Protecting academic freedom in international partnerships

Some valid suggestions to reduce foreign government influence:

We live in an age of academic internationalisation, especially pronounced in the United Kingdom. This has in many ways been a good thing. 

It has become more common for research institutions across the globe to establish collaborative research and joint degree programmes, often hugely benefiting research and teaching. Individual scholars and students travel more easily and frequently today, too, and their ideas and arguments travel with them. 

Moreover, even when physical travel is interrupted, as it is at the moment, academic communities can interact and stay connected remotely. 

But internationalisation has also produced new risks, especially in the context of engagement, exchange and collaboration with non-democratic countries. 

In an age of ‘democratic retrogression’ and deepening authoritarianism affecting many countries, many members of the global academic community face growing challenges – including censorship and travel restrictions, disciplinary measures and dismissals, criminal prosecutions and even physical attacks, as has been well documented by Scholars At Risk and other groups. 

Such repression has become increasingly internationalised, not only because repressive governments can extend threats and censorship across borders, but also because marketised funding structures, the casualisation of academic work and an opportunistic approach to building global ties have made academic actors within liberal democracies more vulnerable – and sometimes less willing to stand up for academic freedom and integrity. 

This is the case, for example, when universities take funding that comes with strings attached or raises concerns about the donor’s political goals or when academic publishers decide to accept censorship instructions from autocratic governments, apparently for commercial reasons. 

Exporting repression

Against this background, we must be concerned about the terms of our engagement with academic institutions abroad, as well as about repressive governments and institutions’ ability to ‘export repression’ in the field of academia.

At a time when the global pandemic has changed academic life beyond recognition for many of us in the UK and globally, and as we are already overburdened with the challenges arising immediately from COVID, we may feel reluctant to engage with further, more long-term challenges. 

Yet, as members of the recently established Academic Freedom and Internationalisation Working Group (AFIWG) in the UK, we feel that the challenges posed by academic internationalisation must be dealt with without delay – and, indeed, that the pandemic has exacerbated some of these challenges, for example, by making us more dependent on online communication.

Universities could respond in several ways. Denial – such as that by the Chair of Million Plus group of universities, Bill Rammell, in his evidence to the Foreign Affairs Committee (FAC) of the House of Commons in 2019 – is no longer tenable. 

An auditing response of generic and top-down reporting requirements, which spread like viruses through UK higher education, are also unlikely to touch conditions on the ground. 

Similarly, the notion that universities must “sensitively balance the need to uphold academic freedom with the importance of internal academic collaboration”– as suggested by then Universities UK president Janet Beer in her letter to the FAC – is equally inadequate and betrays a fundamental misunderstanding of the value of academic freedom. 

Faced with such inertia, the UK government, including its security agencies, have pressed British higher education to develop security guidelines and risk management strategies. In guidance just released, Universities UK finally addresses these concerns with academic freedom considered among a range of objects and values to be defended, including intellectual property and “national security”.

A new code of conduct

However, while there may be a need for draconian measures in rare cases, a national security approach is largely inappropriate as it is founded on false premises. 

UK universities are not national institutions under threat, but global institutions so thoroughly internationalised that any attempt to cut them off from foreign influence may make the problem worse. 

It would feed the narrative of some authoritarian states that they are vehicles of British ‘soft power’ against their values and even Trojan horses for spying researchers. 

A far better response is for a bottom-up process led by academic staff, supported by students, civil society and unions. 

The AFIWG has composed a Draft Model Code of Conduct for UK higher education institutions to bestow duties on them to protect their academic communities at home and abroad and be transparent and accountable to their members. 

It is a draft and a model so it can be revised in the coming months of consultation and adapted from the minimum standards enshrined in the model.

These minimum standards include a stipulation that universities must undertake meaningful risk assessment and due diligence when transnational collaboration is being considered before any agreement or arrangement is begun. 

In particular, they must ensure memorandums of understanding (MoUs) on international partnerships, including foreign campuses and the affiliation of foreign education or research institutions to UK higher education institutions within the UK, are subject to consultation across the university.

With regard to protecting their staff and students overseas, universities must evaluate academic freedom and the risks associated with its absence, as when planning fieldwork and field trips abroad, and make available enhanced travel insurance to cover politically motivated or arbitrary detention by state authorities.

On campuses at home, universities should ensure that academic freedom requirements, including personal data protection for these members of the academic community, are incorporated within all MoUs with state scholarship programmes. Vice-chancellors and their gifts committees must make all MoUs and summary information on all foreign donations public.

A system of confidential and public reporting is required to enhance protection and accountability. UK universities should establish a confidential and independent internal reporting mechanism to a designated individual on campus for cases or issues of concern, while serious cases and issues, including all those involving a threat to the welfare of the complainant, should be passed to a new, independent ombudsperson.

An academic freedom model in authoritarian times?

This is a model and draft which may have relevance far beyond the UK. It is designed to be revised via debate on campus among staff and students and adopted according to minimum conditions. The duties it imposes are on universities’ leaders – not on staff and students who may be vulnerable themselves. 

But there is a risk. If vice-chancellors pass down the code of conduct in the form of new and onerous auditing requirements for staff, or if governments make them matters of national security, academic freedom will be weakened, not strengthened. The way to protect academic freedom is for universities to be held to account by their academics and students. 

We must use our freedom before we lose it. 

John Heathershaw is professor of international relations at the University of Exeter, United Kingdom. Eva Pils is a professor of law at King’s College London, UK.

Source: https://www.universityworldnews.com/post-nl.php?story=20201015062104681

Mason: It’s time to kick the Confucius Institute out of Canada

Hard to disagree:

In its 2019 annual report, the National Security and Intelligence Committee of Parliamentarians documented an array of efforts by foreign powers to exert a corrosive influence over other countries, including this one.

To little surprise, the People’s Republic of China was identified as one of the worst offenders.

The report drew particular attention to a PRC law that directs all Chinese entities and individuals to contribute to state security and co-operate with intelligence services. The edict, the document noted, extends to Chinese groups and individuals operating outside the country.

It’s an all-encompassing doctrine fundamental to the country’s approach to statecraft, one rooted in the belief that there are two ways to gain power and influence over others: weapons, and language and culture.

Which brings us to the Confucius Institute.

This week, The Globe and Mail published yet another disturbing story about how Beijing is using these Chinese-backed educational operations for potentially nefarious means. E-mails and other documents obtained by The Globe verify what has long been suspected: There is far more going on at these operations than simply teaching Mandarin.

The records show that Beijing-based Confucius Institute administrators demand reports from those running their operations abroad on “external affairs,” including local political activities. It documented the control that the Communist Party exerts over the curriculum. The Globe watched a video of children at an institute in the Metro Vancouver city of Coquitlam standing in their classroom, pumping their fists and chanting: “I am proud! I am Chinese!” It could have been any classroom in Shenzhen.

Administrators in this same school district have come under fire in the past, for taking all-expenses-paid junkets to Beijing and other cities courtesy of the Chinese government. Students have also made these trips, which are intended to allow these folks an opportunity to witness firsthand all of the wonderful and joyous things the Chinese government is doing for its people.

It’s doubtful that any recent tours have included stops at the prisons where Canadian hostages Michael Spavor and Michael Kovrig are being kept. Or the detention camps where the Chinese government has rounded up innocent Muslim Uyghurs. But I digress.

But not everyone sees the Confucius Institutes as innocently as school administrators in Coquitlam and elsewhere do. Several school districts, including in Toronto, have long since terminated their relationships with the organization, as have a few Canadian universities; New Brunswick plans to do the same by 2022. This has become a trend in the United States as well, where a number of colleges have said farewell to Confucius operations on their campuses.

The alarms down south have been sounded both by academics and top security officials. FBI director Christopher Wray testified before Congress in July, 2019, that the institutes offer the Chinese government a platform to disseminate “Communist Party propaganda, encourage censorship and to restrict academic freedom.”

This spring, meanwhile, Sweden became the first European country to shut down all CI operations in that country. While the government there had the same concerns about the institutes being mere propaganda arms of the Chinese government, it was also unquestionably influenced by the unjust detention of Swedish bookseller Gui Minhai, who was sentenced to 10 years in a Chinese jail for selling texts that were critical of President Xi Jinping.

It’s appalling that we, in Canada, allow Confucius Institutes to operate under the present circumstances. We have no laws or protections to force organizations acting in the interest of foreign powers to be registered and accountable. The United States, for instance, recently demanded that any Confucius Institutes that remain in the country register as a foreign mission. This means they must submit reports about their funding, personnel, curriculum and other activities. The Chinese government was furious.

In 2018, Australia passed the Foreign Influence Transparency Scheme Act, which forces foreign-controlled entities to be much more accountable about their activities. It’s a law we should be bringing in here to thwart the unfettered access foreign governments seem to have in this country.

I fully support teaching the Chinese language and Chinese history in our schools. But we should fully control that curriculum, at any level. It should not be provided by others, especially by agents of a corrupt, oppressive regime that has kidnapped two of our countrymen in a subversive act of hostage diplomacy.

Under the present circumstances, there is no shame in saying that the Confucius Institute is not welcome here. The shame is that it still is.

Source: https://www.theglobeandmail.com/opinion/article-its-time-to-kick-the-confucius-institute-out-of-canada/

Gal Gadot as Cleopatra in new movie about Egyptian queen is causing misplaced outrage

Always useful to have historical and social context, rather than contemporary reflexes only:

I was happy for two reasons when I heard earlier this week that Israeli actress Gal Gadot had been tapped to play Cleopatra in her latest Hollywood incarnation. First, she’s a star who could help popularize the legendary queen in a rare female-directed blockbuster. Second, like myself and Cleopatra, she’s from the Middle East. I celebrated this fact with my partner, a fellow Middle Easterner from Lebanon and Turkey, who was excited in the same spirit of regional solidarity.

Claims that the casting was another example of “whitewashing” had an amusing side to them since no one seemed to agree on what exactly the acceptable ethnic origin for the actress playing Cleopatra is.

But we knew controversy was soon to follow given the demands of the current social climate that roles only be played by a person of the same ethnicity as the character. In this case, though, claims that the casting was another example of “whitewashing” had an amusing side to them, since no one seemed to agree on what exactly the acceptable ethnic origin for the actress playing Cleopatra is: North African, African, Arab and Egyptian were suggested. In other words, anybody from the region except Jewish Israelis.

The controversy shows a misunderstanding of history and an unfortunate persistence of racialized thinking about both Gadot and Cleopatra, two women born some 2,000 years apart in two relatively close parts of the Eastern Mediterranean. The fact that neither one’s background can be easily distilled shows why it’s wrong to insist that artists fit rigid identity boxes to qualify for a role and to treat historical figures as markers in our modern-day divides, rather than celebrating individuals for their talents and civilizations for their diversity. To do otherwise denies humanity its rich multicultural heritage.

“Was Cleopatra white?” is an essentially meaningless question since categories and morphologies of race in the United States of 2020 are not those of 1st century B.C. Egypt. And they are particularly inappropriate given that Cleopatra and the region she dwelled in were defined by a breathtaking array of cultural mixing — something the critics of her casting would do well to remember.

When Cleopatra was born in 69 B.C., her birthplace of Alexandria was the capital of Egypt’s Ptolemaic Kingdom. Though located on the southern side of the Mediterranean, the ruling monarchy was rather conscious of its Greek origins and wanted to maintain that cultural status; intermarriage with the native Egyptians was forbidden in Alexandria and other cities, although this wasn’t always observed.

The kingdom was part of the effervescent Hellenistic Eastern Mediterranean in which Cleopatra’s mother tongue, Koine Greek (the standardized dialect of Athens), was the lingua franca for the exchange of goods and ideas. The dynasty she was born into had been founded about two centuries earlier by its namesake Ptolemy, a companion of Alexander the Great whose conquests from Egypt to India laid the foundations of the Hellenistic world. The kingdom’s diverse people included Egyptians, Nubians, Syrians, Celts and Jews, some of whom would occasionally be granted the coveted status of Greek elites.

On her father’s side, Cleopatra was an eighth-generation descendant of Ptolemy. The identity of her mother has never been verified, giving rise to speculations that she might have been a native Egyptian or perhaps had some Iranian or Syrian heritage.

Either way, the debate over her DNA misses the much more interesting part of Cleopatra’s biography and the mix of worlds she encompassed by nurture if not nature. Although she had been born into an Alexandria with segregation between the ruling Greeks, native Egyptians and other ethnic groups such as Jews, her own outlook defied this rigid separation.

When Cleopatra came to the throne jointly with her brother in her late teens, Cleopatra became the first-ever Ptolemaic ruler to fluently learn the local Egyptian tongue. (The language is now extinct, but a form of it was spoken until around the 16th century and is now preserved as the liturgical language of Egypt’s Coptic Christian minority.)

Cleopatra also dressed and styled herself like an Egyptian, elevated Egyptian religious practices and identified herself with the Egyptian goddess Isis. If we are to believe the tall tales of her first-century Roman biographer Plutarch, she not only possessed an “irresistible charm” but spoke fluent Ethiopian, Arabic, Syriac, Parthian and Hebrew (one thing in common with Gadot, at least.) This probably exaggerated multilingualism wasn’t due to linguaphilia but her self-nativization attempts to help spread her authority in the region, challenged as it was by the might of Rome.

Ironically, her origins were the subject of conversation then, too. Her Roman opponents inflicted racist scorn on her, with Roman ruler Augustus deriding her as an “Eastern courtesan” and Latin poets Horace and Virgil speaking of her as a conniving “oriental.”

The black-and-white thinking that confines Cleopatra and Gadot to racial boxes ignores the complexities of human commonality and community. Gadot can indeed be a white-passing actor in the U.S. while also being a fellow Middle Easterner to Iranians like me, despite the unfortunate conflicts that pit our nations against each other. Someone who celebrates her origins from a “small country in the Middle East,” Gadot is certainly as fit as anyone to play Cleopatra — their hometowns are only a half-day’s drive away, after all.

The knee-jerk anxiety about unmatched ethnicities of actors and characters is understandable. The history of cinema is full of hurtful portrayals by white actors, ranging from the gruesome blackface donned by Al Jolson in the landmark sound film “The Jazz Singer” to Mickey Rooney’s infamous Mr. Yunioshi in “Breakfast at Tiffany’s” to Alec Guinness’ anti-Semitic Fagin in “Oliver Twist.” But the problem with these portrayals is their demeaning caricaturization — something that no one expects in the coming Cleopatra film.

Meanwhile, if we are to truly expand representation on screen, maybe we can look at some other ancient female leaders? How about a film on the 2nd century B.C. Nubian Queen Shanakdakhete, who reigned in today’s Sudan? Or a biopic on the 1st century A.D.’s Musa? Believed to be he first woman to have ever ruled Iran, she was originally an Italian slave gifted to the Parthian monarch of Iran by Augustus, the very tyrant who defeated Cleopatra. Maybe we can fictionalize history and watch her rise and take revenge for Cleopatra? I’d watch Iranians and Italians fight over who gets to play her any day.

Source: Gal Gadot as Cleopatra in new movie about Egyptian queen is causing misplaced outrage

When Covid-19 rules are flouted by ultra-Orthodox Jews, it isn’t anti-Semitism to call it out

Of note:

As authorities scramble to confront a second wave of Covid-19 building across America, anger is mounting against government efforts to stop the spread within a population among those hardest hit by the pandemic: the sprawling ultra-Orthodox Jewish community of metropolitan New York.

For the ultra-Orthodox to complain that they’re being discriminated against when they come under extra scrutiny is essentially to complain that it’s anti-Semitic to notice what they’re doing.

With the pandemic in its eighth month and restrictions cutting into the religious practices of the tight-knit, strictly observant subculture, it’s understandable that weariness and impatience would set in. Unfortunately, that’s leading to a growing sense in the community that it is being singled out unfairly for deprivation of its religious rights, often accompanied by open complaints of anti-Semitism as the cause for the lockdowns.

It’s a dangerous misperception, for both the ultra-Orthodox and their neighbors. The virus doesn’t single out groups by religion, race or national origin; it’s an unbiased scourge. Nor are New York officials’ containment efforts guided by any such bigoted motives. Enforcement goes where the germs are. And the germs, tragically, are hitting ultra-Orthodox Jews with special fury.

From the beginning of the crisis in March, densely populated ultra-Orthodox neighborhoods in Brooklyn, Queens and key suburbs emerged as leading viral hot spots in hard-hit New York. Their outsize vulnerability was due in large part to a traditional religious culture built on a continuous cycle of obligatory, large-scale gatherings for prayer, study, weddings and funerals, all cherished rituals that can and apparently did serve as super-spreader events.

Compounding these risks has been the mundane physical structure of the insular ultra-Orthodox lifestyle, built on large families’ living in cramped homes packed into dense neighborhoods, making social distancing extraordinarily difficult.

But because those are religious obligations and cornerstones of their Jewish identity structure, government-mandated lockdowns and social distancing can and too often did look from an ultra-Orthodox perspective like government assaults on the religion itself.

It might seem surprising that the community’s behavior hasn’t been dictated from start to finish by the fundamental Jewish principle known as “protection of human life” — the commandment that nearly all religious rules be suspended if a human life is the balance. And, indeed, while many respected rabbis urged members of the community to follow that guidance, it appears that the principle was hard to visualize when the threat wasn’t an enemy gun or a car crash — events that Jews regularly violate religious restrictions to address — but an invisible bug.

That difficulty wasn’t helped by a small but influential minority within the community that has been nodding toward a competing principle — that of sanctifying God’s name by openly defying oppressors’ bans, even at risk to one’s own life and limb. While rarely stated aloud right now, this notion has been encouraged by a handful of well-known rabbis, most of them Israelis with strong followings in the United States, and, more subtly, by a deep-seated distrust of the modern world and its dictates, which often take the form of medical directives.

After a long spring of cat-and-mouse police chases after clandestine synagogue services and other attempts by the ultra-Orthodox to evade quarantine, followed by the summer slowdown in infections, the New York City health department reported startling new statistics in late September showing that certain neighborhoods in Brooklyn and Queens, most of them featuring large ultra-Orthodox populations, were reporting virus test results averaging 4.7 percent positive, compared to just over 1 percent in the rest of the city. Two weeks later, the average jumped to more than 6 percent.

The nine “red zone” ZIP codes on the state map of the highest infection rates at that time — which carried the heaviest public restrictions as a result — were nearly all major ultra-Orthodox population centers. Among other things, houses of worship in red zones were limited to 10 attendees at a time under a policy announced by Gov. Andrew Cuomo.

Ultra-Orthodox community leaders maintain — and government authorities largely agree — that most ultra-Orthodox Jews are following government mandates and that violators represent only a minority. That minority, however, seems to be large enough to push the entire community into vastly disproportionate infection territory, given that observance by a vague “most” isn’t sufficient to stop the virus.

Yet the reaction of much of the ultra-Orthodox community has been to protest the lifesaving government restrictions — sometimes violently — and to paint them as anti-Semitic. In a typical example, a weekly tabloid with a mostly Orthodox readership touted on its front page an essay headlined “De Blasio And Cuomo Have Declared War On Us,” which accused the governor and New York Mayor Bill de Blasio of “treachery and blatant anti-Semitism” and claimed that they “want to destroy our schools and way of life.”

And in a toned-down critique, Agudath Israel of America, the main advocacy body representing ultra-Orthodox Jews, argued that while the ban on large services “discriminates against all religions,” it “disproportionately impacts the religious services of Orthodox Jews,” who would be shut out from traditional synagogue observance of two major religious holidays.

But for the ultra-Orthodox to complain that they’re being discriminated against when they come under extra scrutiny is essentially to complain that it’s anti-Semitic to notice what they’re doing. And in this case, defiantly maintaining tradition doesn’t risk just their own lives, which is their prerogative, but their neighbors’ lives, as well. The trap they’re caught in is tragic, but society has a right and an obligation to protect its people’s welfare.

Indeed, the greater anti-Semitism threat likely comes not from failing to defend Jewish rights but from trying too hard. When Jewish communities, Orthodox or not, ask for special accommodations to meet their particular needs, it’s often seen by other communities as cutting in line, wheedling extra privileges while broader needs go unmet.

To be sure, part of the ultra-Orthodox misperception that anti-Semitism is at work comes from memories of long centuries when anti-Jewish powers forced Jews to give up their traditions or take them underground. These memories, and the alarms they trigger, are familiar to Jews of every religious and ideological stripe.

Throughout their history, Torah-observant Jews have faced emergencies that have forced them to compromise and bend some laws, sometimes permanently.

At the same time, it’s precisely this history that should serve as a guide for the ultra-Orthodox community today in combating Covid-19. Throughout their history, Torah-observant Jews have faced emergencies that have forced them to compromise and bend some laws, sometimes permanently.

Disasters, usually in the form of anti-Semitic persecution, have forced them to drop some practices and amend others to survive until better times returned. So it was after the Roman destruction of Solomon’s Temple in ancient Israel and during the Spanish Inquisition, the medieval Polish-Ukrainian pogroms, the Soviet era and the Holocaust.

But America isn’t any of those things. Instead, it is the ultra-Orthodox community itself that right now poses the most danger to its own continuity.

Source: When Covid-19 rules are flouted by ultra-Orthodox Jews, it isn’t anti-Semitism to call it out

Covid-19 Immigration Effects: Key slides August 2020

Key immigration and related program trends using IRCC operational data, August data where available:

Summary:

  • August immigration numbers continued to drop for permanent residents compared to July with a slight increase in temporary workers
  • PRs: Admissions continued to decline from 13,650 in July to 11,315 in August, driven by the decline in Economic. August Year-over-year decline: Economic 70.8%, Family 48.6%, Refugees 60% 
    • Applications: Increase from  10,380 in May to  11,957 in June. June year-over-year decrease 77.2%
    • Provincial Nominee Program: Decrease from 3,050 in July to 1,969 in August. August year-over-year decrease: 77.7%
    • TR to PRs transition: Further decrease from 2,950 in July to 1,705 in August (some double counting). August year-over-year decrease of 86.9% (i.e., those already in Canada)
  • Temporary Residents:
    • TRs/IMP: Slight increase from 11,475 in July to 12,565 in August. August Year-over-year decline: Agreements 38.4%, Canadian Interests 49.8%
    • TRs/TFWP: Slight decline from 8,060 in July compared to 7,390 in August. August year-over-year decline: Caregivers 53.4%, Other LMIA 25.2%. Agriculture had a significant increase of 73.8%, perhaps reflecting a later start this year
      • Web “Get a work permit”:  From 69,931 in August to 65,397 in September (outside Canada). September Year-over-year decline: 64.5%
    • Students: Sharp increase from 13,455 in July to 40,130 in August (peak month). However, August year-over-year decrease: 64.5%
      • Applications:  Stable from 3,352 in May to 3,286 in June. June Year-over-year decrease: 91.6%
      • Web “Get a study permit”:  From 67,292 in August to 59,474 in September (outside Canada). September Year-over-year increase: 12.5%
  • Asylum Claimants: Increase from 885 in July to 1,030 in August (about 75% inland). August year-over-year decrease: 83.7%
  • Settlement Services:  Decline from 112,380 in April to 101,415 in May. Year-over-year decrease 9.8 percent
    • Web “Find immigrant services hear you”:  From 13,216 in August to 6,007 in September (outside Canada). September Year-over-year decrease: 57.6%
  • Citizenship: Increase from virtually none in May (53) to 1,656 in June. June Year-over-year decrease: 92.0%.(2019 monthly average was about 20,000)
    • Web “Apply for citizenship”:  From 39,479 in August to 41,263 in September (outside Canada). September 2020-2018 increase: 39.3% 
  • Visitor Visas: Complete shutdown. China authorizations declined faster and sharper

Feds fund 85 anti-racism projects that target economic barriers, online hate

Will look forward to the eventual evaluation of the program to assess its impact (when I worked in multiculturalism, the small size of the projects helped the various organizations but the longer-term impact was questionable):

The Liberal government has announced new funding for 85 anti-racism community projects designed to lower socio-economic barriers for racialized Canadians, tackle online hate, and monitor extreme-right groups.

Diversity and Inclusion Minister Bardish Chagger announced the projects on Thursday that would together receive $15 million under the federal Anti-Racism Action Program, the community-project component of the three-year, $45-million anti-racism strategy the federal Liberals launched last year.

Since its unveiling, the Liberal government has come under increasing pressure to boldly tackle systemic racism in Canada, particularly after anti-Black racism protests were held in American and Canadian cities following the death of George Floyd last summer.

In a scene captured on video and shared on social media to mass outrage, Floyd was a Black man who died while being aggressively pinned down by a Minneapolis police officer.

“We’ve seen the reality of racism at the front of global and national attention,” Chagger said in her virtual announcement.

“We can’t pretend systemic racism doesn’t exist in Canada. We’ve also seen how the COVID-19 pandemic has exposed and amplified the many systemic inequalities present in our country.”

Projects include the Nova Scotia-based Black Business Initiative, which is getting $151,000 to tackle discriminatory structures in hiring and employment, and an initiative by Legal Aid Ontario, which is receiving $285,000 to improve race-based collection of data on the bail system.

The Canadian Anti-Hate Network is also getting $268,400 to hire four people to help monitor extreme-right groups and report on their activities.

The work of the network has taken on new urgency since its founding two years ago, said one of its board members, Amira Elghawaby, during Chagger’s announcement.

“There are more members and supporters of hate groups and dangerous conspiracy groups than there have been in at least a generation,” she said. “They’re harassing people. They’re killing people, and they need to be stopped, or at least contained.”

She said the money it’s getting from Ottawa, the first for the organization, will help it continue its exposure on social media of far-right activities, and its promotion of multiculturalism. The money will also allow it to actively fight hateful activities, not just research them.

B.C.-based Justice for Girls will get $206,970 to help Indigenous women and girls access justice, education and employment.

The Anti-Racism Action Program received a total of 1,100 applications in late 2019. Around 80 projects will likely involve Black and Indigenous communities.

The Liberal government has said the strategy is its first step in tackling systemic racism. In early July, Prime Minister Justin Trudeau asked his cabinet to create a “work plan” with concrete actions to fight the problem.

Last month’s speech from the throne outlined in broad strokes the Liberals’ plan. It included new legislation meant to: tackle systemic inequalities in the criminal justice system; do more to combat online hate; and increase economic opportunities for members of marginalized communities.

In a statement on Thursday, Trudeau spokeswoman Ann-Clara Vaillancourt said the government’s plans to tackle racism “will be further outlined in ministers’ mandate letters, which will be release in due course.” She said the government had made addressing systemic racism a “top priority” in the speech.

Chagger did not say when Canadians can expect more details of legislation that would enact those measures.

However, she said community organizations have told her it’s critical they get funding for more local anti-racism projects.

“We will continue ensuring that we work with community in partnership, because it’s instrumental that the decision-making table reflects the diversity of the country, and at minimum, be informed by the lived experiences of Canadians,” she said.

Unlike other anti-racism initiatives the Liberals campaigned on in the 2019 election, the promise to double funding for the anti-racism strategy wasn’t mentioned in the throne speech.

When asked about the election commitment on Thursday, Chagger would only say, “We will continue to build upon our commitments.”

Source: Feds fund 85 anti-racism projects that target economic barriers, online hate

The Second Wave: Science Meets Leadership

Good nuanced discussion of the complexities in finding a balance between public health, economic and other concerns:

When the pandemic first hit, none of us knew what to expect. Medical experts called for a lockdown and governments took their advice. This time round it’s different. Our political leaders are being called on to protect both our health and our economy. As Doug Ford noted on Tuesday, that can be an unpleasant place to be.

In his press conference, Ford commented on his decision to reinstate Stage 2 measures in three key regions of Ontario, much as François Legault has done in Quebec. It was, he says, one of the hardest decisions of his career. We get it but, frankly, he should get used to it. Governments everywhere may be called on to make lots more decisions like this in the months ahead.

Businesses are hurting badly, and many are stepping up the pressure on politicians to help them get through these tough times. This is not just about financial support. In Ottawa, for example, business groups have challenged Ford to produce the data that justifies stricter measures. There is a growing sense that politicians have the tools to open the economy without putting the public at risk, but do they?

We think this is a discussion worth having – cautiously and respectfully. We’re not disputing that public health is the No 1 priority. The hard question is whether it can be better aligned with other priorities. A recent poll from the Innovative Research Group helps us get at the issue:

The response to Question 1 caught our attention. It shows that Canadians are almost evenly split on whether they think experts have too much influence on governments. This sheds important light on the tensions Ford is dealing with, and why other premiers will likely face the same issues, as the second wave grows. Some, such as Legault, already are.

Basically, during the first wave, political leaders deferred to public health officials on how to respond to the pandemic. This served us well, but governments have come a long way over the last eight months. New knowledge and new tools like rapid testing and contact tracing now allow leaders to manage the risks in ways that were not possible before.

For example, experts now know enough about how the virus spreads to contain it within a region, so that governments don’t have to shut down a whole province. This is currently the approach in Ontario and Quebec.

However, there is a price to pay for plans like this. Generally, the more complex they get, the less likely they are to be guided by medical science. In Ontario, for example, the government’s decision to shut down bars, restaurants, and gyms while leaving schools open has raised eyebrows.

There are serious questions about how far the science on COVID-19 can help decision-makers assess the importance of getting children back to school. Striking a balance between public health risks and learning involves weighing lots of things that are outside the purview of medical science.

So, how are these tradeoffs getting made?

In a second slide, IRG reveals an important feature of our political culture. The slide uses a scale of 1 – 100 to assess how strongly Liberals, Conservatives, and NDP members feel about the role of experts in government decision-making. The poll finds a 24-point spread between Liberals and Conservatives, with the NDP in the middle. (See the line on Political Populism.)

Basically, the data show that our political leaders are predisposed to treat expert opinion differently: progressives are more inclined to accept it and conservatives to question it.

Neither predisposition is wrong, but predispositions of any kind can be a barrier to a thoughtful, informed discussion of the issues. They incline us to trust some views more than others and this can shape how we think and talk about the issues.

This is a critical consideration as the second wave advances. When health experts declare that “the evidence” calls for actions that favour health over, say, the economy, political leaders need a reliable way to weigh this advice against other concerns and priorities. And they shouldn’t look to health experts to provide it.

Health experts view the world through a health lens. Their role doesn’t train them to consider how this affects other priorities, such as the economy or learning. That is what elected officials are supposed to do – but they need a reliable way of thinking through the issues.

As things stand, the poll suggests that these decisions often come down to a leader’s predispositions – whether they are a conservative or a progressive. We don’t think that’s not good enough.

Increasingly, our governments are being called on to respond to all aspects of the pandemic, not just public health. Predisposition are not a reliable guide to this. They will not disappear, but we can be conscious of them and keep them in check.

Different priorities should be publicly discussed and balanced against public health. To be clear, we are NOT disputing that public health is the No 1 priority, but we do believe that governments need the flexibility to experiment with different options and to respond to other priorities.

That is the way forward.

Andrew Balfour is Managing Partner at Rubicon Strategy in Ottawa.

Source: The Second Wave: Science Meets Leadership

Where Donald Trump’s Politics of Cruelty Will Lead

Powerful essay:

My father was a Mexican citizen until the day he died. He lived here in the U.S. on a green card. A former military man and federal agent under several Mexican presidents, he remained patriotic and deeply conservative. Though he had been chased out of his beloved Mexico City by the toxic whims of a presidential strongman, he stayed loyal.

He loved Dwight Eisenhower and Richard Nixon. He joked that if he were an American citizen, he would have tried to vote for Nixon twice in 1968. He used to boast that Nixon was the first Latin American–style president America had ever elected. My father was a law-and-order man—once a cop, always a cop. He might have fallen for Donald Trump if he’d lived long enough. But Trump would have talked him out of it in his first televised anti-Mexican rant. At least I think that’s what would have happened.

During 2020’s apocalyptic summer, photographs circulated of immigrant farmworkers toiling in fields amid walls of smoke and fire as California burned around them. The pictures have visceral impact—they are frightening yet beautiful. But their effect on me was epiphanic: Here were perfect metaphors for the harvest of nearly four years of recklessly vicious rhetoric and policies, of Immigration and Customs Enforcement raids and cruel family separations, of toxic propaganda and the relentless boondoggle of the border wall. Here was the theater burning down as the hypnotist kept working the mic, like Jim Jones calling us all into the delirious excitement of sheer nihilism. The Book of Revelation for Suckers.

Source: Where Donald Trump’s Politics of Cruelty Will Lead

After Trump’s Covid-19 diagnosis, anti-Asian tweets and conspiracies rose 85%: report

Not surprising. Words matter:

Anti-Asian bigotry and conspiracy theories spiked on Twitter immediately following President Donald Trump’s Covid-19 diagnosis this month, new findings reveal.

The report, released last week by the Anti-Defamation League, a civil rights group, examined Twitter activity surrounding Trump’s diagnosis on Oct. 2. Researchers found an 85 percent increase in anti-Asian rhetoric and conspiracy theories on the platform in the 12 hours following the announcement, many blaming China.

The surge in bigoted tweets also occurred shortly after Trump said the pandemic is “China’s fault” during the first presidential debate and further referred to the virus as the “China plague.”

Rep. Judy Chu, D-Calif., chair of the Congressional Asian Pacific American Caucus, said the research shows that anyone who fails to see the link between the harmful rhetoric and subsequent bigotry is “lying to themselves.”

“These people — who include the president and congressional Republicans — want to stoke xenophobia and anger but also want to deny the dangerous impact their own words are having,” Chu said. “You can’t have it both ways, and this report exposes the danger of pushing racially based conspiracy theories like this.”

The report, “At the Extremes: The 2020 Election and American Extremism,” examined more than 2.7 million tweets that were posted from the four hours before Trump announced his diagnosis, as well as that of Melania Trump, to the afternoon the following day.

Researchers looked at tweets with mentions of the accounts @realdonaldtrump, @potus and @flotus, as well as @senatorloeffler, the account of Sen. Kelly Loeffler, R-Ga., who had pushed people to “hold China accountable” and “remember: China gave this virus to our President.” The researchers also looked at tweets with at least one of the keywords “trump,” “melania,” “first lady,” “china virus,” “plague,” “kung flu” and “Wuhan.”

Researchers found not only that was there a surge in anti-Asian tweets in the hours after Trump’s diagnosis was announced, but also that anti-Asian sentiment on the platform remained elevated for days afterward. The report revealed that the rate of discussions about various conspiracy theories — including one that alleges that the virus was engineered by humans and another that claims that Covid-19 is “patented,” a bioweapon created by the Chinese government — increased by 41 percent. The research also shows that some of the conversations veered into anti-Semitism or had anti-Semitic overtones.

Asian Americans have been weathering increased hostility since the beginning of the pandemic. The reporting forum Stop AAPI Hate collected reports of 2,583 hate incidents directed at Asian Americans from March 19 to Aug. 5, during the pandemic. Almost 800 of the reports said anti-Chinese rhetoric was used. What’s more, previous research suggests that the use of terms like “China virus” and “kung flu,” particularly by conservative outlets, has already seeped into U.S. perceptions of Asian Americans.

While anti-Asian bias had been in steady decline for over a decade, the trend reversed in days after a significant uptick in discriminatory coronavirus speech, according to a study published in September.On March 9 alone, there was an 800 percent increase in such rhetoric among conservative media outlets. The language led to an increased subconscious belief that Asian Americans are “perpetual foreigners,” researchers said.

“Progress against bias is generally stable,” Eli Michaels, a researcher on that study, has said previously. “But this particular rhetoric, which associates a racial group with a global pandemic, has particularly pernicious effects.”

Rep. Grace Meng, D-N.Y., the main sponsor of a House resolution that called on public officials to denounce any anti-Asian sentiment, said she herself had been targeted with a slew of racist voicemails after the legislation was passed in September. In one message, a caller said she looked “like a Chinese virus, you fat slob.” And she said another claimed that the harmful rhetoric is “not racist, it’s the truth. Filthy people.”

“The report shows no signs of this bigotry and xenophobia ending any time soon,” Meng said. She said the racist and obscenity-laced voicemails were filled anti-Asian remarks that Trump has made about the coronavirus, such as “Chinese virus” and “kung flu” — “the very things I and the House condemned in passing my measure.”

Chu said that as the election approaches, she is “absolutely afraid of more attacks” against Asian Americans. The report ultimately “draws a clear line from the kinds of conspiracy theories Trump spreads to help his own re-election directly to the spike in anti-Asian hate that we are seeing,” she said.

“Covid-19 is continuing to ravage this country, claiming hundreds of lives a day, but the president still does not have a plan to address it,” Chu said. “While he downplays the virus, he still blames China for every death and continues to stoke xenophobia that puts innocent Asian Americans at risk of violence. The president isn’t only indifferent to that. He’s accelerating it.”

Overcoming the diversity deficit on federal courts

Actually, compared to the previous Conservative government, the record in federal judicial appointments to the federal and provincial courts is strong:: 56.2% women compared to 35.6%, 7.8% vismin compared to 2%, 2.8% Indigenous compared to 0.8%.

I sometimes question whether advocates for increased representation have looked at the data before asserting that more needs to be done.

And yes, more should be done to encourage more lawyers from minorities to submit their names along with other efforts and it should be possible to learn from the experience of the last 5 years:

Federal justice minister David Lametti knows that the federally-appointed bench isn’t diversifying quickly enough, and he’s vowing to do something about it.

“It is going in the right direction, I’m pleased at the direction in which it’s going,” says Lametti. “Is there more work to do? Absolutely. We need to make more good appointments, but I think we’re doing a decent job, and we’re getting better at it, and hopefully it will continue to improve over time.”

But merely calling on lawyers from under-represented groups — BIPOC [Black, Indigenous, People of Colour], women and the LGBT community — to put their names forward hasn’t been doing the trick. Members of legal organizations representing diversity on the bar say that this approach may have run its course.

“If you just keep doing things the same old way, they’re clearly not reaching people and then people aren’t applying,” says Brad Regehr, president of the Canadian Bar Association, and a member of the Peter Ballantyne Cree Nation in Saskatchewan, who is based in Winnipeg. “It’s going to take some innovation in terms of reaching people.”

There is ample evidence that women and other minorities will self-select themselves out of an application process for a position on the bench because they don’t feel that they could be chosen based on the established profile of the judiciary, which makes the notion of application problematic.

“We know that people’s sense of how qualified they are varies according to gender and racialization, and other experiences that people may have had,” says Martha Jackman, a law professor at the University of Ottawa, and co-chair of the National Association of Women and the Law (NAWL).

“To apply, by definition, you have to think that you’re qualified. But you also have to feel like you’re appointable, and there are many qualified applicants that may well understand that they are extremely meritorious – even more meritorious than others – but they have a strong sense, that is probably accurate, that they won’t be appointed, so they don’t apply,” says Jackman. “There is a typical profile for who is appointed.”

Lori Anne Thomas, president of the Canadian Association of Black Lawyers, agrees that people who don’t see themselves on the bench will avoid applying. “Why put yourself through the torture for a job that’s probably not going to happen?” asks Thomas.

Both Thomas and Jackman also point to how opaque the federal application process can be, making it another barrier for application.

“You’re applying for a position that may or may not exist,” says Thomas. “You’ll never know when the decision will be made, and as soon as the decision is made, you’re no longer a lawyer – you plan for a future that may never happen or can happen in the next minute. It’s a very odd situation.”

At least in the Ontario Court of Justice application process, Thomas notes, there are interviews that tell applicants they have reached that stage in the process. That doesn’t happen federally, and lawyers don’t necessarily have access to someone who has been through the process before to reassure them.

Thomas recommends that the government make the process “more transparent and welcoming to everybody who applies.”

“These are professional people, and if they have the qualifications, they should know where they are,” she says adding that it would be worthwhile for the Judicial Advisory Committee to take the time to offer some encouraging words not to give up.

According to Jackman, any systemically discriminatory forces at play in society and within the profession will be reflected and reinforced in an appointment process.

“I think there is a legitimate perception that this is an insider’s opaque process where there are certain individuals who already have a big head-start, and why would you bother?” she says.

Lametti says he’s aware that people will take themselves out of the running, and that the “process is onerous.” But for a reason: “It’s onerous because it’s introspective,” says Lametti. “Whatever the outcome, you actually understand yourself a whole lot better when you’re done, and it is an in-depth application process because we want people to realize that we want them to write about their experiences. We want them to tell us about what has made them unique, and that’s onerous. But if we were more superficial about it, […] we wouldn’t get the quality outcomes that we’re looking for.”

Lametti says that the government is making headway with its appointments. Of the 74 appointments made since the October 2019 election, 44 have been women, two have been Indigenous, 14 were visible minorities, and six identified as LGBT. He hopes that record will help more lawyers from diverse backgrounds see themselves on the bench.

Thomas, however, is wary of the statistics that don’t differentiate Black appointments from other visible minorities.

“What they fail to understand is that people of colour and Black are not necessarily the same thing,” says Thomas. “Black people can be included in people of colour, but given that both Indigenous and Black persons are over-represented in the criminal justice system, when somebody who’s Black or Indigenous comes in and they see someone who is South Asian or Asian, that doesn’t make them feel that this person understands my lived experience.”

And what if, instead of waiting on people of diverse backgrounds to apply, the judicial advisory committees were to be more proactive in targeting lawyers by nominating them?

“Clearly, we are in a position where things have been done a certain way for a long time, and then we’re getting the complaint that people aren’t applying,” says Regehr. Then I say give it a try.”

According to Jackman, being tapped by someone in government will give the potential applicant the impression that they are qualified.

Thomas agrees that nominations are an idea to consider. “I can say that CABL has an open relationship with the federal government, as well as provincial governments, in terms of talking about these issues, but it is hard when the process is so difficult,” says Thomas.

It’s a fair point, says Lametti, but he doesn’t want to bring back nominations at the cost of ensuring that the process is transparent and fair.

“We’ve put in a variety of application processes to become transparent and fair, but every time I’m out since I became minister, in speaking to various parts of the legal community, I’ve told people to apply,” says Lametti. “I’ve told people not only to become judges, but to apply to be members of the JAC, because they are representative in their composition in order to get better readings of the files.”

Troy Riddell, a political science professor at the University of Guelph, who studies judicial appointments, says that the government could alleviate concerns around transparency by outlining a public list of criteria.

“As long as there was an understanding that, if the [Judicial Affairs] Commissioner’s office directly encouraged an application, that application would have to go through the same vetting process as other candidates, I would not see a problem with that approach,” says Riddell.

Lametti is also keen to emphasize the value of mentorship to get more diverse lawyers to apply to the bench.

“We all have a role to play, where you see good colleagues and you think ‘you really ought to do this. You should be thinking about this, and you should be preparing yourself to apply,’ or helping edit or draft the application, or giving feedback, or whatever,” says Lametti. “We all have an obligation to do that, and I think we’ll get a better bench if we do.”

Regehr agrees that reaching out and talking to lawyers about applying for the bench helps. But he also preaches tenacity. “Being a lawyer is a busy occupation,” he says. “Sometimes you’re getting 100 emails every day, and it gets buried. That can be part of the problem, too. It requires some rethinking in terms of how we advertise for these jobs, and how government and Judicial Affairs can reach out to people.”

Black and Indigenous professionals who have been elevated to the bench also have a role to play, says Thomas. But because there are so few of them, it can be a burden.

“It places a lot of the responsibility on associations such as ours, where we are trying to reach out to our membership and encourage them to apply,” she says. “But that’s from our point of view – not necessarily the judiciary or the federal government.” More outreach on their part “could be enough to encourage people to apply.”

Several legal groups have written letters to Lametti, calling on him to fill vacancies on the Federal Court with BIPOC judges, including the CBA. Only two currently sit on the court.

Lametti says that he hasn’t yet formally responded to the letters. However, he did want to set the record straight that candidates other than those seeking appointment to the Supreme Court of Canada need not be bilingual in both official languages.

“Bilingualism is an asset but is not a requirement or a baseline requirement for either the Federal Court judges or the federally-appointed superior court judges in Canada,” he says.

He also noted that federal judges often have to move to the Ottawa-Gatineau region. That, coupled with the subject-matter needs of the court, further complicate matters.

“The Federal Court has subject area jurisdiction in Indigenous matters, in administrative law, in intellectual property, as examples, and you do want people with expertise in those areas for those courts,” says Lametti. “That being said, we do our best to make sure that candidates from diverse backgrounds are considered for Federal Court appointments, and I think we’re getting better in that regard as well.”

Jackman notes that there will soon be two Ontario vacancies on the Supreme Court. There won’t be any excuse for passing over appointments from unrepresented groups, she says.

“There’s a burden of justification for both of those appointments,” says Jackman. “And there’s no possible explanation why the justice minister and the prime minister cannot appoint very meritorious individuals who have a lived experience that is different from the dominant culture.”

Source: Overcoming the diversity deficit on federal courts