Long-term Canadian expats lose right to vote, court decides

Good call and passes the common sense test.

In a split decision, the Court of Appeal overturned a ruling that had restored the right of more than one million long-term expats to vote.

Canada’s “social contract” entails citizens submitting to laws because they had a voice in making them through voting, the ruling states.

“Permitting all non-resident citizens to vote would allow them to participate in making laws that affect Canadian residents on a daily basis but have little to no practical consequence for their own daily lives,” Justice George Strathy wrote for the majority court.

“This would erode the social contract and undermine the legitimacy of the laws.”

Strathy said the relevant part of the Canada Elections Act aimed to strengthen the country’s system of government. While it infringed on the rights of the expats, he said, the infringement is reasonable and can be justified in a free and democratic society.

Two Canadians living in the United States — Montreal-born Jamie Duong and Toronto-born Gillian Frank — launched the constitutional challenge, arguing the five-year rule was arbitrary and unreasonable. Both argued they had only left for educational and employment opportunities and still had strong attachments to Canada and a stake in its future.

In May last year, Superior Court Justice Michael Penny threw out the voting ban, noting that mass murderers have the right to cast ballots but long-term expats who care deeply about the country do not. Penny also said expats could well be subject to Canadian tax and other laws.

The Appeal Court said Penny’s judgment was clouded by the government’s assertion that expats “do not have the same connection” to Canada as residents.

“This caused the debate to be cast as whether non-resident citizens were worthy of the vote,” said Strathy. “As a result, he overlooked Canada’s democratic tradition and the importance of the social contract between Canada’s electorate and Parliament.”

Long-term Canadian expats lose right to vote, court decides – The Globe and Mail.

‘White People’: MTV Takes On White Privilege – The Daily Beast

Looks like an interesting and needed doc:

“It was hard, but this was goal from the very beginning with MTV: ‘How do we create a space that’s judgment-free, that allows these young white people to say how they feel?’” continued Vargas. “The moment you hear ‘white fragility’ or ‘white privilege,’ people think of a very intellectual, academic thing. They think of the academic work that surrounds this kind of study—but how do you make that accessible? How do you say ‘white privilege’ without having someone just roll their eyes and say, ‘Stop making me feel guilty, slavery’s over, I didn’t do that to the Native Americans?’ That’s why it was important to me that we made the film the way that we did. We’re not letting them get away with anything, I’m constantly questioning and probing, but it’s about holding people accountable without letting them shut down.”

Vargas references Katy, the young white woman he spoke with who believes that people of color are hogging all of the scholarships. Vargas genuinely appreciates the way that Katy was able to open up and be honest about her feelings—it allowed for an authentic documentary experience, and also gave him the opportunity to redress a misconception that many young people hold.

“We wanted to make a film that creates a space where we can hear people,” said Vargas. “I traffic in empathy. That’s what I do. To me, the reaction just proves how necessary this documentary is. Talking about race is hard enough—the moment you start racializing white people, that’s really hard for people. Many white people are so not used to seeing themselves as a race, as a race to be questioned and dissected and explored. Think about Soledad O’Brien specials on being black in America, Asian in America…we’re thought of as the other. But to people of color in America, white people are the other. We’re standing there going, ‘Do you know what you’re saying…do you see yourself…do you know what’s going on?’”

Despite its empathetic treatment of its young white subjects, White People does not validate its cast’s feelings, especially when they’re factually inaccurate. Vargas does not treat racism or racial ignorance lightly. Discussing the black lives matter movement, he notes how so many white people took to social media to rebrand the hashtag as “All Lives Matter,” despite the fact that #BlackLivesMatter is a response to a criminal justice system created by white people for white people. In light of painfully common incidents like these, one can read White People not just as an anthropological study, but as a step towards reeducation—a move against the brand of sheer ignorance that gave rise to the all lives matter counter-reaction.

‘White People’: MTV Takes On White Privilege – The Daily Beast.

This Ruling Could Change Online “Free Speech” Forever

On internet harassment and hate speech, and the Canadian court case that is attracting attention:

The law itself is still trying to understand how the Internet works. Consider a recent case in Canada that’s about to get a ruling. It may be the first case in the country of alleged criminal harassment solely via Twitter.

While we don’t have the full details, previous articles on this case convey that women expressed concerns of harassment when a man they blocked continued to interact with them. Regardless of being blocked, his comments at and about them continued, escalating to the point of concern when he commented on locations they apparently visited.

What’s interesting to note, however, is how The National Post phrases this:

“The graphic artist and father of four lost his job shortly after his arrest, which was well-publicized online, and if convicted, could go to jail for six months…These are astonishing repercussions given it’s not alleged he ever threatened either woman (or any other, according to the testimony of the Toronto Police officer, Detective Jeff Bangild, who was in charge) or that he ever sexually harassed them.”

Notice what the Post thinks are the only reasons worth being punished for: threats and sexual harassment. This is a thorough misunderstanding of what constitutes online harassment and the many ways it can and does occur. Worse, it completely ignores the effects it has on targets.

Consider, for example, the teen hacker who recently pleaded guilty to 23 charges relating to online harassment. More importantly, consider his targets. As Wesley Yin-Poole writes:

“[The teen hacker] would…post personal contact information [of victims] online and repeatedly call victims late at night…Victims ranged in location from B.C. to states across the US, including Minnesota, Utah, Arizona, Ohio and California.

One woman, a student at University of Arizona in Tucson, was forced to drop out of her course due to the teen’s continued harassment. Armed police were called to her house twice within the same week, and family members were removed from the home at gunpoint.”

None of this required sending threats or expletive-filled messages directly to the targets. But we already know this: Stalkers leave letters filled with adoration; catcallers shout out what they consider to be compliments to women.

And harassers are the ones often protected by the current nature of the Internet. As WHOA (Working to Halt Online Abuse) notes: “The very nature of online crimes means that we have little information regarding the harassers, as most victims either don’t know their harasser or do not know enough information about them for us to record.”

This Ruling Could Change Online “Free Speech” Forever – The Daily Beast.

Multiculturalism in Canada: Evidence and Anecdote – Detailed Table of Contents

For those interested, the detailed table of contents provides a sense of the scope and depth of the book.

Multiculturalism in Canada Detailed Table of Contents (pdf)

Book is on track to be out in early August.

La radicalisation des intellectuels noirs

Interesting piece on how the views of prominent Black intellectuels have become more radical and challenging, citing Ta-Nehisi Coates as an example:

L’insistance de Ta-Nehisi Coates à parler des sujets qui fâchent le distingue nettement de la génération précédente. Les identités étaient alors pensées dans leur pluralité, et non dans leur singularité, et le multiculturalisme devait pouvoir les réconcilier. Un nouvel ordre politique devait naître de la collaboration entre minorités par la défense d’intérêts communs. La large coalition qui permit l’élection de Barack Obama, en novembre 2008, confirmait cette thèse et signait l’entrée des États-Unis dans une ère postraciale où les discriminations, sans être tout à fait vaincues, étaient du moins significativement atténuées.

Hélas, le multiculturalisme, s’il a banalisé l’idée de diversité, n’a pas mis fin au racisme. Et c’est ce que Ta-Nehisi Coates estime nécessaire de rappeler à la majorité blanche. L’égalité devant la loi, obtenue dans les années 1960 par le mouvement des droits civiques, ne suffit pas. Le rappel de cette triste vérité est au coeur du nouveau radicalisme noir. Sur le plan des idées, l’intégration politique des descendants d’esclaves passe au second plan pour revenir à une question primordiale : la dignité des personnes noires. Ta-Nehisi Coates et plusieurs intellectuels interpellent donc aujourd’hui directement l’Amérique blanche pour lui demander une pleine reconnaissance des violences subies hier comme aujourd’hui. Le philosophe Chris Lebron et le politologue Fredrick C. Harris ont tenu des positions similaires dans le New York Times et la revue Dissent. La juriste Michelle Alexander avait en quelque sorte préparé le terrain, il y a deux ans, en publiant un livre dénonçant l’incarcération massive des hommes noirs, qu’elle assimilait à une nouvelle ségrégation.

La radicalisation des intellectuels noirs | Le Devoir.

Federal government appoints panel to review assisted dying but critics fear bias

For an issue so sensitive to both sides of the debate, a more balanced panel would have been more appropriate:

The panel, announced Friday by Justice Minister Peter MacKay and Health Minister Rona Ambrose, will conduct online consultations with Canadians and “key stakeholders” on possible options to the high court’s ruling. It is to report back to the government by late fall, likely after the October federal election.

The panel will focus on which forms of assisted-dying should be permitted — assisted suicide, where a doctor prescribes a lethal dose of a drug the patient takes herself; and voluntary euthanasia, or death by lethal injection — eligibility criteria and safeguards to protect a doctor’s “freedom of conscience” not to participate against his or her moral or religious objections.

Chochinov’s fellow panellists are disability rights lawyer Catherine Frazee, professor emerita at Ryerson University and former chief commissioner of the Ontario Human Rights Commission, and Benoit Pelletier, an expert in constitutional law at the University of Ottawa and former Quebec cabinet minister.

Both Chochinov and Frazee were witnesses for the B.C. government in the original case that eventually made its way to the Supreme Court.

… The B.C. Civil Liberties Association, which filed the original lawsuit that led to the landmark ruling, said the government appointments to the panel hint of bias.

“Two of the three members of the panel were actually witnesses for Canada in the case against physician-assisted dying,” said Josh Paterson, executive director of the civil liberties group.

“They’re people who are deeply engaged in the fight to stop physician-assisted dying from being recognized as a right in Canada.”

“I have nothing but respect for either of them in terms of their credentials, and as individuals. But their majority on the panel does for us raise questions on the appearance of bias. There’s just no getting around it.”

Federal government appoints panel to review assisted dying but critics fear bias

Emma Teitel’s advice to gropers and the Washington Redskins

On those who feel the need to cling to racist symbols and labels (Confederate flag, Washington Redskins), good piece by Teitel:

But team owners, convinced of their moral superiority, intend to appeal the decision right away. In fact, they maintain, in the words of team president Bruce Allen, “the facts and the law” are on the side of their franchise, which “has proudly used the name Redskins for more than 80 years.” Team owner Dan Snyder, employing the logic of the party-groping apologist above, argues that the Redskins name is complimentary to Native Americans. “The Washington Redskins fan base represents honour, represents respect, represents pride,” he said last year. To illustrate this point, Snyder has pointed repeatedly to Native Americans who are linked, positively, to the team’s history: The franchise was named after William Henry “Lone Star” Dietz, its first head coach, who claimed he was of Native American descent. (Some contest his claim.) And Walter “Blackie” Wetzel, a former president of the National Congress of American Indians, helped to develop the Redskins logo.

Snyder’s historical justification for the team’s name, applied to the groping scenario described above, amounts to this: “You may not be happy that I groped your rear end, but I assure you that my grope was a compliment, justified by the long and storied history of groping—one full of women who are reported to have relished the occasional uninvited pinch on the tush.”

It takes a special kind of ethical blind spot to dismiss the feelings of a present-day offended party because someone else, long dead, saw it your way. “Redskins” is, plain and simple, a racist term, as racist as any ethnic slur under the sun. If we wouldn’t celebrate a sports team called the (insert bigoted, derogatory term here), we should not celebrate this one. But it appears that slurs used to denigrate certain groups (see Native Americans) are taken less seriously when white nostalgic pride is at stake.

Snyder and company would do well to follow the lead of the white Texan man who reportedly had his Confederate flag tattoo removed when, in the wake of the Charleston shootings, he saw an elderly black woman grimace at the sight of it.

When faced with the distress the symbol on his arm caused another human being, nostalgic pride seemed suddenly crude and insignificant. This is the reaction of a normal, compassionate person. Worshipping a controversial flag or insignia doesn’t make one automatically bad or bigoted. People make mistakes; nobody is born enlightened. But continuing to worship such a symbol despite the harm it causes others? Clinging to your racist flag or jersey with a passion and intensity most people reserve for their loved ones? That’s more than a little weird. It’s scary.

Emma Teitel’s advice to gropers and the Washington Redskins.

‘It’s classic wedge politics’: Tories continue to tout niqab ban as battle heats up in court of appeals

More on the electoral aspects:

Late last month, Prime Minister Stephen Harper told a crowd in Quebec voters have told him, “We want new citizens to take the oath with their faces uncovered.”

“It’s classic wedge politics” that distinguishes the Conservatives from the other parties, said Emmett Macfarlane, a political science professor at the University of Waterloo. Even if it turns out to be a losing issue legally, it may be a winning issue politically.

“This plays well with the Conservative base. Despite the party’s success with new immigrants and ethnic communities … and spearheading connections to those communities, a lot of the base still has a view that minority cultures have inappropriate practices.”

Various polls have shown that a strong majority of Canadians agree people should show their faces during citizenship ceremonies.

“It is a common-sense view … and has resounding support in Canada,” said Salim Mansur, a political science professor at Western University in London, Ont.

The policy was introduced in December 2011 and is grounded in the belief citizenship applicants must be seen to be saying the oath. Those who refuse to remove facial coverings will not receive their citizenship.

‘It’s classic wedge politics’: Tories continue to tout niqab ban as battle heats up in court of appeals.

Foreign students denied work permits over ‘distance learning’

Interesting example of how regulations have to respond to technological and business model changes (my bias is for physical over virtual presence as a means to obtain Canadian experience):

Foreign graduates from Niagara College who have taken many of their courses online are faced with having to leave Canada early because they’ve been deemed ineligible for post-graduate work permits.

With online courses becoming an increasingly mainstream part of higher education, their exclusion from the three-year work permit program for new graduates — meant to retain the talents of the best students coming to Canada — raises questions about how well immigration policy is adapting to evolving technologies.

The students in the school’s general arts and sciences program had high hopes of earning Canadian work experience after their study visas expired, given that the school is listed on Citizenship and Immigration Canada’s “designated learning institutions list” for the work permit program.

But they were told their studies failed to meet the requirements because the bulk of their classes were conducted online and considered “distance learning.”

“Immigration is not keeping pace with the changes of education,” said Toronto immigration lawyer Ravi Jain, who is representing more than 50 of the affected students. “These are highly attractive programs, and (foreign) students have to be careful about these online programs.”

Although the Immigration department states on its website that distance learning is ineligible for post-graduation work permits, it does not define what constitutes distance learning. Complaining students said the Niagara College program delivered three-quarters of its course work online, but they had to attend the program in-class at least once a week.

“We all came with a dream of getting a good education and getting work experience, and we made sure our school was recognized by immigration,” said Jagrit Sahni, 25, whose study visa expired in May.

“We checked with the college when we applied. It said we would qualify for a three-year work permit under the current immigration rules.”

Foreign students denied work permits over ‘distance learning’

At one federal department, office pals are risky business

Does seem like NRCan has gone overboard:

The survey has been greeted with disbelief, concern, and some anger within an already demoralized workforce, says a civil servant within NRCan. “It starts off pretty reasonably, but then gets into personal items, such as having friends at the office.”

Employment-law specialists express surprise at that personal focus: “It’s more reaching, in terms of questions about friends and family and advocacy than corporate codes of conduct,” says Toronto lawyer Kumail Karimjee, who speculates that inquiries about family and friends could violate human rights codes. Political neutrality is a tenet within civil service—particularly in the top tier, says Karimjee, who used to work for the Ontario government and encountered a similar requirement there. “I had these sorts of political restrictions. I found it a bit over the top, but this strikes me as worse. It’s ‘Give us all this information and we’ll decide.’ ” The focus appears to be on the employee, not on what constitutes conflict and how to navigate it, he says, unlike corporate conflict codes, which spell out conflict-of-interest situations. “This isn’t that,” he says. “It’s saying, ‘You’re on this spectrum.’ ”

For instance, being “an adjunct professor,” or teaching “at a postgraduate level” is “high risk,” whereas teaching at a “postsecondary (but not postgraduate) level” constitutes a “moderate risk.” While the government says this has to do with balancing other commitments, it may come across as a bias against academics. The NRCan spokesperson explains that, “in cases involving adjunct professorships, it’s important for the employee and the manager to agree on details, including time spent in class and preparing course material.”

Wichers-Schreur points out that having a high public profile, including professorships, is directly linked to scientists’ and researchers’ salary and professional reputations: “Things like being an adjunct professor, or having worldwide recognition, or speaking at conferences, plays into how much money they earn and move through the pay grid,” she says. “The higher their level of recognition and productivity, the more value they are—or were, in the old days.” She’s not sure what’s behind the new classifications: “It’s not clear whether the government is trying to control costs through this measure by maintaining a lower level of compensation for research sciences, or whether this is another way of controlling their access to the broader scientific population or the public,” she says.

… Within NCRCan, many see the Employee Confidentiality Report as a waste of time and taxpayers’ money. The mandatory information session is 2½ hours long; filling out the form takes another half-hour, which adds up to more than 11,100 department man hours. In addition, there’s the time managers spend evaluating each form and reporting suspected problems, as well as on interviews with the employees. The erosion of morale could cost even more, says one staffer.

Some wonder if the whole exercise is redundant. “It’s amazing they are evaluating trustworthiness using an email survey, when all of these people have signed an oath to the Queen,” says a former NRCan staffer. “And most research scientists have an enhanced level of security clearance.” He questions the pre-election timing. NRCan is a front line of climate-change policy, he notes: “I’m wondering if this survey is coming up now, because people within the department have the potential to say things that could embarrass the government.” Ironically, now, they don’t have to say anything; the questions raised by the survey speak for themselves.

At one federal department, office pals are risky business – Macleans.ca.