California becomes the first state to break down Black employee data by lineage

Of interest. Will be interesting to see the comparative outcomes:

California is the first state to require its agencies to present a separate demographic category for descendants of enslaved people when collecting state employee data.

According to a recently signed law, the State Controller’s Office and the Department of Human Resources can start collecting this information as soon as Jan. 1, 2024.

These demographic categories will include African Americans who are descendants of people who were enslaved in the United States and Black employees who are not descendants of people who were enslaved in the United States.

The data collected will be included in a public state report on or after Jan. 1, 2025.

Employees will not be required to disclose this demographic information, but advocates who have been pushing for this expansion of data collection say it is for the Black community’s benefit, according to the Coalition for a Just and Equitable California.

In recent years, the state has been working to determine whether the state will pay reparations to Black Californians, particularly those who are descendants of slaves. And this year, the California Reparations Task Force affirmed lineage-based eligibility for state reparations — meaning only people who can prove they are descendants of slaves would be eligible.

“Not only will this historic legislation provide critical and timely information to California’s Reparations Task Force, which recently affirmed lineage based eligibility for California Reparations, this legislation begins the process of recognizing the identity and peoplehood of African Americans/American
Freedmen in California whose ancestors came to America in chains, were enslaved for hundreds of years, suffered Jim Crow, and yet managed to build the most powerful and wealthiest country in the world,” the Coalition for a Just and Equitable California said in its news release.

The statement went on to say, “In addition, this legislation is a model for states and localities across the country seeking to take serious steps toward repairing the damage done to the identities and livelihoods of African Americans/American Freedmen for over 400 years.”

Chris Lodgson, the lead organizer of the Coalition for a Just and Equitable California, told Axios that Black Californians who are descendants of U.S. slaves are subject to shocking economic disparities and oppression.

Lodgson told the news outlet that this mandate to collect detailed demographic information from state employees will open the door to revealing disparities in income, careers and leadership within California state agencies.

“You can’t fix a problem until you see it, until you acknowledge it,” Lodgson told Axios.

Source: California becomes the first state to break down Black employee data by lineage

Myles: Le bilinguisme avant la réconciliation

A Quebec perspective on the government discussion draft on possibly exempting Indigenous Canadians from the public service bilingualism requirement:

Selon des informations obtenues par La Presse canadienne, de hauts fonctionnaires fédéraux étudient la possibilité d’accorder une exemption à l’exigence de bilinguisme à leurs employés qui parlent une langue autochtone, mais qui ne maîtrisent pas l’anglais ou le français. Aucune décision n’a été prise, mais le gouvernement Trudeau ferait mieux d’y penser deux fois avant de s’engager sur cette voie.

Une note obtenue par La Presse canadienne fait état de « tensions croissantes » au sein des fonctionnaires fédéraux autochtones qui ne maîtrisent pas les deux langues officielles du Canada. Environ 400 d’entre eux ont exprimé leur souhait d’obtenir une exemption générale aux exigences de bilinguisme dans la fonction publique fédérale. La Gouverneure générale, Mary Simon, a été citée en exemple par une sous-ministre à Patrimoine canadien. Mme Simon parle l’inuktitut et l’anglais, mais pas le français, une langue qu’elle a promis d’apprendre lors de sa nomination. À son sujet, l’heure des bilans est prématurée quoiqu’il soit permis de douter qu’elle puisse faire des progrès significatifs, à l’aube de ses 75 ans.

Le ministre des Relations Couronne-Autochtones, Marc Miller, a joué de prudence en commentant le sujet délicat de l’exemption de bilinguisme des fonctionnaires autochtones. « Quand on prend ce genre de décision, c’est presque toujours au détriment du français, a-t-il dit. Ce n’est pas quelque chose qu’une majorité de gens trouveront acceptable. »

Le ministre Miller a dit tout ce qu’il fallait pour prendre une décision éclairée. En matière de dualité linguistique, les assouplissements se font inévitablement au détriment du français. On tolère bien les juges unilingues anglophones à la Cour suprême, mais accepterait-on un juge unilingue francophone ? L’histoire de ce beau pays bilingue, au sein duquel une langue est plus officielle que l’autre, regorge d’exemples où le français est déconsidéré dans la prestation de services et de travail par les institutions fédérales.

Au nom de la réconciliation avec les Autochtones, le gouvernement Trudeau avait sans doute de bonnes raisons de faire de Mary Simon la première Gouverneure générale inuite dans l’histoire du Canada. Que dire de sa décision subséquente de nommer une lieutenante-gouverneure unilingue anglophone, Brenda Murphy, dans la seule province officiellement bilingue du pays, le Nouveau-Brunswick ? Encore là, l’inverse aurait été impensable. Pour couronner le tout, les libéraux de Justin Trudeau n’acceptent pas le jugement d’un tribunal du Nouveau-Brunswick qui a déclaré inconstitutionnel le processus de nomination de Mme Murphy, justement parce qu’elle ne maîtrisait pas le français. Ottawa a choisi de porter la cause en appel, si bien qu’il faut se questionner sur la valeur symbolique de tels gestes.

En nommant avec autant de désinvolture des unilingues anglophones à des postes clés de l’appareil étatique, le premier ministre, Justin Trudeau, libère les voix dissidentes qui se moquent de la Loi sur les langues officielles. À la moindre difficulté, « c’est le français qui prend le bord », fait remarquer le porte-parole du Bloc québécois en matière de langues officielles, Mario Beaulieu.

Malgré les nobles intentions et les boniments d’usage sur le bilinguisme du Canada, les francophones ne sont pas dupes de l’inégalité de rapports de force dans la fonction publique fédérale. Selon une compilation récente de Radio-Canada, les postes de sous-ministres et de sous-ministres associés sont occupés par des anglophones quatre fois sur cinq. Le poids des hauts fonctionnaires francophones (19 %) est inférieur à leur poids réel dans la population (23 %). Le bassin de fonctionnaires francophones (31 %) rend encore plus incompréhensible leur faible représentativité dans les postes d’influence.

Les conséquences ne surprendront guère. Une « insécurité linguistique » plombe l’usage du français dans les officines fédérales à Ottawa, à Gatineau et à Montréal. Pas moins de 44 % des fonctionnaires francophones sont mal à l’aise d’utiliser leur langue première sur les lieux de travail, par crainte d’être jugés, d’être mal compris par leurs supérieurs ou d’exiger des efforts de compréhension supplémentaires de leurs collègues anglophones. Le constat provient d’une source fiable : le Commissaire aux langues officielles du Canada. Voilà l’état de cette maison bilingue irréformable.

Les critiques rappelleront que les Autochtones sont encore plus sous-représentés que les francophones dans la fonction publique et que leur accorder une exemption est un moindre mal dans la perspective d’une réconciliation avec les peuples autochtones. La réconciliation, nous en sommes. Elle sera nettement plus féconde et durable si elle englobe les deux « peuples fondateurs » de jadis, aux côtés des Autochtones. Ceux-ci sont bien placés pour comprendre les risques et périls qui guettent les langues en situation de minorité. Ce n’est rien leur enlever que de maintenir les exigences de bilinguisme dans la fonction publique, quitte à leur donner du temps et du soutien pour qu’ils puissent avoir la possibilité de s’ouvrir au français avec la même générosité qu’à l’anglais.

Source: Le bilinguisme avant la réconciliation

StatsCan: While English and French are still the main languages spoken in Canada, the country’s linguistic diversity continues to grow

Of note, if not unexpected given immigration impact:

English is the first official language spoken by just over three in four Canadians. This proportion increased from 74.8% in 2016 to 75.5% in 2021.

French is the first official language spoken by an increasing number of Canadians, but the proportion fell from 22.2% in 2016 to 21.4% in 2021.

From 2016 to 2021, the number of Canadians who spoke predominantly French at home rose in Quebec, British Columbia and Yukon, but decreased in the other provinces and territories.

The proportion of Canadians who spoke predominantly French at home decreased in all the provinces and territories, except Yukon.

For the first time in the census, the number of people in Quebec whose first official language spoken is English topped 1 million and their proportion of the population rose from 12.0% in 2016 to 13.0% in 2021. Moreover, 7 in 10 English speakers lived on Montréal Island or in Montérégie. 

The proportion of bilingual English-French Canadians (18.0%) remained virtually unchanged from 2016. From 2016 to 2021, the increase in the bilingualism rate in Quebec (from 44.5% to 46.4%) offset the decrease observed outside Quebec (from 9.8% to 9.5%). 

In Canada, 4 in 10 people could conduct a conversation in more than one language. This proportion rose from 39.0% in 2016 to 41.2% in 2021. In addition, 1 in 11 could speak three or more languages. 

In 2021, one in four Canadians had at least one mother tongue other than English or French, and one in eight Canadians spoke predominantly a language other than English or French at home—both the highest proportions on record.

The number of Canadians who spoke predominantly a South Asian language such as Gujarati, Punjabi, Hindi or Malayalam at home grew significantly from 2016 to 2021, an increase fuelled by immigration. In fact, the growth rate of the population speaking one of these languages was at least eight times larger than that of the overall Canadian population during this period.

In contrast, there was a decline in the number of Canadians who spoke predominantly certain European languages at home, such as Italian, Polish and Greek.

Aside from English and French, Mandarin and Punjabi were the country’s most widely spoken languages. In 2021, more than half a million Canadians spoke predominantly Mandarin at home and more than half a million spoke Punjabi.

Among Canadians whose mother tongue is neither English nor French, 7 in 10 spoke an official language at home at least on a regular basis. 

In 2021, 189,000 people reported having at least one Indigenous mother tongue and 183,000 reported speaking an Indigenous language at home at least on a regular basis. Cree languages and Inuktitut are the main Indigenous languages spoken in Canada.

Among individuals with an Indigenous mother tongue, four out of five spoke that language at home at least on a regular basis, and half spoke it predominantly.

Source: While English and French are still the main languages spoken in Canada, the country’s linguistic diversity continues to grow

Rothman: Where Did All the [fatwa] Apologists Go?

Legitimate call-out:

Salman Rushdie was stabbed ten times last Friday afternoon when a 24-year-old attacker rushed the stage of the Chautauqua Institution where the author was speaking. The attack was premeditated, and Rushdie’s injuries are severe. The interruption of this placid intellectual setting with an act of murderous violence—one that the Iranian regime has long encouraged—has shocked American consciences. At least, that’s what we can infer from the silence of those who attached themselves in recent years to the voguish notion that provocative speech is tantamount to violence.

It is reasonable to assume that Rushdie’s attacker was animated by the grievances that led Tehran to order devout Muslims to kill him on sight. That 1989 fatwa, issued shortly after the publication of his novel The Satanic Verses, is believed to have influenced his attacker. Indeed, this may have been a more “guided” attack than that, according to the NATO officials who spoke with Vice reporter Michael Prothero. “A Middle Eastern intelligence official said it was ‘clear’ that at some point prior to the attack,” Prothero wrote, the alleged assailant “had been in contact with ‘people either directly involved with or adjacent to the Quds Force.”

Perhaps the ambiguity over whether Rushdie’s attacker was acting on Iran’s orders, actively or tacitly, has led those who have argued for years that speech can produce trauma (and can, therefore, justify meting out trauma in equal measure) to hold their tongues. Maybe their silence is indicative of the fact that the target of this assassination attempt bears too much resemblance to themselves for comfort. If there was any intellectual consistency among those who subscribe to this proposition, though, they would be holding fast to their conviction that Rushdie had it coming.

“Words can have a powerful effect on your nervous system,” Northwestern University psychology professor Lisa Feldman Barrett wrote in a 2017 New York Times op-ed. “Certain types of adversity, even those involving no physical contact, can make you sick, alter your brain — even kill neurons — and shorten your life.” The professor attempted to distinguish “abusive” speech from the “merely offensive,” the former of which can, she asserted, produce negative physical consequences. “We must also halt speech that bullies and torments,” she concluded.

This is the rationale that led college newspaper editorials in the last decade to argue that offensive speech constitutes “an act of violence” and to endorse “appropriate measures” to ensure controversial speech does not fall on fragile ears. It’s this logic that led a majority of college students who responded to a 2015 survey to agree with the idea that “choosing to use or not use certain words can constitute an act of violence.” It is this framing that convinced nearly one-fifth of college students to endorse the proposition that violence may be an “acceptable” way to prevent challenging ideas from ever being expressed.

This infantilizing notion has been trotted out to justify the violence committed by Islamist fundamentalists. “Charlie Hebdo has a long record of mocking, baiting, and needling French Muslims,” wrote Tony Barber in the Financial Times, after the bloody massacre of that French publication’s cartoonists and writers. After all, that’s “what happens when you get a culture that, rather than asking to what end we defend free speech, valorizes free speech for its own sake and thus perversely values speech the more pointlessly offensive it is.” Even then-Secretary of State John Kerry lent credence to this notion when he said of the murderers that they at least had “a rationale that you could attach yourself to somehow and say, ‘Okay, they’re really angry because of this and that.’”

Four months after the bloodshed, American blogger Pamela Geller tried to repeat the behavior that supposedly led to this attack. Geller’s “cartoon drawing contest,” an act of solidarity with a famous stunt executed by the Danish publication Jyllands-Posten, had its intended effect. Two radicalized gunmen attacked the Dallas, Texas, venue hosting Geller, where they were killed by security. For successfully duplicating the conditions that inspire violence in the violent, Geller was pilloried. MSNBC host Chris Matthews accused her of “taunting,” “daring,” and “provoking” her would-be murderers. CNN’s Erin Burnett accused her of enjoying “being a target of these attacks,” and New York Daily News columnist Linda Stasi said that it was Geller’s “wish” that there be “more dead Americans at the hands of radical Muslims.”

In 2015, following the bloodshed in Paris, the annual PEN American Center Literary Gala sought to award that year’s Freedom of Expression Courage award to Charlie Hebdo. In response, six well-known authors disassociated themselves from the organization. One of the boycotters, the Booker Prize-winning novelist Peter Carey, complained of PEN’s “blindness to the cultural arrogance of the French nation.” The slaughter of innocents over little more than having the temerity to offend the easily offended was not, he said, something the West should be “self-righteous” about.

Rushdie disagreed. “If PEN as a free speech organization can’t defend and celebrate people who have been murdered for drawing pictures, then frankly the organization is not worth the name,” he wrote. “What I would say to both Peter [Carey] and Michael [Ondaatje] and the others is, I hope nobody ever comes after them.” Of course, no one did. Why would they? Their actions were in line with the intellectual fad of the moment. Dissociating from an organization that celebrated speech for speech’s sake required no courage because it incurred no consequences. Rushdie, by marked contrast, has bled for his consistency.

Source: Where Did All the Apologists Go?

One in four border officers witnessed discrimination by colleagues: internal report

Of note:

One-quarter of front line employees surveyed at Canada’s border agency said they had directly witnessed a colleague discriminate against a traveller in the previous two years.

Of these respondents, 71 per cent suggested the discrimination was based, in full or in part, on the travellers’ race, and just over three-quarters cited their national or ethnic origin.

The figures are drawn from a survey conducted as part of an internal Canada Border Services Agency evaluation that looked at how the agency processed travellers, using a lens of gender, race, ethnicity, religion, age, and mental or physical disability, and the interaction between these factors.

The agency recently posted the results of the evaluation, which focused primarily on people flying into Canada, on its website.

As part of the research, 922 border services officers and superintendents were surveyed from March 2 to 22, 2020.

Of those who said they saw a colleague engage in discrimination, just over two in five did not report what they observed. Some mentioned fear of reprisal or simply feeling uncomfortable.

Sixteen per cent of those who witnessed discrimination reported what they saw. However, some of these respondents indicated that they faced challenges in doing so or that their reports were not taken seriously or acted on, the evaluation report says.

The CBSA’s traveller processing activities do not intentionally set out to target people based on perceptions around their race or ethnicity, the report says. The agency uses a combination of information sources, such as global trends and reports, in the development of scenarios, which are systematically reviewed for human rights and other considerations.

“However, certain practices can have unintended consequences that result in the overrepresentation of racialized communities in the law enforcement context,” the report says.

For example, when targeting rates are higher for certain origin countries, there could be unintended consequences for travellers of specific racial or ethnic groups when those groups make up a larger proportion of incoming travellers from those countries, it adds.

The reviewers found the agency could conduct only “very limited analysis” based on travellers’ racial or ethnic identities when using operational data.

“If faced with public complaints or claims of racial discrimination, the agency can neither prove nor disprove with its data whether its policies or practices discriminate against travellers, due to the complexity of this issue. If the agency were to attempt this type of analysis in the future, it would have to consider and develop new approaches on data collection, storage and analysis.”

The CBSA People Processing Manual provides personnel with guidance concerning awareness of a traveller’s culture, a prohibition on racial profiling and services provided to those with disabilities.

A large majority of survey respondents said they agreed or somewhat agreed that in order to do their jobs effectively, they need to recognize their personal and implicit biases.

The evaluation makes several recommendations, including a call to develop and implement a plan to improve the awareness and reporting of mistreatment and discrimination of travellers witnessed by border agency personnel, without fear of reprisal.

In a response included with the evaluation report, the border agency agreed to devise such a plan and set out a timetable to put changes in place this year.

Source: One in four border officers witnessed discrimination by colleagues: internal report

Foreign-educated nurse allowed to work in Manitoba after appeal panel ruling

Misleading header as story is regarding provincial equivalency, not foreign:

A foreign-educated nurse has won an appeal and will be allowed to work in Manitoba — a significant development overruling the provincial nursing regulator, which repeatedly denied her a licence due to a nursing competency test requirement.

An appeal panel of the Council of the Colleges of Registered Nurses of Manitoba unanimously ruled Thursday that Ronna Sigua must be allowed to register with the provincial college of registered nurses.

To not do so, the council said in a decision obtained by CBC, would violate Canadian free-trade laws, which the college must heed under the Regulated Health Professions Act.

Sigua, who was educated in the Philippines, was denied registration in 2013 by the Manitoba college unless she upgraded her basic nursing education. She was told, however, she required more education than could be provided at the time in Manitoba by two programs in place for international applicants.

Sigua instead finished a Quebec-based upgrading program, passed a Quebec professional nursing exam and was licensed there in 2019 and, a year later, in Ontario.

Sigua again applied for a Manitoba registration in March 2021 as a labour-mobility applicant, seeing as she was registered elsewhere in Canada.

The College of Registered Nurses of Manitoba again denied her, saying she needed to first undergo a clinical competency test. Sigua instead filed her appeal, which was heard July 26.

The appeal panel, chaired by public representative and former Law Society of Manitoba president Irene Hamilton, was of the view the college’s refusal to license Sigua “could not stand,” a four-page written decision said.

The ruling quotes from free-trade agreements that oblige signatories to certify people working in regulated professions in one jurisdiction to work in another “without any requirement for any material additional training, experience, examinations or assessments” as part of the process.

“It is the decision of the panel that these provisions apply to Ms. Sigua,” the ruling states. “Therefore we allow her appeal and direct that the CRNM register Ms. Sigua as a registered nurse in Manitoba.”

‘Stressful, expensive’ appeal

Winnipeg lawyer Evan Edwards, who represented Sigua, said the decision could have far-reaching implications.

“Ms. Sigua is pleased with the decision … which is important for so many nurses seeking to work in Manitoba,” he said in an emailed statement.

“She is looking forward to getting back to work as a registered nurse and having an opportunity to help ease the burden on the strained health-care system,” Edwards said.

But fighting the case has taken a toll on her and others in similar positions, as well as the provincial health system, the lawyer said.

“For her this litigation has been time-consuming, stressful, expensive, and in her opinion, completely unnecessary. Further, while the college was fighting this case, the province has been deprived of the much-needed services of a number of fully qualified registered nurses,” Edwards said.

The decision also comes at a time when the provincial health ministry is removing obstacles for nurses in similar positions to Sigua, as Manitoba contends with a nursing shortage, called a “crisis” on Thursday by Health Minister Audrey Gordon.

Gordon has issued a compliance order compelling the nursing college to remove its requirement that internationally educated nurses already licensed in other Canadian jurisdictions be subject to further testing if they’re trying for a second time to get licensed in Manitoba.

The order asserts the college’s clinical competence assessment demand — which Sigua was told she had to go through again but subsequently challenged — violates numerous domestic trade agreements and Manitoba’s Labour Mobility Act. Not all Canadian jurisdictions require the same clinical competence assessment.

The appeal panel’s decision said it was presented with Gordon’s order on July 26, the day of Sigua’s hearing — but after it had deliberated and reached its decision in her case.

The College of Registered Nurses of Manitoba says it’s working to implement the outcome of the appeal panel’s decision and Gordon’s compliance order.

The change is expected to impact fewer than 10 applicants coming from other parts of Canada who had previously submitted an application for registration, the college said in an emailed statement on Monday

Source: Foreign-educated nurse allowed to work in Manitoba after appeal panel ruling

Trudel: Les mots et leur contexte

Indeed. Context and intent are essential:

Cet été, le CRTC a fait fi de la loi qu’il a pourtant mandat d’appliquer et condamné l’usage d’un mot faisant partie du titre d’un livre sans même prendre la peine de considérer le contexte. Dans le même esprit, le festival Osheaga s’est senti tenu de s’excuser parce qu’un rappeur invité portait un chandail dénonçant le fascisme, mais… qui arborait une croix gammée… Ce refus de considérer le contexte des mots ou des images est l’un des principaux verrous à la mise en place de mesures pour lutter contre les propos préjudiciables en ligne ou ailleurs.

Tenir compte du contexte est une condition de la possibilité de débattre et de discuter. Les mots peuvent blesser, humilier ou exclure. Mais le refus de considérer le contexte d’énonciation d’un mot ou de la diffusion d’une image constitue une grave menace à la liberté d’expression. Il est impossible d’appliquer quelque règle limitant des activités expressives si on postule que le contexte d’énonciation d’un mot ou de diffusion d’une image est sans pertinence.

Les normes d’usage du langage reflètent les évolutions qui se manifestent sur le plan des sensibilités. Celles-ci reflètent les changements dans la reconnaissance de certaines réalités. Par exemple, en 2022, une personne raisonnable n’utilisera pas à tort et à travers des mots portant une charge douloureuse pour des personnes appartenant à des minorités raciales. Alors qu’au début du XXe siècle, certains mots aujourd’hui jugés péjoratifs étaient consignés même dans les documents officiels, il est admis de nos jours qu’une personne raisonnable doit les utiliser avec un minimum de précautions.

Il est légitime de critiquer quelqu’un qui fait le choix de s’exprimer comme on le faisait il y a plusieurs décennies en faisant fi des significations douloureuses de certains mots ou certaines images. Chacun a la faculté de faire des reproches à une personne qui s’exprime de façon maladroite.

Par contre, les autorités publiques ne peuvent punir que les propos contrevenant à une règle de droit, c’est-à-dire une règle connue édictée par les élus. La possibilité pratique d’appliquer les lois requiert de regarder le contexte des mots et des images. Lorsque la liberté d’expression a valeur constitutionnelle, il est essentiel de convenir des raisonnements par lesquels on détermine si un propos a dépassé les limites permises par les lois. Cela est impossible si on ne prend pas la peine de considérer le contexte d’énonciation d’un propos.

De fait, toutes les lois qui punissent ou interdisent des propos prescrivent de regarder le contexte d’énonciation. Au regard de la loi, il n’y a pas de mots ou d’images qui seraient interdits en toutes circonstances. Mais selon le contexte, l’usage d’un mot peut se révéler fautif au regard de la loi. Par exemple, la loi fait une différence entre le fait d’apostropher une personne en lui lançant le mot en n précédé du mot « sale » et le fait de citer le titre d’un livre comportant le mot.

C’est pourquoi l’appel à des sanctions pour avoir prononcé un mot ou exhibé un signe sans égard au contexte est un indice affligeant de la détérioration des conditions qui permettent d’appliquer les limites aux libertés expressives. C’est une entrave à la possibilité de débattre.

Cibler les propos malveillants

En quoi le fait d’accabler ceux qui s’expriment en dehors de tout dessein malveillant permet de faire avancer la lutte contre le harcèlement, l’exclusion et les discriminations ? Il est plutôt à craindre que cela contribue à légitimer les positions de ceux qui s’opposent à la mise en place de mesures proportionnées destinées à lutter contre les propos vraiment abusifs.

Ici et dans d’autres pays, les autorités publiques s’apprêtent à mettre de l’avant des mesures législatives afin de lutter contre le harcèlement et l’intimidation raciste, homophobe ou sexiste, notamment dans les environnements en ligne, où c’est un fléau. Certains sont prompts à crier à la censure aussitôt que de telles mesures sont mises de l’avant. On brandit en exemple les sanctions imposées ou réclamées à l’encontre de ceux qui font un usage parfaitement légitime de certains mots.

Dans une société qui reconnaît la liberté d’expression, il est essentiel de distinguer l’usage malveillant et les usages légitimes des mots et des images. Les lois limitant la liberté d’expression ne peuvent s’appliquer qu’en examinant le contexte d’énonciation des mots et de diffusion des images. Faire fi de cela conduit à censurer dès lors qu’une personne se met à affirmer que certains mots lui sont choquants. C’est incompatible avec la liberté d’expression.

Il est légitime de rappeler, comme on le fait chaque fois qu’éclate une controverse, que des mots sont associés à des souffrances et sont trop souvent utilisés dans un contexte malveillant. Mais pendant que l’on s’épuise à multiplier les condamnations pour des mots et des images pris hors contexte, les propos haineux — les vrais — continuent de sévir. Confondre les propos méprisants et ceux diffusés sans malveillance contribue à délégitimer la mise en place de mesures efficaces contre les propos vraiment préjudiciables. Ce sont les victimes de harcèlement raciste, sexiste ou homophobe qui paient le prix de ce refus de considérer le contexte des mots et des images.

Source: Les mots et leur contexte

Atwood: If we don’t defend free speech, we live in tyranny: Salman Rushdie shows us that

I was in working at the Canadian Embassy in Tehran when Rushdie spoke in Toronto and appeared on stage with then premier Bob Rae. We were worried regarding potential fall-out and possible threats but fortunately none materialized. (I read The Satanic Verses in Tehran, adding another personal twist to my time there).

Usual trenchant commentary by Atwood:

A long time ago – 7 December 1992, to be exact – I was backstage at a Toronto theatre, taking off a Stetson. With two other writers, Timothy Findley and Paul Quarrington, I’d been performing a medley of 1950s country and western classics, rephrased for writers – Ghost Writers in the Sky, If I Had the Wings of an Agent, and other fatuous parodies of that nature. It was a PEN Canada benefit of that era: writers dressed up and made idiots of themselves in aid of writers persecuted by governments for things they’d written.

Just as the three of us were bemoaning how awful we’d been, there was a knock on the door. Backstage was locked down, we were told. Secret agents were talking into their sleeves. Salman Rushdie had been spirited into the country. He was about to appear on stage with Bob Rae, the premier of Ontario, the first head of government in the world to support him in public. “And you, Margaret, as past president of PEN Canada, are going to introduce him,” I was told.

Gulp. “Oh, OK,” I said. And so I did. It was a money-where-your-mouth-is moment.

And, with the recent attack on him, so is this.

Rushdie exploded on to the literary scene in 1981 with his second novel, Midnight’s Children, which won the Booker prize that year. No wonder: its inventiveness, range, historical scope and verbal dexterity were breathtaking, and it opened the door to subsequent generations of writers who might previously have felt that their identities or subject matter excluded them from the movable feast that is English-language literature. He has ticked every box except the Nobel prize: he has been knighted; he is on everyone’s list of significant British writers; he has collected an impressive bouquet of prizes and honours, but, most importantly, he has touched and inspired a great many people around the globe. A huge number of writers and readers have long owed him a major debt.

Suddenly, they owe him another one. He has long defended freedom of artistic expression against all comers; now, even should he recover from his injuries, he is a martyr to it.

In any future monument to murdered, tortured, imprisoned and persecuted writers, Rushdie will feature large. On 12 August he was stabbed on stage by an assailant at a literary event at Chautauqua, a venerable American institution in upstate New York. Yet again “that sort of thing never happens here” has been proven false: in our present world, anything can happen anywhere. American democracy is under threat as never before: the attempted assassination of a writer is just one more symptom.

Without doubt, this attack was directed at him because his fourth novel, The Satanic Verses, a satiric fantasy that he himself believed was dealing with the disorientation felt by immigrants from (for instance) India to Britain, got used as a tool in a political power struggle in a distant country.

When your regime is under pressure, a little book-burning creates a popular distraction. Writers don’t have an army. They don’t have billions of dollars. They don’t have a captive voting block. They thus make cheap scapegoats. They’re so easy to blame: their medium is words, which are by nature ambiguous and subject to misinterpretation, and they themselves are often mouthy, if not downright curmudgeonly. Worse, they frequently speak truth to power. Even apart from that, their books will annoy some people. As writers themselves have frequently said, if what you’ve written is universally liked, you must be doing something wrong. But when you offend a ruler, things can get lethal, as many writers have discovered.

In Rushdie’s case, the power that used him as a pawn was the Ayatollah Khomeini of Iran. In 1989, he issued a fatwa – a rough equivalent to the bulls of excommunication used by medieval and renaissance Catholic popes as weapons against both secular rulers and theological challengers such as Martin Luther. Khomeini also offered a large reward to anyone who would murder Rushdie. There were numerous killings and attempted assassinations, including the stabbing of the Japanese translator Hitoshi Igarashi in 1991. Rushdie himself spent many years in enforced hiding, but gradually he came out of his cocoon – the Toronto PEN event being the most significant first step – and, in the past two decades, he’d been leading a relatively normal life.

However, he never missed an opportunity to speak out on behalf of the principles he’d been embodying all his writing life. Freedom of expression was foremost among these. Once a yawn-making liberal platitude, this concept has now become a hot-button issue, since the extreme right has attempted to kidnap it in the service of libel, lies and hatred, and the extreme left has tried to toss it out the window in the service of its version of earthly perfection. It doesn’t take a crystal ball to foresee many panel discussions on the subject, should we reach a moment in which rational debate is possible. But whatever it is, the right to freedom of expression does not include the right to defame, to lie maliciously and damagingly about provable facts, to issue death threats, or to advocate murder. These should be punished by law.

As for those who are still saying, “yes, but …” about Rushdie – some version of “he should have known better”, as in “yes, too bad about the rape, but why was she wearing that revealing skirt” – I can only remark that there are no perfect victims. In fact, there are no perfect artists, nor is there any perfect art. Anti-censorship folks often find themselves having to defend work they would otherwise review scathingly, but such defending is necessary, unless we are all to have our vocal cords removed.

Long ago, a Canadian member of parliament described a ballet as “a bunch of fruits jumping around in long underwear”. Let them jump, say I! Living in a pluralistic democracy means being surrounded by a multiplicity of voices, some of which will be saying things you don’t like. Unless you’re prepared to uphold their right to speak, as Salman Rushdie has done so often, you’ll end up living in a tyranny.

Rushdie didn’t plan to become a free-speech hero, but he is one now. Writers everywhere – those who are not state hacks or brainwashed robots – owe him a huge vote of thanks.

Source: If we don’t defend free speech, we live in tyranny: Salman Rushdie shows us that

CRTC CBC License Renewal: “equity-seeking communities” requirements

Of interest and thanks to Sarkonak for noticing this change and The Line for bringing it to wider attention.,

Significant change from softer encouragement to hard targets, one that suggests the government may adapt a similar approach to employment equity in the public service and possibly federally-regulated sectors (e.g., bank, communications and transport), even if the original policy based on self-declaration and annual reporting has resulted in a much more diverse public service.

I also think their caution that such overt political goals run the risk of undermining the perceived independence of the CRTC and the CBC, one that a future government may use for its own political priorities:

We at The Line have a confession: we don’t slavishly follow every item coming and going out of the CRTC — although it is becoming increasingly clear that we ought to. So we admit that we missed, in June, the decision that came from this regulatory body that renewed CBC’s broadcasting license for another five years. 

Because, frankly, this is usually pretty rubber stamp stuff. 

So credit where it is due, we must tip the hat to Jamie Sarkonak for noticing some pretty significant changes in this renewal notice. 

Jamie Sarkonak @sarkonakjThe CRTC @CRTCeng just imposed DEI requirements onto CBC programming. CBC must dedicate 30% of its independent programming budget to the following identity categories: Indigenous, language minorities, visible minorities, disabled, and LGBTQ. #cdnpoli crtc.gc.ca/eng/archive/20…

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We read through the renewal notice ourselves and, yeah, she is correct. The CBC has a vague public mandate to inform and entertain Canadians for the purpose of creating a kind of shared national identity. Implicit in this mandate is the notion that the public broadcaster ought to broadly reflect and represent the Canadians who pay its bills. To that end, although previously the CBC could certainly choose to devote resources to “Canada’s equity-seeking communities” (and it certainly has!) never before to our knowledge has it been required to devote specific expenditure requirements to those communities as part of its license renewal. 

From the ruling: 

“As such, the Commission is imposing on the CBC the following requirements to ensure that equity-seeking communities are not only reflected in the public broadcaster’s programming, but that the programming is relevant to them.”

The CRTC is demanding a “fixed portion of independent programming expenditures directed to official language minority communities (OLMC), racialized Canadians, Canadians with disabilities, and Canadians who self-identify as LGBTQ2.” Additionally, it will grant a: “‘woman intersectionality credit’ to incentivize expenditures on productions produced by Indigenous Peoples, racialized persons, persons with disabilities, and persons who self-identify as LGBTQ2, who also self-identify as women.”

There are additional requirements for French language programming, of course. 

This line also caught our attention from the notice: 

“The Commission supports the Government of Canada’s commitment to renewing the relationship with Indigenous Peoples, based on the recognition of rights, respect, co-operation and partnership. On a broader level, the Commission also recognizes that Call to Action 84 of the Truth and Reconciliation Commission and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) tie into some of the objectives of the Broadcasting Act in that they refer to the reflection of Indigenous Peoples in the programming broadcast by the CBC.” 

The CRTC is demanding changes to the election of the CBC ombudsman to ensure he or she is “sensitive to issues surrounding Indigenous people, racialized Canadians and other equity-seeking communities.” 

It is also setting out “new expectations regarding the CBC’s Journalistic Standards and Practices to help ensure that journalists can provide relevant feedback and equity-seeking communities are consulted in any future review of the JSP.” 

(The JSP is basically the bible of CBC journalism and guides its employees in how it approaches reporting, analysis and opinion. The JSP has come under particular scrutiny in recent years when it was alleged that the expectation of “objective” journalism would distort how the outlet approaches racism. Attentive readers will note the obvious allusion to “moral clarity” here.)

Whether or not you agree with the outcomes being sought, what is clear is that the CRTC (which is appointed by the governor general, on advice of the privy council) is having explicitly political goals written into its license renewals. 

Now, don’t misread us, here. The CBC ought to be free to pursue equity goals in programming, or reviews of its JSP, or whatever it feels necessary to meet its mandate according to its own discretion. We happen think these outcomes are best exercised by trusted leaders and experienced producers who have the latitude to use editorial discretion, rather than by rigid quota or expenditure goals. 

To have these demands placed on it by an external regulator in order to fulfil the political goals of that regulator and, ultimately, its political masters, is playing with fire in the worst kind of way. 

For starters, one of the first pieces we ran here at The Line was from a documentary filmmaker who noted the ways in which diversity quotas shifted incentives in filmmaking. Just as students write to the test, quotas of this sort shift the focus in content production, forcing creators to produce content that checks a box, rather than fulfil a real audience desire. This creates a CBC that is dooming itself to be less relevant to the general public even as its relevance is growing more crucial thanks to the economic collapse of private media. The system is all the more insulting considering there is, in fact, a real audience desire for different voices and perspectives in our media landscape. 

(The Line can think of two such examples of CBC shows that were compelling and worth watching regardless of their diversity requirements: check out Sort Of and Trickster if you haven’t already. Unfortunately, the latter was cancelled when it was revealed that director Michelle Latimer was not as Indigenous as previously stated.) 

The second most obvious problem with all of this falls under the maxim “Do not give your enemies the weapons they will use to kill you.” In other words, having established this norm, do you not think that Prime Minister Pierre Poilievre, having done his damndest to stack the CRTC, will not do the same thing in turn? What is the CBC going to do when its license renewal is subject not to fulfilling the requirements of UNDRIP, but rather to concepts like “viewpoint diversity” and “journalistic objectivity,” as defined by Poilievre’s crew? The pendulum always swings back, friends, and it usually swings back harder when pushed. 

Source: The Line Dispatch 13 August

Canada less than halfway to Afghan resettlement goal one year after Taliban takeover

Of note. Not an easy process for those trying to get out but arguably IRCC capacity has been overly stretched given overall government priorities and related backlogs:

A year after the Taliban seized control of Kabul, Canada’s resettlement efforts have lagged behind official targets and the efforts to help those fleeing the war in Ukraine.

More than 17,300 Afghans have arrived in Canada since last August compared to 71,800 Ukrainians who have come to Canada in 2022 alone, according to government statistics. The federal government has promised to resettle 40,000 Afghans.

Canadian activists and MPs accuse the Liberals of not doing enough to help people who worked with the Canadian Forces in the country, including as interpreters.

They say some families are in hiding from the Taliban as they await approval of their immigration applications, while others have been split up, with children and spouses of applicants left behind.

New Democrat MP Jenny Kwan, who has been in contact with many Afghan refugees who worked with Canadian Forces, said there is a “stark difference” between the government’s treatment of those fleeing the Taliban and those fleeing the Russian invasion.

She said the situation for Afghans who helped Canada is “grave,” with many unable to escape the country and facing persecution by the Taliban.

She said some received no reply to their applications from the immigration department other than an automated response. Others seeking visas from the Taliban authorities to escape their regime were put in peril if they identified themselves.

“Their lives are in danger. They told me what the Taliban are calling them: they are called ‘the Western dogs,'” Kwan said.

“We owe them a debt of gratitude. We cannot abandon them.”

Amanda Moddejonge, a military veteran and activist, said she has witnessed families being split up, with only some making it to Canada. She also warned that Afghans who worked for Canadian Forces “are being hunted” by the Taliban.

“Nobody should face death for working for the Government of Canada, especially when this government can identify those who worked for them and is able to provide them life-saving assistance,” she said.

The warnings come as aid agencies working in Afghanistan raise alarms that the country is in a dire humanitarian crisis, with 18.9 million people facing acute hunger.

Asuntha Charles, national director of World Vision Afghanistan, said aid workers have encountered acute poverty and malnutrition, including among children.

“At least one million children are on the brink of starvation, and at least 36 per cent of Afghan children suffer from stunting — being small for their age — a common and largely irreversible effect of malnutrition,” she said.

“In the four areas we work, we’ve found that families live on less than a dollar day. This has forced seven out of 10 boys and half of all girls to work to help their families instead of going to school.”

Vincent Hughes, a spokesman for immigration minister Sean Fraser, said the Afghan and Ukrainian immigration programs are very different.

He said refugees who arrived through programs set up to bring them to Canada have a right to stay permanently, whereas it’s believed many Ukrainians who have fled to Canada intend eventually to return to Ukraine.

Helping get people out of Afghanistan and to Canada was very challenging, he added, as Canada has no diplomatic presence there and does not recognize the Taliban government.

“Our commitment of bringing at least 40,000 vulnerable Afghans to Canada has not wavered, and it remains one of the largest programs around the world,” he said.

“The situation in Afghanistan is unique as we are facing challenges that have not been present in other large-scale resettlement initiatives.”

Source: Canada less than halfway to Afghan resettlement goal one year after Taliban takeover