Contracts trump culture — Iranian woman doesn’t have to return dowry after leaving marriage: Ontario court

Rule of law prevails, appropriately without accommodation:

Reliance on cultural norms is no substitute for explicit contract language when giving a gift or transferring property, Ontario’s top court ruled Wednesday.

The decision comes in the case of a young Iranian couple in Ottawa whose marriage fell apart after the bride received a dowry — also known as a mahr — from the groom’s family.

“A wide variety of cultures and their norms and traditions form an integral part of the Canadian mosaic,” the Appeal Court ruled.

“They cannot simply be imported into a transaction involving the transfer of real property by reference to a concept such as ‘dowry,’ which forms a part of a particular culture or tradition.”

A wide variety of cultures and their norms and traditions form an integral part of the Canadian mosaic

Ahmad (Reza) Abdollahpour and Shakiba Sadat Banifatemi married in Ottawa in March 2012. According to Iranian custom, his family gave the bride a dowry that included a 50 per cent stake in a house they owned. They transferred the ownership by way of a deed of gift.

After they separated in December 2013, Abdollahpour and his family wanted the property back. Banifatemi refused and the Abdollahpours sued.

The groom’s family argued the transfer was part of the dowry and that Iranian culture and tradition dictated that Banifatemi would have to return the gift if she left the marriage.

A year ago, Ontario Superior Court Justice Robert Smith sided with the former bride, prompting the former groom and family to appeal. They argued Smith was wrong to find the gift was given unconditionally.

In upholding the ruling, the Appeal Court noted the two families had negotiated the property transfer before the marriage — after receiving independent legal advice — — and that the lawyer for the groom’s family described the transfer as a “wedding gift to both kids.” In addition, the deed of gift, which was formally registered, stated that the groom’s family was transferring “irrevocably” the property to the bride.

As such, the Ontario Court of Appeal concluded, everything pointed to an intention by both sides that the transfer was both irrevocable and unconditional, and that there was no indication of any expectation of a return if the marriage broke down.

It simply isn’t good enough, the Appeal Court concluded, to insist after the fact that cultural expectations formed part of an agreement unless explicitly noted, or that merely listing a gift as part of a dowry is sufficient to create an implied set of conditions related to traditional norms.

Source: Contracts trump culture — Iranian woman doesn’t have to return dowry after leaving marriage: Ontario court

Canadian Encyclopedia: 30 immigrant groups to Canada

Good list and background information (click on the story to see timeline and links):

To celebrate its 30th anniversary, The Canadian Encyclopedia created 30 lists of 30 things that make us proud to be Canadian, from famous people and historic events, to iconic foods and influential artists. Read more of their lists here.

The various waves of migration to Canada over the course of its history have made the country what it is — a mosaic of peoples of diverse backgrounds. In 2011, Canada’s foreign-born population was approximately 6.8 million people, or 20.6 per cent of the total population — the highest proportion among G8countries.

Canada’s checkered history of immigration has included instances of outright discrimination (see Komagata Maru; Chinese Head Tax; MS St. Louis) as well as genuine humanitarian heroics; Canada is the only nation to receive the United Nations Refugee Agency’s Nansen Award, in recognition of its efforts to resettle 60,000 Vietnamese refugees.

Source: Canadian Encyclopedia: 30 migrant groups to Canada – Macleans.ca

Review: Robin Higham’s What Would You Say? … as guest speaker at the next Canadian citizenship ceremony

what would you saysRobin Higham, my helpful ‘trusted reader’ for my book, Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, has written What Would You Say? … as guest speaker at the next Canadian citizenship ceremony, an anecdote-based approach to understanding the rights and responsibilities of citizenship.

His latest book develops further his thoughts on integration, first expressed in his earlier work, Who Do We Think We Are, which focussed on reasonable accommodation,.

As before, Higham uses archetype-characters both Canadian-born and immigrants to express a range of perspectives, ranging from ‘old-stock’ (indigenous, two francophones, anglophone) to ‘new-stock’ (East European, Latin American, Indo-, and Muslim) Canadians. Higham uses these characters to fashion a conversation regarding the responsibilities of integration and citizenship.

This is an effective technique to outline some of the issues involved and capture different perspectives.

However, like any anecdote-based approach, it has a number of weaknesses, starting from how one frames such discussion, and what assumptions and premises underlie his argumentation.

Higham’s underlying bias and ideology are clear. His choice of Gilles Paquet’s apocalyptic frame — political correctness, reluctance to confront, culture of entitlement, and unreasonable accommodation — and how these are interpreted, reflect a distinctly conservative perspective, focussed on social cohesion more than inclusion.

But this frame is more asserted than demonstrated through evidence, along with his underlying premise that integration is the responsibility of the newcomer. His characters all largely assert this, with the anecdotes selected to buttress his arguments, with limited examples of the more nuanced approach to integration.

In reality, there is a more complex dynamic of integration and accommodation, whereby wider society also plays a significant role in how it adjusts to the needs and requirements of newcomers, within the general framework of Canadian law.

A large part of the relative success of Canadian immigration, citizenship, and multiculturalism policies reflects this integration and accommodation dynamic. Canadian society adapts over time as its diversity changes. Integration is not one-way but multi-dimensional, as successive debates over what kinds of accommodation are reasonable and what are not illustrate.

There is an abundance of evidence, ranging from Statistics Canada, OECD and other international organizations, along with and public opinion research and election results, that indicates, overall, that Canada is remarkably successful compared to other countries in building an integrated society that recognizes the diversity of different groups, and one that most Canadians are comfortable with. A large part of this success reflects precisely our ability to be flexible and accommodate difference, allowing integration to take place over time, but within the overall Canadian constitutional and legal framework.

Anecdotal evidence suggests that ‘political correctness’ and a ‘reluctance to confront’ can be seen as civility and that the alternative, as seen in the recent Canadian election (e.g., the wedge politics of the niqab), the USA (e.g., the Republican primary) and Europe is neither helpful to integration and belonging. And while a preference for a more Cartesian approach to accommodation issues may be seductive given greater clarity, society evolves with time, and the more ad hoc approach of (English) Canada has arguably proven more effective.

This is not to say that Canada is without challenges, whether it be with respect to the persistence of poorer economic outcomes, finding the right balance between integration and accommodation, or the declining rate of citizenship.

But given this, where does Higham end up on citizenship rights and responsibilities for newcomers?

  1. Be mindful of what wasn’t working when you left home – emigrated – and also remember why you chose to come to Canada. Many newcomers probably arrive here with valuable citizenship lessons for us all.
  2. Exercise civility … even towards the ‘others’ in your community. You should also find that there are many fewer ‘others’ around you once you join the ‘otherness community.’
  3. Civics … we need your engagement and investment in our democratic processes and institutions. They are our default complaint-management mechanism.
  4. Strive for low maintenance citizen status, especially, but not only, with respect to government and community-funded, social-support programs.
  5. Build trust amongst citizens, all citizens. Always talk to strangers. Seek to minimize ‘transaction costs.’
  6. Be sensitive to the package of those obvious un-Canadian transgressions. Know what kinds of things it is best to avoid.
  7. At home, be alert to your responsibility to respect and protect each of your family members’ rights. You will have to both monitor and coach the youngsters in your entourage.
  8. Accept that there are limits to the capacity of your community to accommodate new expressions of values, beliefs and traditions. Expect to have to make adjustments of your own in order for you and your family to develop and to prosper.

To Higham’s credit, these are expressed with respect, modelling how one can overcome the ‘reluctance to confront’ in a manner that encourages dialogue rather than shutting it down.

But it does beg the question: how would one construct such a list that applies to all, both old and new Canadians? My take, drawing on Higham’s list, suggests that this is not difficult:

  1. Be mindful of what wasn’t working when you or your ancestors left the country of origin and chose to come to Canada.
  2. Exercise civility towards all, whether new or old Canadians, whether from one’s ethnic or religious group or not, whether male or female, whether gay, straight or transgendered, etc.
  3. Engage and participate actively in wider Canadian political life and debates, not just ones of immediate interest to you.
  4. Our social safety net is to be used when needed, not abused.
  5. Be trustful of others and forgiving of misunderstandings.
  6. Be understanding of others and their sensitivities, whether cultural, religious or other. Accommodate where feasible and treat accommodation requests with respect.
  7. Be mindful of one’s biases and prejudices before acting or opining.
  8. Apply these in the home, workplace and wider society.

Returning to a theme that I have explored in my own writings, the relative strengths and weaknesses of evidence and anecdote, I think it important to underline that while both have their place in terms of policy development, assertions and anecdotes are invariably more susceptible to bias and ideology.

Evidence may not be bias-free — how one chooses which evidence to cite and how one constructs an evidence-based narrative — but is more constrained than relying on pure anecdote. With Ottawa returning (thankfully) to more evidence-based policy making, public servants nevertheless must be mindful of the risks of such bias in their choice of evidence, particularly since it may be less challenged by the political level.

I encourage those interested in citizenship and multiculturalism issues to read Higham’s book for his modelling of respectful dialogue. But I would also encourage all to consider how to frame such discussions in a manner that includes old and new Canadians alike, and offer my list above to continue the conversation.

—

A slightly condensed version of this article appeared here: Integration Not Sole Responsibility of Newcomers – New Canadian Media

An Alberta MLA on battling gender identity

A reminder of the value of having diversity among Parliamentarians:

The Alberta legislature has lately become a place for remarkable confessionals, courtesy of the governing New Democrats. Last month, it was a member from Lethbridge who told of the brutal abuse her ex-husband inflicted on her, to bring clarity to a debate on reforms making it easier for Albertans to escape domestic violence.

On Tuesday, an Edmonton-area New Democrat personalized transgender issues, as the legislature debated—and would unanimously support—explicitly adding gender identity and expression to the Alberta Human Rights Act. Estefania Cortes-Vargas, a former office aide to Premier Rachel Notley, had previously been public about being one of the first openly gay MLAs in Alberta history. Tuesday, Cortes-Vargas opened up about gender identity, and started with frustration that assembly Hansard traditionally records members with gender-specific honorifics like Mr. or Ms.

From the Hansard, here is the member recorded simply as Cortes-Vargas:

As I wrote my notes, Speaker, I started off by asking myself why I need to include in that your gender in order to identify you. I asked myself this question before I even came into this Legislature and was asked to identify my gender so Hansard could put that into the transcription.

I have always battled with gender identity, gender expression, and I continue to do so. A lot of the time I don’t have the answers to who I am, why I act this way, why I dress this way, but I do know this: I do know that I’m a person, that I deserve rights, and that anything less than that is unacceptable. Gender, Speaker, plays a role in everyone’s life, but for the trans community and for the gender-variant community it’s magnified to a level that creates high suicide rates, high unemployment rates, high levels of work in the sex trade because people are shunned.

People feel like they cannot be themselves without continuously having to explain to people that, hey, maybe I’m a boy and maybe I’m a girl. It shouldn’t matter. If the way I look confuses people, I love it. I will always continue to challenge that the way I look needs to define anything about me, because at the end of the day, when I look in the mirror, I say: “For the first time in my life, when I cut my hair, when I chose different wardrobes, when I challenged my cultural identity as a Hispanic woman, hey, maybe I don’t need to wear heels, and maybe I don’t need to have long hair just because that’s what is expected and that’s what’s considered beautiful. I think I’m a beautiful person.”

Source: An Alberta MLA on battling gender identity – Macleans.ca

Minorities Get Less Pain Treatment in E.R. – The New York Times

Highlights a problem, with a large gap in treatment:

White patients receive more pain treatment in emergency rooms than African-Americans and other minorities, a new study reports.

Researchers studied four years of data collected nationwide by the Centers for Disease Control and Prevention. They used a sample of 6,710 visits to 350 emergency rooms by patients 18 and older with acute abdominal pain.

White and black patients reported severe pain with the same frequency — about 59 percent. But after controlling for age, insurance status, income, degree of pain and other variables, the researchers found that compared with non-Hispanic white people, non-Hispanic blacks and other minorities were 22 percent to 30 percent less likely to receive pain medication. Patients were also less likely to receive pain medicine if they were over 75 or male, lacked private insurance or were treated at a hospital with numerous minority patients. The study is in the journal Medical Care.

The senior author, Dr. Adil H. Haider, the director of the Center for Surgery and Public Health at Brigham and Women’s Hospital in Boston, said: “It may be that different people communicate differently with their providers. If we as providers could improve our ability to better communicate with patients so that we could provide more patient-centered care, we’ll be making several steps toward reducing and hopefully eliminating these disparities.”

Source: Minorities Get Less Pain Treatment in E.R. – The New York Times

Lulu Book Sale – 35 percent off, today only

Lulu 3 DecFor those interested in the print version of Multiculturalism in Canada: Evidence and Anecdote or Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, one of Lulu.com’s regular sales.

The direct link to my book page is: My Author Spotlight.

The integration of refugees affirms Canada as a caring society: Governor General Johnston

Governor General David Johnston, with the new government’s diversity and inclusion messaging:

Perhaps the bigger challenge we face is the long-term project of positioning our new Syrian-Canadian friends for success in their new country. And just as effective integration poses a significant challenge, so does it present a significant opportunity for Canada. Remember, great nations are built on great challenges.

The great opportunity we have in taking on the challenge of integrating new Canadians is simply this: It’s a chance to revisit and renew our commitment to being a smart, caring and inclusive society, not just for Syrian refugees, but for all Canadians, including the most vulnerable and marginalized among us.

The challenge of integrating refugees is the latest chapter in the continuing experiment we call Canada. At its heart, it’s an experiment in building an inclusive society of opportunity for diverse peoples. Consider our country’s roots. John Ralston Saul calls Canada a “Métis civilization.” Our national character is inclusive and mixed – and strong as a result. In their book Why Nations Fail, Daron Acemoglu and James Robinson argue that politically and economically inclusive societies thrive, while exclusive and extractive societies fail.

But perhaps the most compelling argument I’ve heard of late for rededicating ourselves to building a society of inclusive opportunity comes from a parent in Syria, whose son recently received a refugee scholarship to study at the University of Alberta. In thanks, the parent wrote: “You have pulled my son out of the hell, where he has been taking daily a high dose of risk, tension, worries and sorrow. The wheels of the war have crushed everything; the human and the stones, but not the heart and soul and never the will and hope.”

So to answer the question “How does Canada build a diverse and inclusive society?” I remember “why” we do it: Because it’s both the right and the smart thing to do. Now together, let’s reimagine how.

 

Source: The integration of refugees affirms Canada as a caring society – The Globe and Mail

We need to talk about how Islamic State interprets Islam

Good discussion by Balsam Mustafa:

There is no immediate magical solution to this problem. A comprehensive, constructive, and critical reading of Islamic fiqh (the human understanding of Sharia law) and history in all its stages requires a huge collective effort. That effort needs to include governments, religious authorities and other institutions, such as academia and the media.

Such effort needs to start with challenging religious messages that incite hatred or violence. That should include TV channels that support sectarian and ethnic division. These are not only broadcast from Arabic countries but also from Western countries, including the US and Britain.

Given the political conflict that feeds religious and sectarian conflict – often supporting and funding extremist voices delivering the message of hatred among and beyond Muslims – this might be difficult to achieve in the foreseeable future. Still, there are steps that need to be taken to pave the way for this ultimate goal.

People are already creatively trying to shift the extremist language and narratives through comedy and factual programmes. These efforts often emphasise the human over religion or ethnicity.

And messages of this kind can be found in religious texts too – even if they are largely overlooked by extremists. Take the Quranic verse: “there is no obligation in religion”; the Hadith by prophet Muhammed: “religion is how you treat others”; and the saying by Ali Ibn Abi Talib, cousin of prophet Muhammed, “people are two types: your brothers in religion, or your human counterparts, otherwise”.

We need to listen to these messages and use them to confront violence. It will be a long journey, but it is worth all our efforts. If we defeat IS but do not have an honest, critical re-reading of Islam, another group will only come along to replace it.

As the debate among Islamic scholars has shown, it has been difficult to establish the consensus that, even if sabi and jizya were once considered valid, they are no longer legitimate. But that very difficulty reinforces the need to undertake the task.

Source: We need to talk about how Islamic State interprets Islam

Aha! Now I Get How Everybody Lives | Anna Rosling-Ronnlund | TEDxRiga

An interesting approach to indicators: comparing household objects by country and income level. More similarity than one would expect (14 minutes):

Liberals say overhaul of patronage appointments to include gender-parity goal

No surprise – was clearly implied in the common language in the mandate letters.

The first test, of course, will be the appointment this week (I expect) of parliamentary secretaries:

The federal Liberals say they plan to extend a promise of gender parity in cabinet to ensure the same outcome in the hundreds of appointments the government makes to boards, agencies and Crown corporations.

Just how the process will work is unclear: The Liberals vowed in the election to overhaul an appointment process that now is conducted behind closed doors and was sometimes mired in accusations of political patronage for government donors or failed candidates.

The party has vowed to create an outside body to recommend new senators, a model similar to one used in Britain for government-wide appointments to boards and agencies made by cabinet and ministers.

The Liberals didn’t provide details of how the appointments process, which they now oversee, will work.

“Appointments will be open, transparent and merit-based and we will ensure gender parity and that more indigenous peoples and minority groups are reflected in positions of leadership,” said Olivier Duchesneau, deputy director of communications to Prime Minister Justin Trudeau.

“This will apply government-wide to everything from the cabinet to the Supreme Court to boards of Crown corporations.”

Duchesneau said the opaque nature of the appointment process has fuelled cynicism about backroom politics.

Source: Liberals say overhaul of patronage appointments to include gender-parity goal | CTV News