U.S. accounts drive Canadian convoy protest chatter

Of note. While recent concerns have understandably focussed on Chinese and Russian government interference, we likely need to spend more attention on the threats from next door, along with the pernicious threats via Facebook and Twitter:

Known U.S.-based sources of misleading information have driven a majority of Facebook and Twitter posts about the Canadian COVID-19 vaccine mandate protest, per German Marshall Fund data shared exclusively with Axios.

Driving the news: Ottawa’s “Freedom Convoy” has ballooned into a disruptive political protest against Prime Minister Justin Trudeau and inspired support among right-wing and anti-vaccine mandate groups in the U.S.

Why it matters: Trending stories about the protest appear to be driven by a small number of voices as top-performing accounts with huge followings are using the protest to drive engagement and inflame emotions with another hot-button issue.

  • “They can flood the zone — making something news and distorting what appears to be popular,” said Karen Kornbluh, senior fellow and director of the Digital Innovation and Democracy Initiative at the German Marshall Fund. 

What they’re saying: “The three pages receiving the most interactions on [convoy protest] posts — Ben Shapiro, Newsmax and Breitbart -—are American,” Kornbluh said. Other pages with the most action on convoy-related posts include Fox News, Dan Bongino and Franklin Graham.

  • “These major online voices with their bullhorns determine what the algorithm promotes because the algorithm senses it is engaging,” she said.
  • Using a platform’s design to orchestrate anti-government action mirrors how the “Stop the Steal” groups worked around the Jan. 6 Capitol riot, with a few users quickly racking up massive followings, Kornbluh said.

By the numbers: Per German Marshall Fund data, from Jan. 22, when the protests began, to Feb. 12, there were 14,667 posts on Facebook pages about the Canadian protests, getting 19.3 million interactions (including likes, comments and shares).

  • For context: The Beijing Olympics had 20.9 million interactions in that same time period.
  • On Twitter, from Feb. 3 to Feb. 13, tweets about the protests from have been favorited at least 4.1 million times and retweeted at least 1.1 million times.
  • Pro-convoy videos on YouTube have racked up 47 million views, with Fox News’ YouTube page getting 29.6 million views on related videos.

The big picture: New research published in the Atlantic finds that most public activity on Facebook comes from a “tiny, hyperactive group of abusive users.”

  • Since user engagement remains the most important factor in Facebook’s weighting of content recommendations, the researchers write, the most abusive users will wield the most influence over the online conversation.
  • “Overall, we observed 52 million users active on these U.S. pages and public groups, less than a quarter of Facebook’s claimed user base in the country,” the researchers write. “Among this publicly active minority of users, the top 1 percent of accounts were responsible for 35 percent of all observed interactions; the top 3 percent were responsible for 52 percent. Many users, it seems, rarely, if ever, interact with public groups or pages.”

Meanwhile, Foreign meddling is further confusing the narrative around the trucker protest. 

  • NBC News reported that overseas content mills in Vietnam, Bangladesh, Romania and other countries are powering Facebook groups promoting American versions of the trucker convoys. Facebook took many of the pages down.
  • A report from Grid News found a Bangladeshi digital marketing firm was behind two of the largest Facebook groups related to the Canadian Freedom Convoy beforebeing removed from the platform.
  • Grid News reported earlier that Facebook groups supporting the Canadian convoy were being administered by a hacked Facebook account belonging to a Missouri woman.

Source: U.S. accounts drive Canadian convoy protest chatter

Caste has become a university diversity issue in the US

Hard to imagine that this also happens in Canada to some extent given the large number of South Asian students and grateful for information readers may have:

Many international students from disadvantaged groups hope to leave the entrenched social structures and caste discrimination behind and start afresh as they come to the United States or elsewhere. 

But to their consternation and horror, some South Asian students have found that caste discrimination is alive and well overseas, particularly where there is a large South Asia diaspora or foreign students on campus.

Mounting evidence of such discriminatory treatment and harassment led the California State University (CSU) system to add caste to its list of protected groups in January, prohibiting caste-based discrimination, harassment or retaliation. Other universities in the US are examining whether they should do the same. 

The CSU system, with some 485,000 students and about 56,000 faculty and staff, is sending a signal out to the rest of the university sector that caste discrimination exists and that affected students and staff require protection, say inclusivity activists who have campaigned for years to include caste-oppressed students and faculty. They have called the CSU decision an important civil rights win. 

“This is very important because we can now feel safer,” said Prem Pariyar, who recently graduated from CSU’s East Bay campus with a masters degree in social work. He began the campaign for caste protection at East Bay and helped extend it across CSU’s 23 campuses. 

“At least now the university has a policy to recognise our pain and to recognise our issues,” he told University World News. “In the US people are conscious about race and religion and the like but they did not know about caste discrimination.”

“Being a protected category is important as it means people like me [and] other students will feel more comfortable to go and complain. Before adding caste as a protected category, even if students reported to the administration, they would not understand what it is. It is not racial discrimination, but it is the same logic.”

Michael Uhlenkamp, senior director of public affairs in the CSU Chancellors Office, said: “While caste protections were inherently included in previous CSU non-discrimination policies, the decision to specifically name caste in the interim policy reflects the CSU’s commitment to inclusivity and respect, making certain each and every one of our 23 CSU campuses is a place of access, opportunity and equity for all.” 

“The existing processes for reporting instances of discrimination, whether based on caste or any of the categories listed in the policy, still apply,” he added. 

‘Long overdue’

“It’s long overdue. This was a campaign that we were working on for almost two and a half years,” said Thenmozhi Soundararajan, executive director of Equality Labs, a US-based civil rights organisation fighting for the rights of Dalits, a low-caste group formerly known as ‘untouchables’.

Equality Labs has been advising institutions and companies in the US. It carried out the first survey of Dalit discrimination among the South Asian diaspora in the US in 2016. In a sample of 1,500 respondents, “the numbers are high – one in four experience some form of physical or verbal assaults, one in three face discrimination in terms of their education and two out of three face workplace discrimination,” Soundararajan told University World News.

The survey was instrumental in convincing the CSU system to include caste in their policy, along with students like Pariyar, himself a Dalit, who were willing to speak out. 

“The whole process of educating and transforming these institutions towards caste equity has been one of very powerful testimony, and storytelling by really courageous and bold caste-oppressed students and faculty and campus community members. 

“And doing so under very difficult environments where caste bigots were literally intimidating, harassing and doxing them,” said Soundararajan, who is also a visiting scholar at the Center for South Asia, Stanford University. 

Soundararajan points to various types of campus discrimination – including discrimination with housing, work or student groups “openly using caste slurs and other microaggressions as well as more serious cases of gender-based violence like harassment and assault”. 

Equality Labs has been advising a large number of universities and colleges in the US, including providing advice from legal scholars “who have already done some thinking about this – we’ve worked with many institutions, large and small on these issues”.

“In our countries of origin, while there are laws to protect against caste oppression, there is a great deal of impunity and a lack of political will to enforce them. In the United States, however, because of the struggles of black and indigenous and other communities of colour, civil rights laws still have teeth,” Soundararajan explained.

“Increasingly, American institutions that are concerned about their liability related to civil rights and human rights compliance are proactively adding caste and making it explicit,” she noted. “When it’s not explicit, all the things that come from [being] a protected category don’t exist within the campuses’ or institutions’ purview.”

But universities are also key to educating society in general. “In making caste a protected category, institutions of higher learning are positioned to take the critical issue of caste oppression and discrimination seriously and to render it visible,” said Angana Chatterji, cultural anthropologist and scholar at the University of California (UC) Berkeley’s Center for Race and Gender.

“Such commitment is imperative to deepening the study of caste and generative of new knowledge formations attentive to its intersections with gender and race. And to developing support systems, curricula and interventions to dismantle caste oppression and caste privilege within the university,” she added.

Often invisible

Caste harassment can often be invisible to those outside the South Asian community, but that does not mean it does not exist outside Asia. 

“I have been experiencing caste discrimination from my childhood, but I did not imagine that caste discrimination exists in the US, but then I experienced it myself. I was discriminated against within campus and outside campus,” said Pariyar, who is from Nepal. His caste are often not allowed to sit at the same table as higher castes or share food. 

Pariyar, who arrived in the US in 2015, said other South Asians “will ask your name, what does your father do. Their intention is to know my caste identity. In the beginning the conversation is respectful, but after knowing my caste identity that respect is gone,” he said.

“This is happening in California and not just in California but elsewhere in the US,” he added, saying he was left embarrassed, humiliated and depressed by these experiences and preferred not to go to get-togethers, house parties or other parties where there were other South Asian students present. 

Others who face caste discrimination are often reluctant to speak out because, in effect, it means revealing their caste origins. Some of them drop their surname or adopt a caste-neutral surname.  

“Many people do not feel comfortable talking about this type of discrimination and they want to hide their identity because they want to be protected; they don’t want harassment from dominant-caste people,” noted Pariyar, who says he is talking to other campuses about similar protections, including the University of California system – separate from the California State University system – starting with UC Berkeley. 

“We have to take it step by step,” said Pariyar, noting the victories in the CSU system and elsewhere along the way. 

The wording varies in different institutions. Brandeis University added this category in December 2019 that says caste is a recognised and protected characteristic in the school’s anti-discrimination policy. In September 2021, UC Davis added ‘caste or perceived caste’ as a category to its anti-discrimination policy. 

Colby College of Maine revised its non-discrimination policy to add caste to its list of ‘protections for the campus community’. In December 2021 Harvard, the first Ivy League university to do so, “added protections for caste-oppressed students” to its graduate student union contract.

Before CSU included it more broadly, some student and faculty organisations passed resolutions last year calling on the university to add caste to its anti-discrimination policy. These include the California Faculty Association, a CSU labour union, as part of their collective bargaining agreement, and Cal State Student Association, a non-profit representing students across the university, in April 2021.

“The student resolutions really matter because when the voice of the students from all 22 campuses say ‘we need this’, it’s huge. So that began the engagement with the [CSU] Chancellor’s office, and they have their own legal team. So they’re confident about the choices,” said Soundararajan. “But we also connected them with top legal scholars on caste in the United States.”

Periyar says it was an uphill battle. When the CSU-wide resolution came up, the Hindu American Foundation (HAF), a Hindu lobby group, vehemently opposed it. Its website includes a comment by Sunil Kumar, professor of engineering at San Diego State University. 

Rather than redressing discrimination, “it will actually cause discrimination by unconstitutionally singling out and targeting Hindu faculty of Indian and South Asian descent as members of a suspect class because of deeply entrenched, false stereotypes about Indians, Hindus and caste,” he said. 

HAF had been virtually silent until then, perhaps not understanding the significance of student and faculty resolutions. But Pariyar counters: “This policy is not dividing. It is a policy of inclusion. There are marginalised students and they need to be included.”

Berkeley’s Chatterji said: “Hindu nationalist organisations in the diaspora have repeatedly attempted to silence conversations around caste oppression, gender and Islamophobia. If systems of higher education in California determine to make caste a protected category, it will have an impact not just on California, but nationally.”

A ‘caste curriculum’

Becoming more inclusive is also important in the context of broadening diversity of incoming international students. 

“It is already a topic of conversation on campuses on how to diversity the pool of international students, [to know] what are the systemic forms of discrimination that exist over time and how can US institutions make sure they are reaching a broader diversity of South Asian students,” said international education consultant Rajika Bhandari. 

“On-the-ground understanding is definitely required, because if policies are not shaped by individuals who deeply understand the context, it can fall into a kind of neocolonialist framework or a very Americanised view of another countries’ social issues,” she said. 

Social stratification by caste, prevalent in India for centuries, has variations by region and community, even within India and its neighbouring countries, as well as further afield in South Africa, East Africa and Southeast Asia – particularly in Singapore and Malaysia, the Caribbean and elsewhere with communities from South Asia, often since British colonial times. Its complexity is difficult to explain to others. 

Pariyar agrees universities will need to understand caste better in order to be truly inclusive. 

“Adding caste is not enough, application is very important,” he said. “We need a caste equity action plan”. 

“We need training and a curriculum. We need to train all the diversity and inclusion committee members, all the faculty within the CSU system about the gravity of caste discrimination, what it is and how it exists. There is visible discrimination and invisible discrimination and they need to understand that,” Pariyar said, adding that the university system needs to hire experts to train staff and faculty.  

Some of this expertise is provided by Equality Labs which says it helps institutions develop better tools and know the process of how to identify discriminatory behaviour on the basis of caste.

“Institutions need to create real metrics – enrolment metrics, application metrics – to get a sense of what the baseline of crimes or incidents are, then to be able to bring it down. Data is the key – if we don’t begin with a set of really strong KPIs [key performance indicators], we can’t measure progress,” said Soundararajan.

Source: Caste has become a university diversity issue in the US

Sweden: Academics protest against ‘fatal’ changes to Aliens Act

Seems counterproductive to make it harder for highly-skilled PhDs to transition to permanent residency:

Changes to the Aliens Act in Sweden, which impose onerous self-sufficiency requirements on international doctoral students and researchers and require them to leave the country to apply for Swedish residence permits for family members – even those born in Sweden – have been denounced by academic stakeholders.

The legislation was enacted after a heated discussion in parliament in June 2021.

Online magazine Universitetsläraren has identified several researchers that have had to travel as far afield as Asia to apply for visas to travel with their families to neighbouring countries such as Denmark or Germany. “With the COVID situation the travel can be very lengthy,” said researchers who did not want to disclose their identity.

Disruption

Erik Kvist, who is international coordinator at Lund University, said he and colleagues have been involved in similar cases where families have been uprooted from their work in Sweden to travel abroad, a process that can create problems at their workplaces and disrupts their lives.

Kvist said that in these cases the parents of the children are in Sweden on a valid residence permit. 

“The expulsion [out of the country] of a lone baby [without a permit] would be morally unacceptable, lead to great personal suffering and I am questioning how his can be related to the UN Convention on the Rights of the Child and the right to private and family life according to the European Convention on Human Rights,” Kvist said.

“The contention that one should make an application before the newborn baby came to Sweden is an unjust demand when the child is born in Sweden,” he said.

According to the press officer for the Swedish Migration Agency, Annica Dahlqvist, no exemptions to the rules will be offered.

Pil Maria Saugmann, Swedish National Union of Students (SFS) representative and chairperson of the Doctoral Students’ Committee at SFS, told University World News that roughly 20% of doctoral students in Sweden are affected by the new legislation. “But it is maybe also important to mention that the issue digs deeper and affects post-docs and other early career researchers as well,” she said.

The legislation’s impact goes beyond having to travel outside the country to apply for permit applications.

Financial self-sufficiency

Since 2014, international doctoral students have been able to secure permanent residency after four years of doctoral studies. However, last year’s changes – introduced without a transition period – also make it necessary for international students and researchers to show they are financially self-sufficient, in other words, have a job, for a period of time, a period interpreted by the Swedish Migration Agency to be at least 18 months.

petition by the Swedish Association of University Teachers and Researchers (SULF), the Swedish National Union of Students’ Doctoral Students’ Committee (SFS-DK) and trade union Fackförbundet ST calling for a reversal of the legislation, notes that doctoral students and other early career researchers are very rarely offered such long-term contracts, whether employed by universities, private companies or the state. 

At the same time, those who hold a PhD degree are rarely unemployed and, if they are unemployed, it is usually only for a short time. 

“While the demand for their skills and expertise is high, their chances of being given a long-term contract are low during the first few years after graduation. The new permanent residency rules will create additional hurdles in their pursuit of long-term career development in Sweden. Hence, the new rules will also create a lose-lose situation for Sweden as a knowledge-based nation,” the petition, signed by almost 5,000 people, states.

‘Fatal consequences’

Adding her voice to criticisms of the legislation, Astrid Söderbergh Widding, president of Stockholm University, wrote in her blog on 23 September 2021 that the consequences of changes in the Aliens Act “risk becoming fatal for international doctoral students and junior researchers” and “threaten Sweden’s position as a prominent knowledge nation”.

She said the Swedish Migration Agency’s insistence on fixed-term employment for at least 18 months meant that doctoral students “can no longer count on completing their doctoral education in Sweden under reasonable conditions, while those with a newly earned doctor’s degree no longer have the opportunity to secure a multi-year post-doc or equivalent with the help of ‘bridge funding’ after the completion of their PhD”.

She called on parliament to introduce an exemption for doctoral students and junior researchers from the requirement to be financially self-sufficient in the narrow sense defined by the agency, saying: “All of Sweden’s higher education institutions agree.”

Speaking to University World News on behalf of the European Migration Network, migration expert Bernd Parusel said that for some time the main focus of migration policy in Sweden has been to limit the immigration of people seeking asylum and their family members. 

“It seems that this restrictive approach in Swedish migration policy has spilled over and affected other groups as well, even those that Sweden wants to attract and retain,” he said.

The call for changes to the new legislation continues, with the establishment of a Facebook page, “Intl PhD students in Sweden call for changes in permanent residency law”, which has so far attracted 2,300 members. 

SULF is also keeping the issue alive by arranging webinars on the topic and has set up a webpage hosting question-and-answer sessions and other information.

Source: Academics protest against ‘fatal’ changes to Aliens Act

New Zealand: Immigration ‘reset’ could link migrant numbers to building consents, and tightly limit migration

Always interesting to see how other immigrant-based societies adapt and change policies, generally from a much more restrictive approach compared to Canada:

A Government immigration “reset” aims to make it harder for migrant workers to find jobs, and could see immigration policy linked to building consent numbers.

The Ministry of Business Innovation and Employment (MBIE) is conducting discussions behind the scenes to prepare industry for a big shock after the border opens.

Based on documents seen by Stuff and discussions with some who have been involved in the stakeholder forums, the scheme will allow accredited employers in selected industries with sector agreements to bring in a quota of temporary lower-paid workers.

It may also be harder for skilled migrants who move to New Zealand to bring their partners and family members across with them, and those who come over may have to satisfy separate skills and labour requirements.

IntoNZ Immigration adviser Katy Armstrong says she also understands a “green list” of specific occupations will also be exempt from the reset restrictions.

“That will be what some people in the country will love because they will think it’s great that Government steps in and uber-controls, but it’s a delicate balance isn’t it?

“Because employers also need the freedom to get the right people to do their jobs and I think they’re going to be constrained.”Those industries without sector agreements will have to recruit lower-cost temporary workers who are on open work student visas or working holiday visas.

However, it will be much easier for businesses across the board to hire migrants for highly skilled, highly paid roles.

An MBIE document accompanying the discussions says a key outcome of the changes will be to: “restrict the set of jobs that potential migrants and their families can pursue to work in NZ”

“Some businesses, sectors and regions will find it tougher to adapt.

“Sectors that use large numbers of migrants to fill low-paid, low-skilled roles such as tourism, hospitality and retail.

“Businesses in regions where there are thinner labour markets such as tourism and primary sector businesses in places like Queenstown.”

One of the core aims of the reset is to encourage greater productivity, but Sense Partners economist, Shamubeel Eaqub, says blocking low-skilled migrants, and making it easier for businesses to hire highly-skilled, highly paid migrants from overseas, might actually discourage the creation of a more highly skilled workforce domestically.

“Essentially what we’re saying is that there are these highly paid, highly skilled jobs that are available, but they will be filled by migrants.

“But if you couldn’t do that what would the business do? They would probably train up somebody who was close enough, they might create career pathways, training pathways, scholarships.

“If you are always going to bail-out businesses that need highly skilled people, how are you going to create pathways to become highly skilled in New Zealand?”

The number of work visas issued will be linked to residency places, and residency places will be linked to a measure of the “absorptive capacity” of the economy.

Officials are allegedly exploring measures to better measure this link, including linking residency places to long-term trends around building consents, or the infrastructure deficit.

Some officials are also allegedly warning stakeholders that residency criteria will be tightened too. Presently people who apply for residency need to meet a points-threshold.

After the reset Immigration officers may continue counting points beyond this threshold, and prioritise applications with higher scores. They are also allegedly exploring introducing distinctions like whether a person’s university degree was obtained from a university with a higher international ranking than a New Zealand university (a measure which could benefit European and North American university graduates).

The proposals look set to attract fire from both ends of the political spectrum, with National MP Erica Stanford criticising the approach as the Government “picking winners”, and the Green Party MP Ricardo Menendez March saying it is “a way to sneak in a population policy which would be led by companies”.

March also worries the big role employers will play within the scheme will lead to a large power imbalance between migrants and employers.

With such tight restrictions he argues it may also prove difficult for migrants to switch between employers and jobs.

Eaqub says this is a concern of his too, and it could be difficult for migrant workers to escape an exploitative employer, because they might not have the freedom to take on a different occupation under the proposed system.

Immigration Minister Kris Faafoi was presented with a detailed list of the alleged ideas under discussion, but said they “do not accurately reflect the choices under consideration”, and declined a request for an interview.

He said an announcement around the Immigration reset would be made in the coming weeks.

Sources have told Stuff Finance Minister Grant Robertson is another important force pushing for the changes, however, he too has declined to comment.

March says giving businesses and industries a quota of migrants, that they lobby for, is effectively “devolving these important nation-impacting decisions” to private companies.

“Any move towards have a population policy deserves to have a very fulsome discussion that should be Treaty-led.”

However, it is understood no single population target will underpin the immigration reset, because of fears it could be labelled a “population policy”.

Eaqub sees the lack of a population target as a big weakness within these proposals. Many of the ideas appeared to be about limiting immigration, but equally the country could face issues with a lower than expected rate of population growth too.

A population target could help the country correct for an underwhelming level of population growth, while the current proposals were more about limiting the inflow of skilled migrants.

“Whether or not you’re going to have 10 million people in 50 years time, or you’re going to have 4 million people, actually matters a lot.

“Without that population policy, it’s quite hard to know what kind of capacity we should have as a country.”

However, Eaqub says the alleged immigration changes would represent a real change, because prior to the pandemic New Zealand businesses had access to a range of different migrants, but under the new changes the range of businesses and occupations would be more tightly controlled by the Government.

“What we will have is a bunch of industries, rightly or wrongly, who will have access to workers, and others won’t.

“I don’t know how much faith you have in the skills list that Immigration has used in the last decade or so, but most of the evidence from people in the industry I speak to is the skills list is not accurate, it’s quite dated.

“There’s a real risk that a centrally planned approach will have that issue.”

Stanford says she is worried about a policy that picks favoured industries as winners, and singles out others as being unable to access migrant labour.

“They’re going to a much more highly restricted approach at a time when there is a worldwide labour shortage where we’re competing against other countries in the world for the top talent, and yet we’re making it more difficult.

“If we need people like truck drivers, for example. Well truck drivers won’t have degrees, and if they do, they may not be from a great university, but do we care?”

The Government’s immigration reset has been a magnet for controversy since it as announced, and the Government has provided few details about what it might entail.

Immigration Minister Kris Faafoi was unable to attend the announcement and his fill-in, Stuart Nash, struggled to answer detailed questions about the proposal on day one.

Then announcements around temporary visas, like working holiday visas, filtered through, which appeared to contradict the overall thrust of the policy.

Now, the “Immigration Reset” has been rebranded as an “Immigration Rebalance”.

NZ Initiative chief economist Eric Crampton says one of the problems with the “reset”, or “rebalance”, is that it is targeting a problem that doesn’t exist.

He argues New Zealand has a housing and infrastructure problem, not an immigration one.

“You’re not running out of new cars or used cars because migrants are taking them all. You’re not out of haircuts at barbers’ shops because immigrants have taken up all the haircuts.

“There is nothing else where you’re seeing ‘oh my God the migrants took all these things’.

“It’s just pressure in housing, because we’ve got infrastructure supply that’s been heavily constrained, because the financing of it is a mess, and local councils don’t have abilities to keep up with that.”

Crampton says the root of this problem lies not immigration, but in the supply of zoned land for housing. He points to cities like Atlanta, in the United States, which has maintained a stable level of housing affordability despite high levels of population growth.

To keep house prices down Crampton argues councils need to zone much more land for apartments, townhouses, and other residential dwellings, than they need.

Crampton says making immigration contingent on housing consents, or similar measures, could actually lead to councils zoning less land for housing.

If lower than expected immigration levels are fed into back into future population growth estimates, then councils would have even more reason not to consent more land for housing.

Eaqub also questions the link between population growth and housing affordability. Population growth has been very low over the last two years, yet the number of building consents issued have reached historically high levels – something you might not expect with forecasts of lower population growth.

He believes things like the number of houses being built relative to population are much more based on the political appetite for investment in infrastructure.

“I think all the evidence on housing is that it doesn’t matter if it’s high [population growth] or low, we just suck at building houses.”

Source: Immigration ‘reset’ could link migrant numbers to building consents, and tightly limit migration

‘They’re Authoritarians, Dammit!’ Art Spiegelman On the School Board That Cancelled ‘Maus’

Worth noting:

In the four decades since Art Spiegelman began Maus, the graphic novel has sold millions of copies, won a Pulitzer Prize, and secured a place in the Western canon. The book communicates the history of the Holocaust through the history of his family— Polish Jews, who are rendered as mice, sent to death camps by Nazis, who are rendered as cats. Maus is taught in thousands of schools, including, until recently, to eighth-graders in Tennessee’s McMinn County, where the local school board voted 10-0 on Jan. 10 to remove it from the middle school curriculum. With predictable results.

Already alert to a flurry of previous efforts to remove titles deemed inappropriate by state and local politicians—including a Texas state lawmaker’s demand that every school district “investigate” some 850 books dealing with race or sexuality—liberals smelled a rat. Public school curriculums feature prominently in the culture wars that many Republicans are hoping to ride to electoral victory. Progressives may argue for an unvarnished instruction of U.S. history, but in Maus, one member of the McMinn County school board found “it looks like the entire curriculum is developed to normalize sexuality, normalize nudity and normalize vulgar language. If I was trying to indoctrinate somebody’s kids, this is how I would do it.”

“Who’s the snowflake now?” Spiegelman shot back in one interview.

The cartoonist, who turns 74 on Feb. 15, spoke to TIME the morning after headlining a webinar that had attracted an audience of 17,000 before crashing the Facebook page of the Jewish Federation of Greater Chattanooga, which had hosted the conversation along with an array of Tennessee clergy, rabbis, and local activists Spiegelman found so enlightened and reasonable he said he might “have to jettison my caricatured notion of them all as Lil’ Abner-style hillbillies.”

TIME: How much are we dealing with caricatures here?
Art Spiegelman: Well, we’re dealing with everything from vile, racist and antisemitic caricatures to caricatures of what children are. And on the other end of the spectrum, maybe caricatures the way Walt Kelly and Herb Blockapplied them.

Have you ever been to eastern Tennessee?
Never.

You read the minutes of the meeting?
Yes I did. Several times.

What do you think is actually going on?
That’s what left me so filled with flop sweat before the conversation last night, because I kept veering back and forth. Am I just a total Pollyanna naive idiot? Or are these people really idiots? Or are they actually sinister forces that have gathered to, like, kill America for their own profit? Or what are they? I don’t know to what degree they’re genuinely out to destroy America and to what degree they’re actually just like I the metaphor I used last night: If you saw somebody like a psycho killer, strangling a loved one of yours, and you couldn’t reach that person to stop them. And your only response was, “God, did you see the fingernails on that creep’s hands? They’re dirty.”

Do you think it would help to meet the people?
Through bulletproof glass, yeah.

We refer to it as a ban. Is it a ban?
It’s not banned in its broadest meaning, but it is a ban of sorts to use authority to keep people from things. Yes, it’s a ban. And yet it’s not a book burning.

The board later put out a statement that their decision “does not diminish the value of Maus as an impactful and meaningful piece of literature.” Do you take them at their word?

I don’t know. That’s where I started this conversation with you. I don’t know. I don’t know. Did they rewrite their minutes to get rid of all the terrible things actually said to each other in order for us to sanitize the meeting minutes, two or three weeks later? How would I know? My guess is that what they did was the law of the land still is based on the 1982 decision that you can ban things further affect young minds and whatever but you can’t on the basis of content. So they focus on how terrible it was to see what they described as a nude woman—what I saw as the naked corpse of my mother in the bathtub having slashed her wrists in that bathtub. And to call her nude, it made me angry. Naked, which means a kind of vulnerable lack of covering, is enough to get you livid, because look, what do they want me to show, like her upside down in the bathtub? Or wearing a bathrobe splattered with blood in the bathtub? Which didn’t make any sense. They didn’t want to show it. And that was a problem.

I just can’t tell to what degree this carried water for more whacked out people than they are, the ones who really stand to profit from getting more charter schools in the area that teach religion, thereby taking money away from a public education that needs far, far more to do its job well. I don’t know. So we’ll have to see how this plays out. I don’t think I’ve changed and hearts and minds. What this thing last night did show is that caricatures aren’t the way through unless you really know how to use them. It’s like these people that I met last night are wonderful … talking about building bridges rather than blowing bridges up.

Some of the people in the webinar appeared quite pleased. Was that because they have a battle that has been joined?
Yeah. They’re fighting not to burn the book burners or whatever, but really trying to make some kind of bridge—although I think it might be a bridge too far—it’s such an admirable thing to do. They’re better people than I am. I tried to rise to the occasion. But the caricature thing is: caricatures can be used be used to subvert themselves, you know, like the caricature of reducing Nazis and Jews to Cats and Mice. But by showing the caricatures as masks with humans underneath it, and pointing to that more and more as the book goes on, dissolves whatever their caricature is by creating a kind of self-destructing metaphor. But you’re play with dynamite when you’re playing with caricature.

It’s such a personal book. Is the offense personal?

Yes. Because when they’re really most focused on me yelling at my father when he destroyed my mother’s diary and finally confessed to it. I say something like “God damn you, murderer, you murdered her a second time!” The memories that she had managed to preserve for me, because what she said when she was young ,when she died, reoccur, and were destroyed so my cursing is there. And I’m cursing at my mother. I’m calling her a bitch, in the confusion of finding out that my mother had just died that day by killing herself. And there’s a a turmoil, there’s a turmoil of remembering my early childhood, of what the reasons might be, ranging from premenopausal depression to life in the camps damaging her so badly.

That I felt was a little place they had really focused. But why? Because I believe, they were upset that I was breaking the commandment to honor thy father and mother. And that was usurping their authority. They’re all parents. They don’t want their kids talking to them like that, thank you. Authority is what they like the most. They’re authoritarians, dammit.

The board’s attorney said the book could be salvaged if the author approved “extensive edits,” like whiting out “bitch.” Maybe we should just put in “blintz” or “bagel.” Make for a more wholesome Jewish cultural experience.

You have a long history with censorship, right? The Comics Code?
The Comics Code is what made me. Yes, the burning of comic books literally in the 40s and 50s by teachers, clergyman, parents. There were several bonfires across the country. I have a photo of one in Binghamton, N.Y., where I was in college till I got kicked out. That was an important moment because comics had been perceived as being for children, although adults—certainly, GIs, and young women who read true romance magazines were reading romance comics—were probably reading them more than children. But it was focused on the same thing these school board people focused, on we have to protect the children as opposed to educate them, and not let them actually follow their fantasies.

But those comic books that they were burning were pretty far out there and getting more far out as they lead into the more adult audience. You know, the horror comics and some of the very lurid images in many of those comics more and more were among the comics I love the most, because they were kind of on the edge of the forbidden, because they were showing me things to their most exaggerated. And I love those comics, the horror comics. And mainly the horror comics companion from the same publisher:MAD. If there was one of these Citizen Kane biographies about me, like the rosebud at the end would be a copy of MAD comics.

This controversy has boosted sales, hasn’t it?
I think enormously. I haven’t seen it yet. But you know the cynical side of this is like: “Oh man you just got to get your book banned, it’ll really do wonders.” I can envision a future in which there are book galleys going out to people saying publication date, April 5, ban date May 1 .

I didn’t need the uptick in sales. Maus has been really selling steadily since 1986, when the first volume came out, even more so after it won the Pulitzer Prize. I didn’t need to boost my income. It’ll give me more money to donate to things like voter registration.

But the other thing about the forbidden is that it’s it’s it’s always richer if you have to sneak it right? I had to hide MAD magazine from my mom.

As my friend oldest, closest friend, who is now dead, would say, there was a point where he had to hide MAD inside a school book, and a point where he had to hide MAD inside his copy of Playboy.

Which you’ve also worked for, as the school board noted.
Yes, they sure did note it! The roster of authors who have appeared there probably are on their banned list. They include Gabriel Garcia Marquez, Margaret Atwood, Shel Silverstein. It’s an honorable company to be in, even though I understand how Playboy hasn’t aged well in our current moment. Great one to be able to throw at me.

Source: ‘They’re Authoritarians, Dammit!’ Art Spiegelman On the School Board That Cancelled ‘Maus’

Ethnic media provides added perspectives on “Freedom Convoy”

Useful coverage by New Canadian Media and MIREMS:

Over the last week, from Feb 3. to 10, various ethnic media outlets offered a wider range of perspectives on three hot-button issues that have dominated mainstream headlines.

From the so-called Freedom Convoy, to Erin O’Toole’s ousting as leader of the Conservative Party, to the Black History Month, ethnic media provided coverage that went beyond the usual suspects interviewed by the mainstream.

By elevating different cultural perspectives, opinions and narratives, ethnic media was able to provide coverage that offers a fuller understanding of the issues at play. NCM has worked with MIREMS to bring readers these added perspectives.

Polarizing ‘Freedom Convoy’

The top story in both the mainstream and the ethnic media was the ‘Freedom Convoy’ protesting against vaccine mandates and pandemic restrictions in Ottawa and provincial capitals as well as land border crossings to the U.S. The Romanian paper Faptu Divers, for example, supported the convoy in multiple articles and likened Prime Minister Justin Trudeau to former Romanian dictator Nicolae Ceausescu for curtailing people’s freedoms, while the Polish paper Goniec reported that that community provided food for the protesters. The Polish Gazeta, on the other hand, focused on the harassment, racism and misbehaviour of the protesters. 

Both the Russian Vancouverovka and Russian Week highlighted comments by CBC host Nil Köksal suggesting that Russian actors are behind the protests because of Canada’s support for Ukraine.

Multiple features on OMNI TV News Filipino focused on the impact the protests had on members of the Filipino community, who reported being afraid to leave their homes because of the harassment from protesters.  

A feature on OMNI TV Italian focused on the racist messaging at the protests. G98.7 FM online radio featured responses from the Black parliamentary caucus to the public display of hate symbols, including the Confederate flag as a symbol for slavery.

Punjabi media focused on Punjabi truckers, who make up about a quarter of all Canadian truckers, and the hardships of the industry. OMNI News Punjabi featured some Punjabis among the protesters, who emphasized that they are against the mandates, not the vaccine, and object to protesters being silenced and insulted as extremists. 

Several other features on OMNI Punjabi focused on Punjabi truckers who are stuck on the U.S. side of the Canadian border by Coutts, Alberta and by Windsor, Ontario. These truckers had to reportedly live in their trucks for days without access to food or medical supplies and were unable to do their jobs, deliver their goods and attend to personal commitments back home. Several other features highlighted that the Punjabi truckers have other priorities. 

According to ethnic media reports, most Punjabi truckers are vaccinated, as vaccine coverage in the Punjabi community is high. Their priorities are around road safety, snow clearance, road maintenance, as well as working conditions and wage theft. 

In fact, the West Coast Trucking Association organized a separate protest in January to demand better road maintenance on B.C. highways, which has not been mentioned by anyone taking part at the ‘Freedom Convoy.’ One trucker started an online fundraiser to “Support Canada’s real struggling truckers,” which had raised $7,866 as of Feb. 9, according to OMNI Punjabi.

Chinese media on O’Toole’s ousting

Another top story was the Conservative leadership race. 

Coverage reflected the vote to oust Erin O’Toole, the selection of Candice Bergen as interim leader, the candidacy of Pierre Poilievre, and speculations around other potential candidates such as Premier Doug Ford, Mayor Patrick Brown, Peter MacKay and Jean Charest. 

However, the race took a particular spin in the Chinese media, where it was coloured by perceptions of the Conservative party’s hostility towards China. Erin O’Toole was perceived to be extremely anti-China, which may have lost the Conservatives several constituencies with a significant Chinese population in the last election, as Ming Pao Toronto reported on Feb. 3. 

Reports reflect that Chinese media were relieved and delighted at O’Toole’s ousting, because having him as prime minister would, in their view, further increase discrimination and hate against the Chinese diaspora, according to reports from Van People. 

And according to a report on Sing Tao Vancouver, Lin Wen, co-founder of the Canadian Chinese Political Affairs Council, figured that no matter who the new Conservative leader is, the Conservative Party’s China policy will not be changed.

Black History Month beyond the usual

Another topic that has more prominence in the ethnic media than in the mainstream has been Black History Month. 

In the mainstream, Black History Month was covered either from a bird’s-eye view of its significance, sometimes with reference to event listings, or with a focus on statements by political leaders, from the Prime Minister to local mayors. It also looked at ceremonies like flag-raisings and museum exhibits. Some contributions feature a Black author or a celebrity like Lincoln Alexander. 

The ethnic media, on the other hand, were more focused on issues of concern to and activities arising within the Black community. 

The radio station G 98.7 FM and OMNI TV reported in depth on the BE-STEMM 2022 virtual conference organized by the Canadian Black Scientists Network. The network has found that there are few Blacks in the areas of science, technology, engineering and mathematics (STEM) because Black students are not encouraged to pursue these areas in school. The network aims to open doors for Black people in Canada and around the world, as G 98.7 FM and OMNI TV Focus Punjabi reported on Feb. 4.

Another talk show on G 98.7 FM was devoted to a discussion on COVID with members of the Black Scientists’ Task Force on Vaccine Equity. According to the task force, the Black community is over-exposed to COVID because many cannot work from home, have to commute on public transit, work in customer service or care-giving jobs, and have underlying health conditions putting them at greater risk, such as hypertension, diabetes and asthma. 

School disruption was also discussed as something that wreaks more havoc for Black and low-income children’s learning than for other groups. At the same time, Blacks are under-vaccinated because they distrust the authorities, information is not communicated to them appropriately, and they are targets of racialized disinformation using specific triggers from their historical experience.

Ethnic media’s coattails

Often, ethnic media highlights issues of concern to a community that are either not reflected in the mainstream media or which are only picked up by it after they circulate in the ethnic media for a while. 

One such example was a story about the Hindu community in B.C. protesting against a new small business owner who is using an image of Lord Ganesh along with profane language in her logo. 

Community members, including about 40 organizations, are gathering signatures to have her stop using either the image or the wording, have approached local MLAs and MPs, held a protest at the Hindu temple, and are looking into legal action and mounting a PR campaign on social media. 

They feel this is cultural appropriation, Hinduphobia and racism, and they want a new law to protect Hindu culture. MP Sukh Dhaliwal attended the protest and said Canada is a diverse country and that we should celebrate each other’s culture and faith. He was going to approach the Heritage Minister and Prime Minister about this. 

The story broke on the indiansinvancouver.ca blog on Jan. 31 and then on the Desibuzz Canada news website on Feb. 4. It was only then that it was picked up by CBC Vancouver on Feb. 6 as a report about the protest at the temple and by the Punjabi station Zee TV on Feb. 8. 

Source: Ethnic media provides added perspectives on “Freedom Convoy”

Gurney: All these truckers, and no one at the wheel

One of the better commentaries on the failure of political and bureaucratic foresight and leadership (although Friday federal and Ontario government showed some):

At time of writing — and, gosh, things have been moving fast today — Ottawa remains the site of a major protest, in several locations. The Ambassador Bridge, linking Windsor and Detroit, has been blockaded. Two other U.S-Canada border crossings have also been shut. The federal public-safety minister has said that the RCMP is sending reinforcements to the closed border crossings. We’ll see what we run out of first: Mounties or blockades. Or, given the threat to our supply lines, critical supplies.

I think the most important thing to understand about the convoy-protest crises now unfolding in this country is that many of our leaders are overwhelmed and confused by a situation that they were not prepared for. It has echoes of the beginning of the pandemic, right? In early 2020, we had weeks or even months of notice that something was happening in China, and then in the Middle East, and then in Europe, and then in North America, and then here. And right up until the moment we dropped the hammer for the first lockdown, the official position remained that the risk to Canada was low.

The protests now rocking Canada aren’t a virus. But it’s the same leaders — in many cases, literally the exact same people in the same roles in the same institutions — who yet again had early warning that something was brewing, had a pretty good idea of what was planned, and then were still stunned to find it happening in Ottawa. In conversations all this week with sources at both the provincial and federal level, I got the overwhelming sense that, while a full understanding that we are in a crisis is now taking firm root across our governments, there’s still a lot of confusion and denial among senior bureaucrats and elected officials. The information is there. They just can’t accept it yet. And, until they do, there’s no chance of action. 

Canada has been a blessed country for generations. There haven’t been major consequences, on a societal level, for a degree of unseriousness among our political leaders. As a country, we are rich, well-fed, militarily secure, and well-tended to by a health-care system that, at least pre-COVID-19, could have been a lot better but wasn’t terrible, overall. It was solidly decent. 

The problem with a degree of unseriousness is that the world can be a pretty serious place. Future historians will probably marvel at the complacency and mediocrity we tolerated and eventually grew to expect and accept as normal amid our political class and in the functions of government. But whatever conclusions they draw after all this, we’re stuck in it now. This is where we are, these are the problems we have, and you’ve all met the leaders we’re living with. So what do we do?

We have to accept their limitations. Most of our politicians today never imagined they’d be living through times like this. They wanted a bit of power and status in a happy, stable, wealthy peacetime country. Now they’re being asked to lead that country during an emergency. Not only is this not what they signed up for, but it’s also something they probably never even thought about before putting their name on a ballot. They probably aren’t the right people for this moment. Those who may have it within them are going to have to learn on the job and won’t have much help doing it. I don’t think most of our bureaucracy or political staffers are more up to speed on these compounding challenges than most of the elected leaders.

So all I can ask of them, all I can advise (beg?) them to do, is to try to remember that the public is looking to them to make the best decisions they can in the public interest. The public doesn’t care about partisanship right now — well, okay, fine, some of them do, because they want to make sure the blame lands on the other guy. But most of us just want to see our governments working together. Most of us don’t care about the mistakes that brought us here (or are at least willing to postpone the blame game and focus on solutions). And we really don’t want to see people buck-passing or hiding from hard decisions behind jurisdictional fig leaves. 

On Thursday, reports emerged that the Ontario government wasn’t sitting down with federal and municipal counterparts regarding the Ottawa situation, because the meetings “don’t accomplish anything.” Then show up, dammit, and pound the table and throw your shoes around the room and toss chairs through the window until something is accomplished. If the feds and Ottawa are too stunned to make a call, someone from Queen’s Park needs to take the wheel.

Or from Ottawa! Or from the federal government! Who cares?! Lock them in a room until someone discovers a spine and starts leading the effort. This is literally the least they could do — and the least they owe the people.

We need leaders now, not politicians content to avoid any action and let someone else take the blame. I’m not sure we have any. And it looks as if the so-called leaders at Queen’s Park won’t even show up. History is watching. Hell, the present is watching. You are all failing this latest challenge. Avoiding the meetings and shunting your calls right to voicemail isn’t politically savvy, guys. It’s just gutless. 

Source: All these truckers, and no one at the wheel

Ghayyur: Canada’s realpolitik ignores the plight of Muslims in India

Of note:

Human Rights Watch’s 2022 World Report argued that while there is still hope for the world’s democracies, there remain plenty of threats in the distance. In particular, the report noted that a number of governments around the world are committing atrocities while enjoying the reputational benefits of being a democratic country.

India, the world’s most populous democracy and one that was founded on a secular constitutional order, has become one of the worst offenders among them.

After a 2014 electoral victory for his Bharatiya Janata Party (BJP) – a political wing of the Hindu-nationalist paramilitary group Rashtriya Swayamsevak Sangh (RSS) – Prime Minister Narendra Modi has propelled Hindu nationalism, or Hindutva, into the Indian mainstream. Over the past eight years, the BJP government has adopted policies that discriminate against minority groups, and there has been a surge in violence against those who are not members of the country’s Hindu majority, including attacks on Christian churches and Sikh farmers and abuse of Dalits – all while the government has largely stood idly by.

Muslims have been particularly targeted. In 2019, the Modi government enacted the Citizenship Amendment Act, which allows religious-minority refugees to become citizens unless they are Muslim; it also created a national register of citizens, which threatens to disenfranchise Muslim immigrants or deport others without documentation. High-ranking party officials have vilified Muslims in public remarks. Incidents of mob vigilantism in defence of cows, which are sacred to Hindus, have increased in recent years, with most cases leaving Muslim victims. And in December, a video recording from a conference in northern Indiaattended by party members and religious leaders with ties to the BJP showed militant Hindutva extremists calling for an armed “cleansing” of the country’s more than 200 million Muslims. Mr. Modi has not denounced this incitement of hate and vilification of minority groups, which will only further embolden Hindutva extremists. “We should be crying genocide emergency for India,” declared Dr. Greg Stanton,president of Genocide Watch, a leading human rights watchdog group, at a recent leadership briefing on India.

Even documenting such human rights abuses in Mr. Modi’s India has become dangerous. The BJP and RSS have cracked down on human and civil rights organizations and media in the country. Amnesty International India was forced to shut down its operations in September, 2020, and last year Reporters Without Borders ranked India 142nd on its World Press Freedom Index, which deemed the Indian press less free than Myanmar’s or Uganda’s.

And yet, despite these documented horrific human-rights violations, Canada-India relations continue to improve. Even as India becomes hijacked by an ideology of hatred that aspires to transform the country into an entirely Hindu one, the increasingly authoritarian Modi government continues to hide behind facades of pluralism, democracy and the legacy of Mahatma Gandhi’s non-violence. And Prime Minister Justin Trudeau has chosen realpolitik above holding the Modi administration accountable for human rights violations in the name of Canada’s economic and security interests.

With Canada’s ties to China deteriorating, the Trudeau government has been looking for partners to help it oppose China’s aggressive international stance. As a result, India is attempting to boost bilateral relations. Canada’s International Trade Minister Mary Ng’s recent meeting with her Indian counterpart, Piyush Goyal, “welcomed a re-engagement on negotiations toward a Canada-India comprehensive economic partnership agreement.”

Although India claims to share Canadian values and interests, its normalizing of Islamophobia and human-rights atrocities demonstrates that this is not the case. Canada must declare human rights a priority and a requirement for any economic or security deals with India.

In the 2022 Human Rights Watch report, executive director Kenneth Roth wonders: Will democratic leaders “act consistently, both at home and abroad, with the democratic and human rights principles they claim to defend?”

This is a question Canadians should ask Mr. Trudeau. Protecting human rights across the world must be a top priority for Canada in 2022. It is past time that Ottawa categorically oppose violence against Muslims and attacks on the religious freedoms of Christian, Dalit, Sikh and Indigenous Adivasi in India. Otherwise, by calling Mr. Modi a friend, Canada makes itself complicit on the international stage.

Source: Canada’s realpolitik ignores the plight of Muslims in India

Biden seeking professional diversity in his judicial picks

Significant. In contrast, my analysis of judicial appointments under the Liberal government (close to 500 appointments, 55.7 percent women, 8.5 percent visible minorities, 3.1 percent Indigenous):

President Joe Biden spent a recent flight aboard Air Force One reminiscing with lawmakers and aides about his start as a young lawyer in Delaware working as a public defender in the late 1960s.

The flight from New York to Washington was short, and there wasn’t much time to explore the president’s brief time in the job during the civil rights era. But as Biden considers his first Supreme Court nominee, this lesser-known period in his biography could offer insight into the personal experience he brings to the decision. The account was relayed by a person familiar with the trip who insisted on anonymity to discuss it.

Biden has already made history by nominating more public defenders, civil rights attorneys and nonprofit lawyers to the federal bench during his first year in office than any other president, increasing not just the racial and gender diversity of the federal judiciary but also the range of professional expertise. And it’s possible that theme will continue as he looks to make more history by nominating the first Black woman to the nation’s highest court.

While three of the current justices have experience as prosecutors, none was a criminal defense attorney. The last justice with serious experience in defense was Thurgood Marshall, a civil rights attorney nominated about 55 years ago. He was the first Black person on the court and retired in 1991.

Some of the women on Biden’s list of potential nominees have deep public defense or civil rights backgrounds: Ketanji Brown Jackson, 51, for example, worked as a public defender and served on the U.S. Sentencing Commission before she was nominated to the bench by President Barack Obama. Eunice Lee, 51, whom Biden named to the U.S. Court of Appeals for the 2nd Circuit in August, is the first former federal defender to serve on that court.

Biden’s judicial appointments thus far make clear his interest in professional diversity.

Nearly 30% of Biden’s nominees to the federal bench have been public defenders, 24% have been civil rights lawyers and 8% labor attorneys. By the end of his first year, Biden had won confirmation of 40 judges, the most since President Ronald Reagan. Of those, 80% are women and 53% are people of color, according to the White House.

“It’s so important to have a diversity of perspectives and having the judiciary really reflect the diversity of lived experiences and perspectives of the folks who are coming before them,” said Lisa Cylar Barrett, director of policy at the NAACP Legal Defense & Educational Fund.

The Supreme Court hears only a fraction of federal cases filed each year. Federal judges are hearing most of the cases, with roughly 400,000 cases filed in federal trial courts a year. The high court hears only about 150 of the more than 7,000 cases it is asked to review annually.

Most of the judges appointed to the federal bench have worked as prosecutors, corporate attorneys or both. A survey three years ago found more than 73% of sitting federal judges were men, and more than 80% were white, according to the Center for American Progress.

A diversity of professional expertise makes for a more fair and just bench, advocates say. Judges draw on their personal histories to help them weigh arguments and decide cases, and they also learn from each other. Public defenders often represent the indigent and the marginalized, those who often can’t afford their own attorneys.

“They represent the 80% percent of people in the criminal legal system too low-income to afford a lawyer,” said Emily Galvin-Almanza, a former public defender who founded the nonprofit Partners for Justice. “So when you put a public defender on the bench, you’re putting a person on who listens with a very different ear. You have a person on the bench with an experience of the realities of very, very disempowered people.”

Biden’s brief time as a public defender isn’t widely discussed, and it isn’t listed in his official biography on the White House website. He’s more prone to talk about his 36 years as a senator and his time as head of the Judiciary Committee, where he oversaw six Supreme Court nominations.

But the president has spoken at times about his brief time as a public defender before he became a U.S. senator at the age of 29. It’s informed some of his decisions in office, like directing federal grant money for public defense and expanding other federal efforts on public defense.

“Civil rights, the Vietnam War and President Nixon’s rampant abuse of power were the reasons I entered public life to begin with,” Biden said in a 2019 speech in South Carolina during the presidential campaign. “That’s why I had chosen at that time to leave a prestigious law firm that I had been hired by and become a public defender — because those people who needed the most help couldn’t afford to be defended in those days.”

In a 2007 memoir, he called the job “God’s work.”

The president promised during his campaign for president that he’d nominate a Black woman to the bench, and he spent his first year in office broadening his potential applicant pool through judicial appointments. Most Supreme Court justices have come from federal appeals courts, but it’s not a requirement. Among the current justices, only Justice Elena Kagan wasn’t a federal appeals court judge before joining.

Federal judges are often chosen from state courts, which also lack in diversity. But Biden’s very public push to diversify federal judges could have an impact on how judges in the states look, too.

“Neither state courts nor federal courts reflect the diversity of the communities they serve, or the diversity of the legal profession. Courts across the country are falling short,” said Alicia Bannon, the director of the Judiciary Program at the Brennan Center for Justice at NYU School of Law. “But we’re hoping that is slowly changing.”

Biden has promised a rigorous selection process for his Supreme Court nominee. His team, led by former Democratic Sen. Doug Jones, is reviewing past writings, public remarks and decisions, learning the life stories of the candidates and interviewing them and people who know them. Background checks will be updated and candidates may be asked about their health. After all, it’s a lifetime appointment.

The goal is to provide the president with the utmost confidence in the eventual pick’s judicial philosophy, fitness for the court and preparation for the high-stakes confirmation fight. Interviewing potential candidates comes later, but Biden has already spoken to some of the women who may be under consideration back when they were being appointed to other courts.

Biden will also continue to seek the advice of lawmakers. He was to host Senate Judiciary Committee Democrats on Thursday, a White House official said.

Source: Biden seeking professional diversity in his judicial picks

Young Hong Kong dissidents were told Canada welcomed them. Why can’t they get visas?

Of note:

It wasn’t an inherently risky choice — he just heeded calls on social media to attend a public gathering to mark a student’s death at the height of anti-government protests. 

However, it was a decision that may have wrecked his future in Canada.

Clad in all black, he ventured out to join the event but as soon as he and four friends got off the bus in Hong Kong’s Central District, police stopped them. Authorities found a laser pointer in his backpack and charged him in 2019 with possession of a weapon with the intent to assault.

After serving seven months in a youth rehab centre in Lantau Island, the 20-year-old was released last June and planned to start his undergraduate study in Toronto, where he finished high school as an international student.

However, more than five months since he applied for a student visa and submitted thousands of pages of translated legal documents, the Hong Konger is still waiting for a decision from the Canadian visa post in the former British colony, now part of China.

Pro-democracy advocates in Canada say they have started to see visa-seekers from Hong Kong whose applications — a first step to access asylum in this country — have been stalled or refused, despite Ottawa’s public commitment to ease their passage here in light of the alarming human-rights situation there.

“These youngsters have been charged and imprisoned for wearing a mask or carrying laser pointers during demonstrations … arrested and convicted with trumped-up charges. To us, they’re political prisoners,” said Winnie Ng, chair of the Toronto Association for Democracy in China.

“The Canadian government had stated quite clearly that protest is a right and that convictions of these offences will not be a ground for inadmissibility to Canada.”

In 2020, after a new national security law took effect in Hong Kong, Ottawa announced a string of new initiatives to welcome students and youth to “quickly” come to Canada on work and study permits as well as introduced new pathways for them to stay here permanently.

Marco Mendicino, then Canada’s immigration minister, expressed deep concerns about the imposition of the new law in Hong Kong, which critics say has reduced judicial autonomy and restricted freedoms for dissent. 

“Taking part in peaceful protests is not considered an offence in Canada. As such, arrests or convictions outside of Canada for taking part in peaceful protests are not grounds for inadmissibility to Canada,” Mendicino told a parliamentary committee meeting then.

“No one will be disqualified from making a legitimate asylum claim in Canada by virtue alone of having been charged under the new national security law, and neither will they be hindered in any way from availing themselves under any other immigration route.”SKIP ADVERTISEMENT

Calling himself a supporter for “peace, reason and non-violence,” the young man who was found guilty of possession of a weapon by carrying the laser pen said he is disappointed that Canada hasn’t followed through its commitment.

“We have translated all the legal documents into English and explained to the visa officers the circumstances of the arrest and conviction,” said the man, who studied for three years in high school in Toronto and returned to Hong Kong for the summer in 2019.

“We were told to bring a torch light or laser point to commemorate the death of a protester who died two days earlier. And police called the laser pointer a weapon. But there was no confrontation or violence.”

According to the immigration department, at least 10 Hong Kong residents have been refused a visa on criminal grounds to date under the special measures — but many have successfully taken advantage of those initiatives for a shot to settle in Canada.

By the end of last year, 668 Hong Kong nationals who have studied or worked in Canada had been granted permanent residence, 7,950 others issued a three-year open work permits and 7,786 visitors, students and work-permit holders had their temporary status extended.

However, it’s the applications that are stalled or refused on “protest-related” criminality that advocates are concerned about.

Data collected by Toronto Association for Democracy in China showed Hong Kong police charged 2,605 people in the 2019 pro-democracy protest movement. The top charges were rioting, conspiracy with the intent to cause riot, face covering, unlawful assembly and possession of offensive weapons and items with the intent to destroy or damage property.

One of those arrested and convicted of facial covering was Ken, a 23-year-old university graduate, who took part in a protest against police violence in late 2019. He was acquitted of one count of rioting but was sentenced to a two-month jail term for violating the anti-mask law.

He said he wore the gas mask for self-protection because police had previously used tear gas and pepper spray on protesters. As a result of the prosecution, he said he and his family became targets of cyberbullying and he was shunned by potential employers for his association with the political movement.

“I didn’t see a future for myself in Hong Kong. We were harassed online and I didn’t feel safe there. I just wanted to start a new chapter in life,” said Ken, who fled Hong Kong to an undisclosed country after his application to travel to Canada was recently refused.

“How can you seek political asylum in Canada if you can’t even get into the country? I understand Canadian officials need to feel safe about someone coming to their country and they do need to screen out criminals. I’m just disappointed that they don’t take a more lenient, humanitarian approach in handling our cases.”

Toronto immigration lawyer Barbara Jackman said immigration officials can deem someone criminally inadmissible if they assess and find Canadian equivalency of the offences. However, an officer also has the discretion to look to the facts behind the case.

“It all depends on how they’re going to look at them in terms of whether China has overreacted and is actually prosecuting lawful dissent and protest,” said Jackman, who is involved in both the young Hong Kongers’ cases.

“The Canadian government has announced all these programs for Hong Kong residents. They are all parts of the news releases and bulletins that they come up with. It’s an expression of the government’s views on the matter. Visa officers are supposed to take it into account.”

The immigration department could not comment on the two specific cases but said inadmissibility decisions are made on a case-by-case basis.

“Security screening and the overall complexity of a case are some factors that can result in higher processing times. Other factors include delays associated with requests for additional information from the applicant, and how easily information can be verified and whether the application is complete,” said department spokesperson Jeffrey MacDonald.

Source: Young Hong Kong dissidents were told Canada welcomed them. Why can’t they get visas?