Holder: Appointing a Black woman to the U.S. Supreme Court opens the door to better jurisprudence

New term for me, “affective appeal,” that captures the importance of representation in public institutions and elsewhere:

In an October, 2013, address at the University of Cambridge Faculty of Law lecture theatre, I showed students a “class photo” of the United Kingdom’s Supreme Court and challenged them to “spot the difference.” It wasn’t a case for Sherlock Holmes: of the 11 justices, all were white, and only one was a woman – the solitary, if indomitable, Baroness Brenda Hale.

A decade later, my colleagues across the Atlantic, thankfully, do not have to play this game with their students. Three sitting United States Supreme Court justices are women, two are non-white, and the country is now on the cusp of another historic judicial appointment. On Tuesday, U.S. Court of Appeals Justice Ketanji Brown Jackson, President Joe Biden’s nominee to replace retiring Supreme Court Justice Stephen Breyer, began her confirmation process in the U.S. Senate. If her appointment is successful, Mr. Biden will not only have fulfilled a major campaign promise by putting the first African-American woman on the Court; he also will have acknowledged a core truth about how legal institutions should work.

Far from being a tokenistic nod to left-wing identity politics (as right-wing critics inevitably will contend), Judge Jackson’s appointment would reinforce an essential but undertheorized feature of well-functioning legal systems: affective appeal. The makeup of a country’s highest court should resemble the makeup of the country.

A critical mass of public buy-in is an indispensable ingredient in an effective legal system. Yet to the extent that the psychological dimensions of law have been considered at all, the focus has been on what social scientists call the “cognitive” side – law’s appeal to participants’ reason – rather than on law as an “affective institution” that is capable of appealing to participants’ emotions. Following psychologist Daniel Kahneman’s well-known schema, legal rules and institutions need to appeal to both of the brain’s thought processes: System Two (“slow,” analytical and theoretical thinking) as well as System One (“fast,” instinctive and intuitional thinking).

The wiring of our brains is a legacy of humanity’s origins in small tribes and kin networks, where trust was largely limited to one’s in-group. As a result, we tend to have far more immediate affective (emotional) connections to people who look “like us.” Under the right conditions, however, personal trust in an in-group member can spill over to impersonal trust in a larger institution.

As linguist George Lakoff of the University of California, Berkeley, and Mark Johnson of the University of Oregon point out, we are all symbolic thinkers. We live by metaphors. Contemporary talk of inclusive institutions and institutional diversity is not just fashionable sloganeering. Rather, it addresses a central need in any complex society. We need institutional structures that can reflect the experiences of a broad cross-section of stakeholders. The reason the Supreme Court and other key institutions should look like the country they serve is not just a matter of politics. It is important for their own proper functioning.

In a highly divided country like the U.S., the legal legacy of slavery and racism is not some old scar. It is an open wound, visible in practices like redlining and voter disenfranchisement, and in tragedies like the police murder of George Floyd. Under these fraught circumstances, the appointment of an African-American woman to the highest court can help to confer the institution with legitimacy in the eyes of a key, long-alienated constituency.

Judge Jackson brings just the right mix of objectivity and empathy to the job. It is to her credit that she has been deemed simultaneously elitist, by dint of her Harvard education, but also suspect, owing to a distant uncle’s incarceration for a nonviolent drug offence. She also has a long track record as a public defender – a first for the Supreme Court.

As critical legal scholars have noted for generations, legal institutions have a mixed record (at best) of delivering justice for the disenfranchised. As such, they have no right to assume their own moral authority. Rather, they need to earn it, which requires constant reinvention.

Judge Jackson is emphatic that she does not view all legal issues through the lens of race. Even so, her nomination raises an important issue of institutional design. By including a representative of the country’s most legally neglected community in one of its most highly respected institutions, the U.S. can set an example internationally.

As in television, cinema, and comedy, faithful representation makes for better storytelling. The mosaic of perspectives introduced into a university department, a marketing department, or a police department by more diverse hiring is not just an affirmative action cliché; it provides the basis for better performance. Similarly, Judge Jackson’s appointment to a seat on the U.S. Supreme Court is not just good politics; it provides the basis for better jurisprudence.

Source: Appointing a Black woman to the U.S. Supreme Court opens the door to better jurisprudence

New Leger Poll says 30% of young new Canadians could leave in the next two years

Interesting data, worth looking at the detailed breakdowns by age, education, income etc and significant concerns particularly among the younger and university cohorts.

Data on the number of immigrants who actually emigrate is imperfect but this 2018 Statistics Canada study, Measuring Emigration in Canada: Review of Available Data Sources and Methods, provides estimates for all Canadians, not just immigrants, ranging from 150,000 (using tax data, likely the best indicator) to 450,000.

The Annual Demographic Estimates: Canada, Provinces and Territories, 2021, however, indicates about 37,000 in 2019-20.

Earlier studies by Statistics Canada indicate that recent immigrants, young adults and more highly educated individuals are more likely to emigrate.

Given that our selection criteria are biased towards the younger and more highly educated, a certain amount of “churn” is to be expected:

A new national survey conducted by Leger on behalf of the Institute for Canadian Citizenship (ICC) — Canada’s leading citizenship organization and the world’s foremost voice on citizenship and inclusion — challenges some cherished Canadian assumptions about immigration and citizenship.

“Canada is a nation of immigrants — and one of the stories we tell ourselves is that we are welcoming to new immigrants, wherever they may be from,” says ICC CEO Daniel Bernhard. “But while this may be generally true, new survey data points to the fact that many new Canadians are having a crisis of confidence in Canada — and that should be ringing alarm bells all over Ottawa.”

Survey findings include:

  • 30% of 18–34-year-old new Canadians and 23% of university-educated new Canadians say they are likely to move to another country in the next two years.
  • While most Canadians and new immigrant Canadians alike believe that Canada provides immigrants with a good quality of life, Canadians have a much more positive outlook on Canada’s immigration policy compared to new Canadian immigrants.
  • New Canadian immigrants are more likely to believe that Canadians don’t understand the challenges that immigrants face and feel the rising cost of living will make immigrants less likely to stay in Canada.
  • Immigrants with university degrees tend to have less favourable opinions on matters related to fair job opportunity and pay than other immigrants.
  • Among those who would not recommend Canada as a place to live, current leadership and the high cost of living were the top two reasons

The full survey data is available here.

“The data suggest that younger, highly skilled immigrants in particular are starting to fall between the cracks,” said Dave Scholz, Executive Vice-President at Leger. “We need to continue working hard to ensure that we are welcoming newcomers with the resources they need to succeed, and that we continue to be a country that provides opportunity.”

Source: New Leger Poll says 30% of young new Canadians could leave in the next two years

Bell: Kenney’s plan to woo ethnic voters to help him save his job

Back to his days of Minister for Curry in a Hurry:
This is getting to be serious business.
I hear Rishi Nagar on West of Centre, a CBC podcast.When he talks about Premier Jason Kenney courting voters from cultural communities in northeast Calgary in a bid to keep his job it gets me curious.

I decide to give the political deep thinker a call. Nagar also happens to be a heck of a nice guy who knows his stuff.

Nagar is the news director at RED FM, a multicultural radio station in Calgary.

The questions come easily

How many people in northeast Calgary filled out membership forms for Kenney’s United Conservative Party?

Folks who snagged a membership by this past Saturday can register to vote Yes or No next month on the premier’s fate. As many as 20,000 across the province may register. It is an astounding number.

So what is the educated guess, the ballpark number?

Who better to ask than a man who attended a half-dozen Kenney events in the city’s northeast?

He says around 2,000-plus signed up for the premier

The premier. The citizenship, immigration and multiculturalism minister in his previous life in Ottawa.

His job back then was to win new Canadians to the federal Conservative side. Kenney was tagged with a nickname by an MP. The Minister for Curry in a Hurry.

As the premier scrounges for votes in the upcoming vote on his leadership, Nagar mentions organizers from different communities reaching out to their people “to fill the membership form for Mr. Kenney.”

He mentions Hindus and Sikhs and Muslims. He mentions Muslims from Pakistan and Muslims from Lebanon and Muslims from South Africa.

In every event there are forms filled out and collected in groups of 50. The memberships add up, the promises to vote for Kenney.Kenney is a very frequent visitor to the city’s northeast. The premier even goes to very small gatherings, as small as 15 people.

“He’s very happy,” says Nagar, of the premier.

Local members of the legislature, serving under the banner of Kenney’s United Conservatives, are at the back of the room.

It could be Rajan Sawhney or Mickey Amery or Peter Singh.

Nagar cannot say, and nobody knows, how many with UCP memberships will actually vote in Red Deer.

Of course if the UCP decides to have voting in Calgary as well as Red Deer it will be much more convenient.

Ditto if they decide to allow in-person voting in the capital city.

“Mr. Kenney is targeting minority communities here in Calgary. He must be doing the same thing in Edmonton,” adds NagarThe Kenney pitch is first and foremost the fear of the NDP.

Then the fear of breaking up the United Conservatives, an uneasy marriage of convenience with former Wildrosers and former PC types intent on seeing the NDP defeated last election.

Then there’s Kenney on the economy coming out of COVID, pledging to make communities “happy and flourishing.”

Kenney talks a lot about the economy.

The man from RED FM says there is not one single question on the premier’s past comments on the spread of COVID in northeast Calgary or on the issue of hail insurance after the huge storm.

Nagar says just before the Alberta government budget Kenney was “absolutely unpopular.”

After the budget things started changing. He started showing up.

There is “one interesting feature” mentioned. The desire to get a picture with Kenney.

“Whenever there is a photo-op with the premier they forget everything. A picture is important. If I have a picture with Jason Kenney I will hang it in my family room.”

Such is the sentiment.

“There is a lineup for the pictures.”

Nagar says the members Kenney is signing up may not be the deciding factor in his survival but it is big support for him to win.

The premier’s people know they’re in a fight.

They know his approval is nothing to write home about and they don’t talk about it.

They know polls show most Albertans aren’t happy with him.

They emphasize how the UCP could squeak out a win against the NDP, not pointing to the fact some of that UCP vote may come from those who expect Kenney could be gone after his party’s leadership vote

But when the premier is in Calgary’s northeast he is one happy camper

“You can see his tone and language when he departs. He’s super-happy. He’s very confident. His gait is changed. His way of talking changes after seeing all these people.”

Source: Bell: Kenney’s plan to woo ethnic voters to help him save his job

Hundreds march downtown calling for end to racial discrimination in Canada’s immigration system

More from the Migrant Rights Network:

Hundreds of people marched through downtown Toronto Sunday calling for an end to racial discrimination in Canada’s immigration system.

The demonstration organized by The Migrant Rights Network gathered near Toronto’s City Hall before taking their message to the streets, briefly blocking some downtown intersections.

The group called on the federal government to grant citizenship to an estimated 1.6 million migrant and undocumented workers in Canada.

Syed Hussan, executive director of the of Migrant Workers Alliance for Change, said migrant and undocumented workers are afraid to assert their rights and speak out about the exploitation they may face on the job.

“You can be made homeless because you live in employer-provided housing, you can be kicked out of the country, you’re not allowed to get another job,” Hussan said.

“To have a fair society, everyone must have equal rights. The only way to have equal rights, is if every resident in the country has the same citizenship rights and immigration status.”

Tina Kusbiantoro came to Canada from Indonesia more than three years ago and says not being able to secure permanent residency has been challenging.

“We have no equal rights and then we’re separated from our families a long time … we cannot access the health care and we don’t vote,” Kusbiantoro said.

A woman who identified herself only as Jane tells CTV News Toronto she feels ignored and disappointed in the immigration system.

Jane has been working as a personal support worker since arriving from Uganda.

“We have been working hard through the pandemic to ensure that we give services to vulnerable people who cannot help themselves,” Jane said.

“Being denied…it’s a kind of racism. I feel so bad, I feel so betrayed.”

Migrant rights activists were joined by a group from Community Solidarity Toronto, who rallied Sunday to take a stand against racism and what they see as the growth of Canada’s far right.

Source: Hundreds march downtown calling for end to racial discrimination in Canada’s immigration system

ICYMI: Craintes de voir l’anglais «éradiqué» du Québec

Of note:

Le ministre responsable de la Langue française, Simon Jolin-Barrette, a trouvé la « formule parfaite » pour « éradiquer » la minorité anglophone du Québec, avertit la présidente du Quebec Community Groups Network (QCGN), Marlene Jennings. Elle ne sait plus en quelle langue le dire pour être prise au sérieux.

« Réveillez-vous ! » lance l’ex-députée fédérale de 1997 à 2011, cherchant à secouer l’apathie des Québécois face aux offensives linguistiques menées à Québec — et à Ottawa — sur la foi, selon elle, de la « fabulation » selon laquelle la langue française est « en danger » dans les milieux de travail.

Le gouvernement est pourtant catégorique : la proportion de travailleurs qui accordent une place prédominante au français au travail s’est effritée au Québec au fil des 15 dernières années, passant de 82 % en 2006 à 79,7 % en 2016.

L’abandon du projet d’agrandissement du cégep Dawson ainsi que le gel des programmes conduisant au diplôme d’études collégiales (DEC) ou encore à l’attestation d’études collégiales (AEC) en anglais prévu dans la version amendée du projet de loi 96 entraîneront des conséquences « pernicieuses » pour les communautés anglophones du Québec, précise Marlene Jennings dans un entretien avec Le Devoir. Il y aura de moins en moins de professionnels « bilingues » dans le réseau de la santé, illustre-t-elle au bout d’une table de conférence dans les quartiers de QCGN dans le centre-ville de Montréal.

« On n’est pas stupides [les caquistes] sont en train d’étrangler le système », ajoute la directrice générale de QCGN, Sylvia Martin-Laforge.

Simon Jolin-Barrette promettait d’assurer le « respect le plus complet des institutions de la communauté anglo-québécoise » lors du dévoilement du projet de loi sur la langue officielle et commune du Québec, le français (projet de loi 96) en mai 2021.

Le groupe de pression soupçonne le gouvernement caquiste de réduire la « communauté anglo-québécoise » — qui est en droit de recevoir des services en anglais, selon lui — à la « communauté historique d’expression anglaise », ce qui exclut près de 500 000 Québécois anglophones, dont les immigrants provenant d’un État anglophone comme la Grande-Bretagne ou la Jamaïque, par exemple.

D’ailleurs, Marlene Jennings se dit lasse d’entendre que la minorité anglophone du Québec est « la mieux traitée », alors que les Québécois d’expression anglaise sont « sous-employés » et « sous-payés ». « La seule minorité linguistique qui se rapproche, qui a les mêmes statistiques dévastatrices, ce sont les Acadiens et les francophones du Nouveau-Brunswick, les seuls. Mais, on ne parle jamais de ça », dit la première personne noire à avoir représenté une circonscription québécoise à la Chambre des communes.

Les projets de loi signés par Simon Jolin-Barrette (96) et par Ginette Petitpas Taylor (C-13) exacerberont à coup sûr non seulement les inégalités économiques entre anglos et franco, mais aussi les tensions sociales, est persuadée Marlene Jennings.

Coût pour le Québec

« Ce n’est pas que l’affaire des anglos, des minorités, c’est l’affaire des francophones », soutient Sylvia Martin-Laforge, selon qui le renforcement de la loi 101 par « 96 » et « C-13 » ne se fera pas sans coût économique et moral pour le Québec.

Les patronnes du QCGN n’arrivent pas à croire que le gouvernement Trudeau puisse donner la possibilité aux entreprises privées de compétence fédérale présentes au Québec de mener « leurs communications avec les consommateurs » dans le respect de la Charte de la langue française du Québec — que Simon Jolin-Barrette s’emploie à blinder notamment au moyen des dispositions de dérogation aux chartes des droits et libertés.

« Quand je vois nos chartes [des droits et libertés] suspendues, et on n’est pas en situation de guerre, on n’est pas en Ukraine […], je suis découragée », indique Marlene Jennings au Devoir, ce qui n’est pas sans rappeler son gazouillis du 24 février, aujourd’hui disparu. La Montréalaise exprimait son étonnement de voir François Legault appuyer la démocratie ukrainienne face à l’assaut de la Russie alors qu’il a la « volonté de suspendre tous les droits et libertés de tous les Québécois avec son projet de loi 96 ».

« J’ai une grande gueule et j’en suis fière. I’m a Jennings et une Garand ! » s’exclame la « femme noire d’origine ethnique diverse » dans des locaux presque vides. Marlene Jennings est le fruit de l’union d’un homme noir émigré de l’Alabama et d’une femme blanche francophone, dont les ancêtres, français et belges, avaient défriché le Manitoba, dont un aux côtés du grand défenseur des Autochtones et de la langue française Louis Riel. « J’ai toujours été en faveur de Louis Riel », précise-t-elle.

Marlene Jennings, qui s’enorgueillit aussi d’avoir voté, en 1976, pour le chef du Parti québécois René Lévesque dans la circonscription de Taillon, et ce, même si sa mère « voulait [la] tuer », mène aujourd’hui la résistance au nom de la minorité linguistique anglophone du Québec. Et elle fait flèche de tout bois.

Le premier ministre du Canada, Justin Trudeau, n’est pas épargné. L’ex-élue du Parti libéral du Canada l’accuse de « rompre avec les valeurs fondamentales de notre société canadienne », dont celle de la dualité linguistique, en conférant aux travailleurs des entreprises privées de compétence fédérale du Québec notamment « le droit d’effectuer leur travail et d’être supervisés en français » et « le droit de recevoir toute communication et toute documentation […] en français ». « On a des employés anglophones qui travaillent [dans une banque] en français, mais pour une raison ou une autre, ils voudraient avoir leurs communications en anglais. Ils n’auront pas ce droit-là avec C-13 dans son format actuel. Alors quel genre d’atmosphère, de climat de travail ça va créer ? » demande Marlene Jennings, qui se défend d’être une « angryphone », comme la dépeignent ses détracteurs.

Mauvais « timing »

Marlene Jennings attribue la faible mobilisation contre les projets de loi 96 et C-13, à commencer au sein des communautés anglophones du Québec, aux occasions de socialisation — les discussions sur l’actualité autour de la machine à café du bureau, par exemple — qui se sont faites rares durant la pandémie de COVID-19, mais aussi, plus largement, à la montée de l’individualisme et de la désinformation dans la société canadienne.

Cela dit, la présidente de QCGN a pris bonne note de la décision du Parti libéral du Québec de s’opposer à l’adoption du projet de loi 96, qui a été officialisée par sa cheffe, Dominique Anglade, lors d’une visite du cégep Dawson il y a près d’un mois. « Je suis contente qu’elle se soit finalement ralliée, avec ses députés. Elle ne peut plus reculer là-dessus maintenant », fait remarquer Marlene Jennings. Le PLQ n’a pas mis son cahier de « 27 propositions pour l’avenir de la langue française » au rebut pour autant, lui signale Le Devoir. « Ça, c’est toute une autre question. »

Source: https://www.ledevoir.com/politique/quebec/688341/projet-de-loi-96-craintes-de-voir-l-anglais-eradique-du-quebec?utm_source=infolettre-2022-03-19&utm_medium=email&utm_campaign=infolettre-quotidienne

Paradkar: Scholar Strike 2022: Why professors and students will hit the streets in a show of resistance

The “woke” crowd in action:

The intersection of Bond and Gould streets in Toronto, which housed the statue of Egerton Ryerson for 132 years only to see it toppled last year, will be the starting point of a walking tour on Wednesday. 

Call it our very own tour de résistance, marking the last of the three-day Scholar Strike that begins March 21, the International Day for the Elimination of all forms of Racial Discrimination and Racism. It’s a labour action where scholars, activists and students from across the country will first participate in two days of virtual “teach-ins” that are free and open to the public, and then walk through the downtown core at various historical sites of resistance to oppression.

They will be protesting state violence against Black, Indigenous and racialized people and demanding, among other things, the defunding and abolition of police and prisons, and defunding of institutions such as Children’s Aid Societies, instead transferring funds to communities that offer care and affordable housing, and that work to eradicate poverty.

A running theme through the three-day strike is breaking down silos and drawing connections — between scholars and street-level organizers, between historical and current resistance movements, between anti-colonial and anti-racist struggles, between those who experience oppression and those who don’t. 

“We want to be able to say that this resistance movement is not against you. It’s about finding ways to be together,” said Mikinaak Migwans, assistant professor of Indigenous contemporary art in Canada and curator at the Art Museum, University of Toronto. The walking tour is Migwans’s brainchild. Migwans is Anishinaabekwe of the Wikwemikong unceded territory.

In the wake of the Black uprisings of 2020, the names Regis Korchinski-Paquet, Eishia Hudson, Chantel Moore, D’Andre Campbell, Ejaz Choudry were among those that began circulating around Canada to humanize and remember victims of police brutality. Two years later, not only are they all but forgotten by many — we all move on from crisis to next shiny crisis — but new names, new bodies have piled on the deck.

Anthony Aust, Moses Erhirhie, Trent Firth, Lionel Ernest Grey, Braden Herman, Julian Jones are some. As are Jared Lowndes, Sheffield Matthews, Dillon McDonald, Coco Ritchie and Latjor Tuel. 

They are among those Black, Indigenous or racialized people killed by police, or who died in police custody since the 2020 reckoning, that organizers from University of Toronto see as the genesis of this second Scholar Strike.

Tuel was experiencing mental distress when he was killed by Edmonton police in February even while various police handled Ottawa’s often violent convoy protesters with kid gloves. The Alberta Serious Incident Response Team is investigating Tuel’s killing. Edmonton police say they followed all protocols. They always say that. 

Given the worsening global context of a continuing pandemic, growing authoritarianism, war and climate change, the Scholar Strike launches with a discussion on the rise of ultra-right fascism, racism and white ethno-nationalism, said Beverly Bain, a professor of women and gender studies in the Department of Historical Studies at the University of Toronto Mississauga, who is one of the main organizers.

About 40 speakers will address topics such as harm reduction, migrants and borders and invasion of Indigenous territories. These sessions offer a way to connect the ivory tower to the streets.

“We can no longer afford to have this bifurcation of the university as a site of knowledge only and the community and activism as something different,” Bain said. “Many of us in the universities are scholar activists and organizers.”

Since the first Scholar Strike that Bain co-organized in 2020 that called for defunding of police, police budgets have grown. The Toronto police operating budget sits at a whopping $1.1 billion in 2022 after the city approved a $25-million increase. 

Police shootings and killings across the country have continued unabated. More than half the 64 police shootings in 2021 involved Indigenous people. 

Justice-seeking protests can be shrugged off as a series of disjointed events that allow people to let off steam or express anger over a particular incident or project, when in fact they are continuous and connected to each other by history and geography.

The United Nations designated March 21 as a day against racial discrimination because it commemorates the Sharpeville Massacre of 1960, when South African police killed 69 people and wounded 180 during a peaceful protest against apartheid. 

The walking tour on March 23 also offers connects current movements to historical resistance. 

“There has always been resistance in our communities from the time of arrival onwards,” said organizer Kristen Bos, assistant professor of Historical Studies and the Women and Gender Studies Institute at the University of Toronto, who is Métis. “That’s why the police exist, right? Like, that’s why they were literally created just in this country to stamp out Indigenous resistance.”

The tour sites include Trinity Bellwoods and Alexandra Park, where police violently destroyed encampments of unhoused people last year. Also, Christie Pits, which in 1933 saw violence break out between a baseball team that was mainly Jewish against members of what was called the Swastika Club, who told the Toronto Daily Star then they wanted “to get the Jews out of the park.”

Speakers on each site will address the injustices and connect them to larger movements. 

For instance, speakers will protest at Queen’s Park, the site of the Northwest Rebellion Monument to the officers who died suppressing an uprising led by Métis leader Louis Riel in 1885. Riel was tried and executed after being captured.

In 1920, when the RCMP was created out of the North-West Mounted Police, the old division headquarters were in the Post Office Building at 6 Charles St. E. in Toronto. Here, speakers will mark the century since the RCMP blocked Six Nations resistance against the dissolving of traditional governance and connect it to current 1492 Landback Lane, where Ontario is encroaching on and supporting a proposed real estate development on traditional land of Six Nations of the Grand River, near what we now call Caledonia.

At Yonge and College Streets, the site of the 1992 Yonge St. uprising after the police killing of Raymond Lawrence, speakers including activist-journalist Desmond Cole will talk about the history of the Black Action Defense Committee.

A big part of this tour, Bos said, is “about remembering our collective history and about reclaiming public space. So that we should be free to feel safe in parks as Black and Indigenous peoples and on campuses and on streets.”

It ends at the University of Toronto, where Bain will challenge the university’s reliance on institutions such as police in its approach to mental health issues and disproportionate policing of students of colour, and demand a police-free campus. 

“Our overall goals for this are to build collective memory and to build collective capacity to be safely and supportively together on this land,” Migwans said.

Source: Scholar Strike 2022: Why professors and students will hit the streets in a show of resistance

Latif: Looking for a promotion? You may not get one if you are BIPOC in Canada

Of note, focussing on the public service, rather than broader society.

The public service figure of only 1.6 percent of executives being Black ignores the fact that Chinese EX are also only 1.6 percent and most other visible minority groups have lower representation.

While the “government is simply not doing enough or moving fast enough,”  one also needs to acknowledge the extent to which the public service at all levels has become more diverse following the Employment Equity Act and how reporting has improved through disaggregated data for visible minority and other groups:

Imagine being stuck in the same position for 30 years with no upward movement, despite having consistently good performance reviews and upscaling your learning with advanced degrees. Wouldn’t that inequity have a negative effect on your mental health and well-being?

Well, this is a reality for many Canadians of colour. 

2021 Edelman survey on business and racial justice in Canada found that a majority of those surveyed (about 56 per cent) have either witnessed or experienced racism in their organization. 

What makes this so concerning is that we have both federal and provinciallegislation that prohibits this type of discrimination. For example, the Ontario Human Rights Commission clearly states that every person has “a right to equal treatment in employment without discrimination because of race.” 

Racial discrimination can happen at either the individual or systemic level. At the individual level, biases lead to decisions about who is invited and valued; at the systemic/structural level, existing policies and practices in an organization can continue to perpetuate racial inequities.

This has many serious implications. Even after 400 years, Black Canadians are still not granted equal participation in society, and this extends to the workforce. For example, there is a disproportionate underrepresentation in management positions for Black federal public service employees, with only 1.6 per cent of Black workers in executive roles. It’s a staggering figure. A class-action lawsuit was filed in 2020 on behalf of Black federal employees, seeking long-term solutions to address systemic racism and discrimination in the Public Service of Canada. 

Remember the scenario I mentioned in the beginning? Kofi Achampong, a strategic and government relations adviser to the Black Class Action Group, echoed this unfortunate situation in an interview with me. He said scenarios like these “have many implications — loss of income, pension calculations and certainly the mental health toll.”

Prime Minister Justin Trudeau has publicly acknowledged existing inequities, committing to “a better future for Black Canadians, a future where they experience full and equal participation in society across political, social and economic life.” But Achampong finds that government is simply not doing enough or moving fast enough. 

“The government has a positive obligation as an employer to address these kinds of issues in the workplace,” said Achampong. “If you know for a fact — and they’ve known for decades — that we aren’t recruiting diverse people, especially at senior levels, then we have to examine who is getting interviews, who is ultimately getting hired or appointed, and ask: Have we taken appropriate corrective action? To be fair, it’s not just the federal government. Successive governments across the country and jurisdictions have long known about these issues, and have done little to nothing. It’s really a form of negligence that’s completely inconsistent with the Canada we’re trying to create and the wealth of diverse talent that exists in this country.” 

The lack of upward employment mobility in racial groups is troublesome. This risks the continuation of generational poverty within our communities: We keep people — especially Black people — down, and prevent them from seeking better opportunities to elevate their social and economic positions in society.

Tomorrow marks the International Day for the Elimination of Racial Discrimination. Government statements of solidarity are not enough; Canada is still failing to achieve equality and equity in the workplace. Marking the day with statements acknowledging the discrimination Indigenous Peoples, racialized communities and religious minorities face in Canada every day is important. However, if governments and organizations do not provide tangible change, these are simply words dying a slow death on paper.

Source: Looking for a promotion? You may not get one if you are BIPOC in Canada

Why aren’t more hate crime charges being laid in Canada? A Globe and Mail analysis examines police performance across the country

Good in-depth useful analysis. Money quotes:

A Globe and Mail analysis examined the performance of the country’s 13 largest municipal and regional forces, six of which had multiple officers dedicated full-time to solving hate crimes. The average rates at which individual forces solved a hate crime by charging someone – or “cleared” it, in police-speak – varied widely, ranging from six per cent to 28 per cent. But, in general, those forces that devoted more resources, such as full-time investigators and community liaison officers – like Montreal, which had an overall rate of 27 per cent through The Globe’s data period – tended to lay charges more often.

Those that did not fared the worst. Winnipeg, which has long had only a part-time co-ordinator reviewing their colleague’s hate crimes cases, ranked lowest in the Globe analysis at six per cent.

 2018 European Union study of the “life cycle” of hate-crimes cases in Sweden, England and Wales, Ireland, Latvia and the Czech Republic may hold clues for Canada as to how a suspect’s bias is often “filtered out” during the criminal justice process. The study found that this happened at the beginning, when police initially recorded the incident, but failed to tag the hate motivation behind it.

Researchers in England and Wales noted from interviews with prosecutors that many officers were well-versed in the nuances of racial or religious discrimination, but they often missed a suspect’s bias against other protected groups, such as those with disabilities. Prosecutors too often relied on the words uttered by a suspect as they committed a hate crime, and may not be as adept at proving this bias when prosecuting incidents where nothing was said at all.

“They talk about hate disappearing as you move through – and that’s clearly what is happening here [in Canada],” said Dr. Perry.

Source: Why aren’t more hate crime charges being laid in Canada? A Globe and Mail analysis examines police performance across the country

Newroz: not the “Persian” holiday politicians make it out to be

Of note.

Seems like the language around Nowruz is becoming more inclusive listening to the radio today.

Likely one of the reasons it is commonly referred as the Persian New Year is the relatively large size of the Iranian-Canadian community (over 200,000, about three quarters first generation):

Canadians who’ve arrived from many countries and those who trace their heritage to regions across Europe and Asia are getting ready to celebrate the ancient New Year’s holiday of Newroz, marking the spring equinox on March 21. Yet, Canadian media and politicians continue to call this a “Persian” holiday, bringing to Canada the ethnic politics that various minorities thought they had left behind.

Calling Newroz a Persian holiday is offensive to more than 300 million people and the many Canadian communities who have been celebrating it for over 3,000 yearsin the Balkans, the Black Sea Basin, the Caucasus, Central Asia, and the Middle East.

Prime Minister Justin Trudeau, despite efforts over the years — including personal appeals from myself — to raise awareness, continues to propagate this pro-Iranian language.

Last year, Trudeau did at least adopt the name of many communities that celebrate Newroz in his speech, but he still went on to say that these communities “will celebrate Newroz and the start of the Persian New Year.”

This message from our politicians will alienate the many non-Persians who celebrate Newroz as their new year. This occasion should be called “International Newroz Day,” as the United Nations has named it, without referencing any one specific community’s calendar since it’s celebrated widely.

Community Position

In a petition started on Jan. 30 and signed by over 700 people as of time of writing, the Canadian Group for Preserving Newroz as an International Day have asked Prime Minister Trudeau to stop identifying it as the “Persian New Year.”

“Even here, I am not able to talk freely and give my name if I want to avoid being killed or imprisoned like Zara Mohammadi was by the Iranian regime, and like many other Kurds, if I go back.” (Zara Mohammadi is a young Kurdish woman who was sentenced to five years of imprisonment in Iran simply for using her mother tongueand promoting her cultural heritage.)

Why is Canada taking so long to follow the United Nations’ lead in adopting more inclusive and accurate language, something that organization did 12 years ago when it named March 21 as International Nowruz Day. According to the UN, “The word Newroz (Novruz, Navruz, Nooruz, Nevruz, Nauryz) means new day; its spelling and pronunciation may vary by country.”

Several years ago, I emailed a number of politicians, including Trudeau and Alberta Premier Jason Kenney, as well as former federal immigration ministry officials, and explained that Newroz is not celebrated only by Persians, regardless of the number of regions they may have occupied in ancient days, regardless of how these occupied regions were obliged to celebrate it under ancient imperial control, and regardless of the fact that they are the ethnic group that holds authority in Iran.

Except for the Kurds, a majority of these ethnic groups and regions have been free for hundreds of years. Logically, neither those nations nor the 45 million oppressed Kurds living in Iran, Iraq, Syria, and Turkey would celebrate Newroz for the sake of Persians.

Furthermore, based on the historical facts about each aforementioned geographical region, their ethnic and religious backgrounds, and the number of people who celebrate it, Newroz is also in the calendars of many ethnic groups with an Indo-European origin. In fact, several other people claim to have contacted the Prime Minister’s Office about this issue, though those attempts were not taken seriously.

Professor Jaffer Sheyholislami of Carleton University’s School of Linguistics and Language Studies said that regardless of ancient history, nowadays, “thousands of Kurds, as well as many other non-Persian nationalities, call Canada home because they fled the assimilationist and discriminatory hegemony of Persian language, culture, religion, and politics.” That’s why Sheyholislami believes our leaders should not refer to Newroz as “Persian” as it is a multilingual observance.

Since some members of the Greater Toronto Kurdish House have also attempted to raise awareness by sending emails to politicians, I asked Chato Wany, the president of the Kurdish House, about his concerns.

He states: “They should know that our disappointment and sense of loss of culture and heritage are real. We feel challenged to explain and prove our culture in the workplace and schools, in the heart of democracy. A denial of our cultural identity, as well as a violation of our rights to identity and heritage, we believe. Also, our new generation may face an identity crisis.”

‘Influential’ groups

Multiculturalism is a defining feature of Canadian society. Our leaders make an effort to participate in events celebrated by various Canadian communities, to congratulate them, and to send them encouraging messages.

However, Canadian politicians are often unaware of disenfranchised and minority backgrounds, perhaps because they have created a political market for ethnic communities and those with the highest value seem to be those with the most members and the greatest economic influence.

Cultural heritage advisers to Canada’s politicians play a key role in explaining political sensitivities. If these advisers are hired based on their prominence within their respective communities, then their advice risks serving only the interests of that one, dominant group.

Therefore, as Sheyholislami puts it, our MP may have been “ill advised” about the Newroz celebration. This political pandering is dangerous. If left unchecked, it could lead to ethnic conflict or sectarianism in the near future.

To summarize, since Newroz is the new year for many different Canadian communities, our leaders shouldn’t link it to any one heritage in particular. Although some believe that the Prime Minister is not required to participate in community events, I value his engagement and say that every war, atrocity, and ethnic conflict began with words. Therefore, leaders and citizens must consider each word carefully. Regardless of the circumstances, we want our leaders to constantly encourage peaceful coexistence in their speeches.

Source: Newroz: not the “Persian” holiday politicians make it out to be

Will India hijab ruling be used for wider curbs on Islamic expression?

More on India’s hijab debates:

On Tuesday, a high court in the southern Indian state of Karnataka upheld a government orderthat had banned headscarves in classrooms, ruling that wearing them is not an integral part of religious practice in Islam.

The court’s decision and the hijab controversy are part of a volatile cultural debate in India over the place of Islam in a political environment that is becoming more and more dominated by Hindu nationalism.

The controversy over headscarves in Karnataka began in January after six female Muslim students at a college in the city of Udupi said they had been barred from attending classes because they were wearing hijabs.

On February 5, the Karnataka government issued an order banning clothes that “disturb equality, integrity and public order” in educational institutions. Several schools and colleges used this order to deny entry to Muslim girls wearing the hijab.

Karnataka then became the stage for a series of protests by Muslim students and counterprotests by Hindu students and activists. As demonstrations intensified and spread to other colleges and districts, schools were forced to temporarily close.

A group of female Muslim students eventually took the case to the state’s high court, seeking to overturn the government’s ruling.

‘Reasonable restriction’ on freedom of expression

After the high court rejected their appeal, the young women spearheading the hijab protests vowed to continue fighting their case in India’s Supreme Court.

Some of them have said they will not attend classes if they are not allowed to wear a hijab, even if it jeopardizes their education.

“The court has let us down and disappointed so many of us. The court is wrong in stating that the hijab isn’t essential to Islam,” a student from the city of Shimoga told DW.

In explaining its decision, the Karnataka high court said that the freedom of religion under India’s constitution is subject to certain limitations.

“We are of the considered opinion that wearing of the hijab by Muslim women does not make up an essential religious practice in Islamic faith,” the court ruled.

It added that the state has the right to require school uniforms, which amounts to a “reasonable restriction” on constitutional rights.

Legal scholars say the case has now taken on a larger dimension with the high court ruling over freedom of expression in India, where wearing religious symbols is widespread.

Although there is no central law regulating school uniforms in India, the Karnataka court ruling has raised fears over a precedent being set to prompt more states to issue similar restrictive dress codes for students.

What’s behind communal tensions in India’s Karnataka state?

Mihira Sood, a professor at Delhi’s National Law University, said the court’s decision did not provide guidelines for how the law can equally uphold principles of secularism enshrined in India’s constitution, which would apply to any religion.

“Students of other religions wear symbols that are not part of the uniform like turbans and tilaks [the mark worn by Hindus on the forehead],” Sood told DW.

She added the situation in Karnataka was linked to the Hindu-nationalist agenda of the ruling Bharatiya Janata Party (BJP), which has a governing majority in the state.

“We have already seen reports of similar restrictions in Uttar Pradesh and elsewhere, and this will likely have an effect in several states. This is just the beginning,” Sood added.

BJP spokesperson Shazia Ilmi said the hijab was not part of religion, and that the party was doing a lot for empowerment of the Muslim women.

“The court verdict is in sync with the constitution. The Quran does not mandate wearing of hijab or headgear for Muslim women,” Ilmi told DW.

Is Indian law singling out Muslims?

Some activists say tensions over headscarves are part of a wider trend in India cracking down on its minority Muslim population since the Hindu-nationalist BJP came to power nearly eight years ago.

“This is a clear case of interference with the girls’ religious and fundamental rights. Issues like the hijab ban are very easy to polarize the entire community,” lawyer Mohammed Tahir, who is representing one group of petitioners in court, told DW.

Author and activist Farah Naqvi told DW that the hijab ruling is part of a wider agenda to drive away our Muslim culture.

“This is not a gender debate or about headscarves and veils … so many fundamental rights are at stake. All this could have been easily resolved if the schools had made a simple adjustment,” she said.

Muslim women say India’s secular constitution protects their right to wear a hijab

Mehbooba Mufti, the former chief minister of Jammu & Kashmir, said the court decision upholding the hijab ban is deeply disappointing.

“On one hand we talk about empowering women, yet we are denying them the right to a simple choice. It isn’t just about religion but the freedom to choose,” she said on Twitter.

In 1986, India’s Supreme Court upheld the right of three school children to remain silent while the Indian national anthem was sung. The children belonged to the Jehovah’s Witness, a Christian sect, and said singing the anthem was against their faith.

Their school expelled them, and the family filed an appeal, saying the expulsion was in violation of freedom of expression and freedom of religion.

India’s Supreme Court famously ruled that the school must readmit the children, arguing that their choice not to sing did not affect anyone else.

The girls affected by the hijab ruling now have said they will take their case to the Supreme Court and asked for an early hearing so a decision can be made in time for their exams.

Source: Will India hijab ruling be used for wider curbs on Islamic expression?