


Bill C-51 – The Antiterrorism Act 2015

Repeal Bill C-51 banner

 

Bill C-51, now known as the Anti-terrorism Act, allows Canada’s spy agency, CSIS, to disrupt real and perceived terrorist threats. It allows intelligence agencies to share Canadians’ personal information more widely. Authorities can detain someone for up to seven days if it’s believed a terrorist event may occur.

And the exercise of these new powers can take place without meaningful parliamentary oversight.

Promised changes to anti-terrorism law C-51 still months away: Liberals want to consult with Canadians over the summer to see what changes they want to C-51

CSIS was supposed to prevent the RCMP security service from engaging in unlawful activity.

 

In 1984, CSIS was created as a response to the McDonald Commission, which recommended a separation between national security policing and intelligence functions. National security intelligence would be limited to information gathering, and CSIS’ performance of its duties and functions would be subject to the review of the Security Intelligence Review Committee (SIRC). Unlawful disruption tactics, including barn burnings, property destruction, break-ins, thefts, and abusive investigation techniques by the RCMP were strongly condemned. In the aftermath of the McDonald Commission Report, the government created CSIS as a legally more constrained, domestic, civilian intelligence collection service. Indeed, later in that decade, an important reform removed the controversial area of “subversion” from the RCMP’s mandate.

– Voices-Voix update on Bill C-51: Anti-Terrorism Act, 2015

RCMP Musical Ride

The idea was to separate the intelligence gathering and security operations into two discrete branches of the service.   Giving CSIS the power to act on the intelligence it gathers, to make the sort of disruptions it was created to prevent the RCMP from undertaking makes no sense at all.   From all reports, Canadian security ~ and Canadians ~ have suffered serious consequences because the two branches of the service don’t communicate with each other.  Instead of rectifying such  serious problems that have come to light through the Air India Inquiry (2010) and the Arar Inquiry (2006), C-51 compounds them by granting the security service unprecedented “lawful access” to the personal information of all Canadian citizens.  What it does *not* do is compell CSIS to share information about imminent attacks.  This does not make Canadians safer.

The Canadian Civil Liberties Association has produced a wonderful primer:
UNDERSTANDING BILL C-51: THE ANTI-TERRORISM ACT, 2016

Although I am no lawyer, my understanding is that C-51 legalized a host of activities that were formerly illegal under Canadian law because they jeopardize or contravene the civil rights Canadians are supposed to be guaranteed under the Canadian Charter of Rights and Freedoms.  As near as I can tell, nothing at all is being done to end CSE’s bulk data collection — effectively spying on the digital activities of all Canadians 24/7.

Currently the only supervision of the activities of the security services are after-the-fact reviews, which means any and all improper Charter breaches will only come to light long after they have occurred, which is like closing the barn door after the horse has escaped.

Perhaps the most chilling part of all of this is the incredible lack of oversight to the services that have been given these incredible powers over our lives.  At least in the early part of the 21st Century the CSIS Inspector General provided actual supervision, to ensure Canadian spies don’t break the law.

Unfortunately that was one of the many non-budgetary items bundled into the Harper Government’s Omnibus “Black Mark Budget” in 2012; a few quiet strokes of a pen abolished the IG’s office, leaving only the SIRC review process, a part time agency that looks at only a tiny percentage of what CSIS actually does.

I wrote about this all in March of last year, before C-51 became law, in Liberal Leader Gets Bill C-51 Wrong.  Unfortunately it looks as though our Liberal Government has no intention of dismantling this dreadful law.  It seems the best we can hope for is some sort of parliamentary oversight.

Unfortunately that is more likely to end up being a rubber stamp than anything else.

What Canadians Can Do

Before Bill C-51 became law, there were protests across Canada, including three in Waterloo Region, on a very cold March day, on a much nicer day in April, and another in May.

NDP MP Randall Garrison Moves To Repeal Anti-Terror Bill C-51

CCLA AND CJFE MOUNT CHARTER CHALLENGE AGAINST BILL C-51

Today is the last day for Canadians to make submissions to the Federal Government’s National Security Consultation.  Although there was a component of This is an online consultation, and they’ve provided plenty of reading material, which naturally supports the idea this legislation is a good thing. It’s not. At least not if you think the Canadian Charter of Rights and Freedoms is important.     Privacy Is Not A Crime

The government has broken the consultation down into categories spread out over multiple web pages, asking for our input on any or all of the 10 topic areas for the consultation. Each page also asks us to identify ourselves, although, unlike the electoral reform consultation, it is not explicitly necessary.

Online Consultation on National Security

We also have the option of making an Email submission: ps.nsconsultation-consultationsn.sp@canada.ca

I’ll say it again: Today ~ December 15th, 2016 ~ is the LAST DAY to participate in the consultation.  Please do.  Even if all you do is go to any or all of the Consultation web pages and comment “Repeal C-51” you will help.  Anonymous comments won’t be taken as seriously as comments connected with our real names, so I strongly recommend filling in the contact info.  The reality is that, so long as C-51 is in place, there is no way for Canadians to enjoy online anonymity.  (Even encrypted activity is being recorded and stored against the day the security services can break the encryption.)

Even if you read this after the consultation deadline, you can still call your MP to account for this.  Canadians used to have civil rights.  We used to have privacy.  Law enforcement agents were required to produce some evidence of probable cause that would convince a judge to issue a warrant before our Charter protections of our privacy could be legally breached.   Privacy is the citizen’s only protection from potential over-reach of the powerful state.  This is why the UHDR and the Canadian Charter of Rights and Freedoms seek to protect our privacy.  Sacrificing citizen privacy does not make us safer, it puts us at risk.

C-51 ushered in a powers and laws that threaten Canadian privacy, freedom of speech and other Charter protections without actually substantively dealing with problems of prosecution of terrorism, and without any meaningful oversight of Canada’s booming national security industry.

After you make your submission, you can Sign the Petition:

 

We are at a disheartening moment in federal politics. Despite all the powerful and thoughtful critiques of the government’s anti-terrorism bill, it has now become law.”
– Ed Broadbent

Repeal Bill C-51

If you buy only one book this year, don’t buy my novel, get yourself a copy of False Security: The Radicalization of Canadian Anti-terrorism, by By Craig Forcese and Kent Roach. Better yet, get copies for all your family and friends.  Because this must change if we don’t want our lives, and our kids and our grandkids lives to be lived in an Orwellian dystopia. This is the stuff of fiction, this is reality.

Bill C-51 has been Canadian law for...

click to go to the live clock


PEI picks Proportional Representation

back to FVC: Consultations Provide Strong Mandate for Proportional Representation #ERRE

Canadians Deserve Better -Proportional Representation - on Canadian Flag background
This is the twenty-sixth article in the Whoa!Canada: Proportional Representation Series

Electoral System with Majority Support
Mixed Member Proportional Representation
# of Votes 19,418
% of Votes 52.42
Total Valid Votes 37,040
Total number of votes required to achieve threshold 18,521

Eligible Electors 102,464

Voter Turnout 36.46%

Elections Prince Edward Island Plebiscite Results

PEI picks PR (Brigitte Werner's photo dedicated to the Public Domain with CC0)

I have no doubt that good media coverage helped the process along. The PEI Guardian endorsed Dual Member Proportional, the made in Canada system proposed by Sean Graham. I was able to include Sean’s system in my Electoral System Roundup, and  I know Sean made a presentation to the federal ERRE Committee.  His system may be a real solution for the wide open spaces problem faced when looking at Federal Electoral Reform.

Unlike previous electoral reform referenda in Canada, the PEI process did a pretty good job of informing voters. If you watch the video below and those that follow, you’ll see the array of very nice explainer videos put out by Elections PEI

The tiny province of Prince Edward Island has taken the first step in leading Canada toward better democracy.  Bravo!

back to FVC: Consultations Provide Strong Mandate for Proportional Representation #ERRE

Proportional Representation Series So Far:• Proportional Representation for Canada
• What’s so bad about First Past The Post
• Democracy Primer
• Working for Democracy
• The Popular Vote
• Why Don’t We Have PR Already?
• Stability
• Why No Referendum?
• Electoral System Roundup
• When Canadians Learn about PR with CGP Grey
• Entitlement
• Proportional Representation vs. Alternative Vote
• #ERRÉ #Q Committee
• #ERRÉ #Q Meetings & Transcripts
• Take The Poll ~ #ERRÉ #Q
Proportionality #ERRÉ #Q 
• The Poll’s The Thing 
• DIY Electoral Reform Info Sessions
• What WE Can Do for ERRÉ
• #ERRÉ today and Gone Tomorrow (…er, Friday)
• Redistricting Roulette 
• #ERRÉ submission Deadline TONIGHT!
#ERRÉ Submission by Laurel L. Russwurm
• The Promise: “We will make every vote count” #ERRÉ
FVC: Consultations Provide Strong Mandate for Proportional Representation #ERRÉ
PEI picks Proportional Representation #ERRÉ

 and don’t forget to check out the PR4Canada Resources page!


Image Credit:

iconic Public Domain Prince Edward Island Lighthouse photo by Brigitte Werner has been dedicated to the Public Domain via CC0

 


STOP #CETA: Lessons from Canada

Canadians are not clamouring for CETA.  My fingers are crossed; I’m one nice patient Canadian who hopes Belgium will hold fast and continue to refuse to sign the CETA (Comprehensive Economic and Trade Agreement).

I really don’t get why our Government is pursuing this Trade Agreement sought by the Harper Conservative Government.  Because the fact is, Canada has indeed suffered from “free trade” agreements, as pointed out in the Council of Canadians video below. I cannot comprehend why Canadian Governments are so willing to sign these things. Investor State Dispute Settlements are not good for democracy.

The Economist says:

IF YOU wanted to convince the public that international trade agreements are a way to let multinational companies get rich at the expense of ordinary people, this is what you would do: give foreign firms a special right to apply to a secretive tribunal of highly paid corporate lawyers for compensation whenever a government passes a law to, say, discourage smoking, protect the environment or prevent a nuclear catastrophe. Yet that is precisely what thousands of trade and investment treaties over the past half century have done, through a process known as “investor-state dispute settlement”, or ISDS.

— The Economist Investor-state dispute settlement: The arbitration game

There is a lot more information about why CETA as it stands in a letter written by a group of Canadian academics”

AN OPEN LETTER TO THE PARLIAMENT OF WALLONIA AND BELGIAN VOTERS ON THE PROPOSED CETA AND ITS FOREIGN INVESTOR PROTECTION SYSTEM

“To the Parliament of Wallonia and Belgian voters:

“We are Canadian academics with extensive collective expertise in investor-state dispute settlement (ISDS) and related issues under Canada’s trade and investment agreements. We are also among a small group of Canadian experts in this field who do not work in law firms or government as ISDS lawyers/ arbitrators.

img_5503“We write after reading news reports this past weekend about the scare tactics employed by Canadian politicians and business representatives in an effort to influence your legislative and government processes. We do not think that these voices represent accurately Canada’s experience under the foreign investor protection system that the CETA would expand. We are aware that many Canadians have expressed deep concern about this foreign investor protection system due to Canada’s experience with a similar system under the North American Free Trade Agreement (NAFTA) and in debates about the Canada-China Foreign Investment Promotion and Protection Agreement (FIPA), among other agreements.

“While we focus here on adverse consequences of the foreign investor protections in the CETA, we are also aware that the agreement will impose new constraints in many other areas of public policy beyond what we discuss. They include but are not limited to pharmaceutical regulation, public health, agriculture, government procurement, public services, labour rights, and market access. We note that other academics have raised significant concerns about the CETA in these areas.

“Since the NAFTA came into effect in 1994, Canada has been and remains the only Western developed country that has agreed to ISDS on a comprehensive basis while in the more vulnerable capital-importing position. In the case of NAFTA, Canada agreed to ISDS on this basis with the U.S. and Canada has since faced more foreign investor claims than all but a handful of countries, has paid compensation in response to numerous claims, and has altered government decisions or decision-making processes in order to accommodate foreign investor interests and to reduce risks of potentially massive liability.

“Business spokespersons who have defended these concessions of Canadian democracy and sovereignty often represent foreign companies in Canada or Canadian companies that may own companies abroad and be interested in bringing claims against Canada. It is perhaps understandable, though still very regrettable, that large businesses are keen to acquire special rights and special access to public money through ISDS.

“Reforms to ISDS in the CETA, relied on by Canadian officials to describe the CETA misleadingly as “progressive”, are inadequate to address major concerns about the CETA. The major concerns
include the undermining of democratic regulation, the special privileging of foreign investors, the lack of judicial independence and procedural fairness in the adjudicative process, and the lack of respect for domestic courts and domestic institutions. In particular, the “Investment Court System” (ICS) in the CETA does not remove the financial threat posed by foreign investor claims to democratic regulation, does not alter the unjustified and gross favouring of foreign investors over anyone else who has a conflicting right or interest, and does not establish a proper court with the usual safeguards of independence and fairness.

“These problems with the CETA’s foreign investor protections remain outstanding, despite the recent Joint Interpretive Declaration issued by Canada and the EU (in all of the various forms in which that Declaration became public).

“We are heartened that your democratic processes in Wallonia have allowed for close and careful consideration of the CETA’s flaws as part of a genuine and thoughtful debate. We wish Canadians had been permitted to have a similar debate based on a vote in Canada’s Parliament and provincial legislatures, but that has not been the case under the Harper government or the Trudeau government. In contrast to the views expressed undiplomatically by some Canadian politicians and business representatives, it appears to us that Belgian democracy has been exercised responsibly, as it should be, to allow parliamentary votes on the quasi-constitutional structures created by foreign investor protection agreements like the CETA.

“In Canada, our democracy has suffered because the federal government has insisted on pushing through agreements like the NAFTA and the CETA without legislative votes at the federal and provincial levels. As a result, and without the corresponding endorsements by our elected representatives, we have been left with a foreign investor protection system that binds all levels of government and that will bind all future elected governments in Canada for a very long time. Our experience hints at the dangers faced by European democracy in the case of the CETA. Whatever decisions you take, we urge you not to succumb to the same types of tactics used to mislead and scare Canadians into undermining our democracy on behalf of foreign investors. Canada and the European Commission have been aware for years that the CETA faced significant public and academic opposition due to its foreign investor protections. Yet they declined to remove these non-trade elements from the CETA.

“In a context where there is no credible justification for including ISDS or ICS in the CETA – given the greater reliability, independence, and fairness of Canadian and European democratic and judicial processes – it still surprises us how big business groups and governments acting on their behalf ferociously cling to such a deeply flawed and undemocratic model. In case they are of interest, we have noted below a few additional documents indicating concerns with the foreign investor protection system. We have also listed a larger sample of relevant publications by the signatories.

“From what we can see, you have shown great courage in opposing the CETA and, based on our observations of how the foreign investor protection system has been pushed on Canadians over the years, we wish to express our support for your democratic choices.”

The original letter including the complete list of signatories and links to supporting documents can be found On the European side you need look no further than the FFII blog, whose most recent article is, “A deceitful attempt to get CETA signed”

If all of this is too highbrow to grasp in one sitting, check out BUZZ FEED: The Court That Rules The World

The point is really that CETA is a bad deal for citizens on both sides of the pond.

Michael Geist has been talking about (and highlighting the flaws in) “trade deals” like CETA for years, so I’ll leave the last word to him: CETA Failure Reflects Public Rejection of Sweeping Trade Deals: Don’t blame EU unreasonableness for saying no to bad agreement with Canada.