Germany Grapples With Racism After Threats Derail Refugee’s Candidacy For Parliament

Sad:

Tareq Alaows was hoping to become the first Syrian refugee to win a seat in Germany’s parliament when the country goes to the polls in September.

Speaking to NPR in February after announcing his candidacy with the Green Party, the 31-year-old lawyer and human rights activist from Damascus was full of ambition to help make Germany a better place.

“From my own experience as an asylum-seeker, I know that Germany needs to improve its integration policies, because they impact everyone, not just refugees,” he said. “I want to effect change for everyone in Germany.”

When Alaows fled the war in Syria in 2015, he thought he was leaving the threat of violence behind him. “The whole reason I came to Europe was so that I could live in safety and with dignity,” he said.

That has not come to pass. Citing death threats and a racist offensive against him and people close to him, Alaows withdrew his candidacy to represent the constituency of Oberhausen, in North Rhine-Westphalia state, in parliament on March 30.

The intolerance and intimidation Alaows faces have been widely condemned but are nothing new for Muslim and nonwhite public figures, or for politicians who openly support refugees. His dramatic campaign ending follows a rise of ethnic discrimination and violence in Germany in recent years, according to the government’s Federal Anti-Discrimination Agency.

“We have a problem with racism”

Alaows is not currently talking to the press, although he has spoken to Green Party candidate Lamya Kaddor.

“I wasn’t surprised by the threats and abuse pitted at Tareq, but I think he was,” Kaddor said. “We have a problem with racism in this country, and not just with far-right extremists. Racism is widespread, even in the middle of society.”

Kaddor, who is running to represent a Duisburg district in the September election, said she too faces racism daily. She was born in Germany to parents who came from Syria several decades ago. She vows she won’t let intimidation stop her election campaign.

“I’m used to a certain level of hatred and hostility. It doesn’t scare me anymore,” Kaddor said. “But it’s frightening for Tareq, who’s experiencing such vehement racist abuse for the first time.”

Like Kaddor, journalist Ferda Ataman was saddened but not surprised by Alaows’ decision.

“Being the target of racist abuse and threats myself, I fully understand why Tareq Alaows has stepped down,” said Ataman, who was born in Germany after her parents emigrated from Turkey. “But it’s very bitter news. Effectively, he’s unable to take part in our democratic process, which is a damning verdict on our society.”

Ataman, who wrote the book Ich bin von hier. Hört auf zu fragen! (I’m From Here. Stop Asking!), is the director of Neue deutsche Medienmacher, an organization that advocates for diversity in the media and politics and offers support to journalists facing racist threats. She said they have a long way to go.

Shrugging off blackface

Two days after Alaows stepped aside, a public television station in the southern region of Bavaria aired an ostensibly satirical sketch about the election featuring a comedian in blackface. The comic was portraying a fictional Black dictator.

The public media network, Bayerischer Rundfunk, told NPR that the comedian stands behind his decision to appear in blackface because “as a satirist” it’s his “job to present things in an exaggerated way.”

Ataman said the broadcaster’s decision to air the sketch is indefensible.

“Unfortunately, blackfacing on television here is not that unusual, and it’s only just starting to be questioned,” she said. “I think that says everything about where Germany is when it comes to tackling racism.”

Ataman said another glaring sign that racism is ingrained in society is the disproportionate representation of minorities in politics. She said between 92% and 96% of state and federal lawmakers are white, even though people with what’s referred to here as a “migration background” make up 26% of Germany’s population.

Those are not the only issues. The latest annual report by the government’s anti-discrimination agency indicated racist attacks were on the rise. Ataman said racism is wide-ranging, from everyday microaggressions to institutionalized discrimination and racial profiling in policing to de facto segregation in schools. Germany has also seen anti-Muslim and anti-refugee protests by a group called Patriotic Europeans Against the Islamization of the West, or PEGIDA. And it has witnessed far-right extremist attacks such as those the National Socialist Underground, a neo-Nazi group, got away with for almost a decade until its only surviving leader was convicted in 2018.

In 2019, Walter Lübcke, a pro-refugee regional lawmaker in Chancellor Angela Merkel’s Christian Democratic Union party, was assassinated by a far-right extremist outside his home following a series of death threats.

Journalists with minority backgrounds have also received threats. Die Zeit columnist Mely Kiyak — who was born in Germany to Kurdish parents — turned the hate mail she received into a theater show called Hate Poetry in which she and fellow journalists of color read the abuse in front an audience.

Another withdrawn candidacy

Another politician who has left the political arena because of racism is Sener Sahin. Last year, he dropped out of the race for mayor in the Bavarian town of Wallerstein. Sahin, who’s Muslim, was intending to run for the Christian Social Union, the Bavarian sister party to the CDU.

“When I announced my candidacy, there was a huge outcry from fellow CSU council members who said the C for CSU stands for Christian — not Muslim,” Sahin said. “So, I withdrew from the race before it really started. I didn’t want to cause a rift in our town.”

Sahin, an engineer whose parents are from Turkey, was born in Germany but said he is still considered an outsider.

“They didn’t like my name, my background or my faith,” he said. “That hurt, of course, because I knew that if I were named Thomas Müller, they’d have supported me.”

He said he’s not one to bear grudges though. He magnanimously jokes that a year later his last name is now trending because of Ugur Sahin, the immunologist and founder of the German company BioNTech, which developed a COVID-19 vaccine with U.S. drugmaker Pfizer. (The two men are not related despite their shared surname, he added.)

Filiz Keküllüoglu, co-founder of a group working to empower minorities, women, trans and other marginalized people in the Green Party, said cases such as Sener Sahin’s and Alaows’ are typical and that political parties need to take a hard look at themselves.

“Every political party in Germany is far whiter than society, and this is a major deficit in our democracy,” Keküllüoglu said. “We work with established politicians within the Green Party, people willing to question their own privileges who are open to power sharing.” With polls suggesting the Greens could win enough seats in September to enter a coalition government with the CDU and CSU conservative alliance, Keküllüoglu said their diversity initiative may end up working overtime.

Markus Söder, the state governor of Bavaria and leader of the CSU who just backed out of the race to succeed Merkel as chancellor, attended a carnival event in 2015 dressed as Mahatma Gandhi in brownface.

Similar incidents in countries such as the United States and Canada are considered offensive and spark public outcries. But Ataman said the fact that Söder’s appearance in brownface was barely raised during his candidacy is symbolic of a wider lack of anti-racist awareness within German politics and society.

As for Alaows, it was not just overt hate that prevented him from running in the election, he said, but also the racist structures the country has failed to question. In a statement announcing his withdrawal, he said, “My candidacy showed that in all parties in politics and across society, strong structures are needed to confront racism and help those affected.”

Source: Germany Grapples With Racism After Threats Derail Refugee’s Candidacy For Parliament

The race for Canada’s special, one-time permanent-residence program is flooding English-language test providers

Hmm. Someone should have anticipated that this change could result in this problem:

It’s the most sought-after test for any prospective skilled immigration applicant in Canada at the moment and Braxton Rayan is racing against time to secure the earliest spot possible.

With 90,000 spots up for grabs under a new one-time special program offering a pathway to permanent residence, international graduates and essential migrant workers see what they feel is the best chance to make their immigration dreams come true.

However, to qualify, they must meet the language-proficiency requirement and many are now scrambling to book one of the two mandatory language tests — CELPIP and IELTS — as soon as possible amid the third wave of COVID-19, when spaces at test centres are limited.

“We are grateful for this opportunity, but everybody wants to write the test at the same time and we’re all struggling to get a date for the test,” said Rayan, 20, an international student from Sri Lanka in television broadcasting at Seneca College.

“We are all in a rush to get our language test done, but we have limited time because they cap the intake. Once the intake is full, the immigration program shuts down.”

Last Wednesday, Immigration Minister Marco Mendicino announced the time-limited immigration pathway to grant permanent residence to 40,000 recent international graduates, 20,000 temporary foreign workers in health care and 30,000 in other essential occupations.

Applications open May 6 and close on Nov. 5 or once the target is reached. So far, Rayan has only managed to book the CELPIP or Canadian English Language Proficiency Index Program test for June 17 and fears he could lose an edge to those who can get a test date sooner.

The sudden surge of interest in the English-language tests has overwhelmed the test providers in Canada, crashing their websites following the immigration minister’s announcement.

CELPIP put out a tweet warning people about the “technical difficulties” of its test registration system, and shut down its phone lines “due to the volume of requests.”

“With Immigration, Refugees and Citizenship’s new program, we know that people seeking a pathway to permanent residency are eager to meet their requirements in time for the start of the application period on May 6 and, as a result, we experienced a significant increase in web traffic,” said Betty Chan, vice-president of operations of Paragon Testing Enterprises, which delivers CELPIP in Canada.

“With over 60 test centres across Canada, we can accommodate a growing number of test takers, especially as we expand our availability to meet the current demand.”

Chan said CELPIP had neither advance knowledge of the new immigration program nor could anticipate the extra demand as a result of the announcement last week.

This week, additional CELPIP sittings have been added the next four weekends in a couple of dozen Canadian cities, up to May 16. Tests have been scheduled on “traditionally less popular days” with new times including 8 9:30 and 10 p.m. at some locations.

IELTS Canada, which stands for International English Language Testing System, also reported technical challenges with its booking system in Canada due to the large volume of people looking to book tests.

“We are working hard to add extra test dates and speaking slots. Please continue to check our webpage,” British Council Canada, an owner of the test, said on Twitter on Tuesday.

Akshay Kumar, who graduated from Niagara College’s law clerk program last year, said international graduates must pass a minimum English proficiency to be admitted to a Canadian academic institution. The admission standard is higher than what’s required under the new pathway.

However, IELTS and CELPIP test scores are only considered valid by Canadian immigration officials for two years from the date of issuance of results. Many people who qualify for the new immigration pathway and had already taken the tests have had their test results expire.

“You need to be able to read, write and speak English in order to get admission. If you’re not proficient in English, how are you supposed to graduate from a Canadian college or university?” asked the 26-year-old from India, who has an undergraduate law degree from England.

“I’m not alone. Many of my friends also have trouble logging on (the test websites) and booking a test. It’s fully booked till September. They should waive the language test requirement for those who had taken the test and already graduated from designated institutions.”

On Tuesday, Kumar and others started an online petition raising concerns about the availability of the language tests and the risks of contracting COVID-19, given both IELTS and CELPIP must be taken in person at a designated test centre.

On social media, the immigration department directs applicants’ inquiries about the availability of the tests to the test operators.

Source: The race for Canada’s special, one-time permanent-residence program is flooding English-language test providers

What Does Vaccine Inequality Look Like? See Chart

In addition to inequalities within and between Western countries, not to forget the global ones:

Earlier this month, Namibia’s president Hage Geingob was invited to join the WHO’s weekly press briefing to talk about World Health Day. The idea was for him to help explain to the hundreds of reporters from around the world what was happening with COVID immunization efforts in his southern African nation.

In what has become all too common during the pandemic, the video connection was unstable. The Namibian president kept freezing on the screen. The audio would become muffled and incomprehensible, or the sound would drop out entirely.

Then at times there would be bursts of clarity. “It is COVID apartheid!” Geingob shouted.

“We already made our deposit!” He insisted. It became clear that the president was using his time not to speak to the press but to harangue WHO officials in the room to finally deliver the vaccine doses he’d already paid for through COVAX. That’s the WHO-led initiative to procure and equitably distribute vaccines, particularly for low- and middle-income nations.

“We have made the advance payment but there is this exclusion. COVID apartheid is now prevailing,” he said, comparing the inequity in global access to vaccines to the South African Apartheid system that divided the country along racial lines and trapped millions of Black Africans in poverty.

“Up until now, we didn’t get any,” he said of the vaccines Namibia has ordered. The few hundred doses that Namibia has been able to secure is “only because our good friends, China and India, gave us vaccines.”

So far Namibia has given fewer than 3,000 COVID jabs. This is a fraction of what a mass vaccination site in the U.S., like the Javits Center in New York City, administers every day.

In the United States nearly 40% of the population has now gotten at least one dose of a vaccine. In Namibia less than 0.1% of the population has gotten a shot.

The U.S. has administered more COVID vaccinations in to arms than any other country in the world. Ingrid Katz, the associate faculty director at the Harvard Global Health Institute, says the U.S. is now in “somewhat rarified air” in the global vaccination effort. “There are a few other nations out there who are with us.” Globally just 2.3% of the world’s population is now fully vaccinated. In Africa it’s fewer than 1%.

“It you look at the data globally,” Katz says. “You’ll see that about 75% of the vaccines have gone to only 10 countries globally. There’s massive, massive inequality.”

The countries that have managed to get a lot of people vaccinated — the U.S., the U.K., India — all happen to have manufacturing plants that are producing the vaccines. They also have had export restrictions which meant their own citizens have been at the front of the line to get immunized. Important regional players such as South Africa have fully vaccinated only ½ of 1% of their population. In the Philippines it’s less than 0.1%. Even wealthy nations in Europe such as Germany, Spain, Italy and France haven’t yet gotten above 7%.

Katz says this is no way to tackle a global health crisis. “If we assume that it’s fine just to vaccinate American citizens but no one else in the world, we’re going to be in big trouble,” she says.

Katz had a paper in the New England Journal of Medicine. In it she and her colleagues calculated that based on the vaccination rates happening globally at the end of March, it would take 4.6 years for the planet to reach herd immunity against SARS-CoV-2. Since then the number of shots being given each week has increased.

“But we’re still talking years. It’s not going to be months,” until this pandemic is under control, she says. And if the virus continues to spread and mutate for several more years, there’s a good chance that a variant could emerge to which the vaccines provide no protection.

At that point the U.S. would be in no better position than a country that hadn’t vaccinated at all.

Getting the whole world immunized “is an investment in our own self-interest,” Katz says.

Source: What Does Vaccine Inequality Look Like? See Chart

Denmark raises the bar on citizenship

Ongoing trend:

Denmark plans to tighten the conditions for citizenship, after a deal struck between the government and three opposition parties. The country already has one of the most restrictive immigration policies in Europe.

The Danish government announced on Tuesday that it is tightening the conditions for naturalization, excluding people who have been convicted of crimes. The new rules follow an agreement reached between the Social Democrat government of Prime Minister Mette Frederiksen and three right-wing opposition parties.

“Obtaining Danish citizenship is a great declaration of faith from Danish society, according to the parties to the deal. They are therefore in agreement that it is necessary to raise the bar for who can become a Danish citizen,” the migration ministry said in a statement.

Danish values

In future, applicants for Danish citizenship will have to show that they have had no criminal convictions and that they have been employed for at least three-and-a-half of the last four years.

The agreement also puts a strong emphasis on “Danish values.” Citizenship tests, which have been used since 2015, will now include five questions on these values.

“We want to be absolutely sure that those who receive Danish citizenship, with all the rights that go with it, are well integrated into Danish society and have also embraced it – including Danish values,” the migration minister, Mathias Tesfaye, told the public broadcaster DR. Danish values included freedom of speech and equality, he said.

The Liberal (Venstre) Party’s Morten Dahlen tweeted that there was “strong agreement” on the new rules.

Non-Westerners targeted

According to Statistics Denmark, 11% of Denmark’s 5.8 million inhabitants are of foreign origin – either born abroad or with parents born abroad. Of those, 58% are citizens of a country classified as “non-Western,” the AFP news agency reports. In 2020, of the approximately 7,000 people who became Danes, more than half were Europeans.

In March, the Danish government announced plans to swap controversial laws on “ghettos” that affect marginalized neighborhoods for tighter measures targeting “non-Western” residents. The move led to concerns expressed by human rights groups about discrimination against the country’s non-European ethnic communities.

Denmark is also the only European country to revoke the residency permits of Syrian refugees, having declared that Syria is a safe country for return.

Source: Denmark raises the bar on citizenship

For Vaccine Passports, Less Tech Is Best

Of interest given that discussion has already started in the Canadian context:

I have been reluctant to write about whether and how Americans might provide proof of vaccination against the coronavirus. It’s a political, cultural, ethical and legal minefield. Technology is not the point at all.

But if some workplaces, schools, public gathering spots and travel companies start requiring a “vaccine passport,” it makes sense for them to do so in ways that preserve people’s privacy, are simple to use, win people’s trust and don’t cost a fortune.

Let me tell you about an intriguing proposal from PathCheck Foundation, a health technology nonprofit. The central premise is that technology related to our health should be as minimal as possible. That philosophy should be our North Star.

Here is one problem with some early technology approaches to digital vaccine credential systems: They create too many middlemen that tap into your health records, said Ramesh Raskar, an associate professor at the M.I.T. Media Lab who also founded PathCheck.

In the United States, states are mostly the ones maintaining records of which residents are vaccinated. Early efforts to create vaccine credentials, like the Excelsior Pass in New York, essentially create a replica of those state databases with information including your name, date of birth, address, the batch numbers of your shots and so on. And that’s what businesses and others access when they check whether people walking in the door are vaccinated, Dr. Raskar said.

When you add multiple layers of technology into any system, it increases the possibility of your sensitive data leaking out. It’s also expensive and complicated for everyone involved. “It’s completely unnecessary,” Dr. Raskar told me.YOUR CORONAVIRUS TRACKER: We’ll send you the latest data for places you care about each day.Sign Up

PathCheck’s idea is to create simple software code that anyone — workplaces, schools or airlines — can incorporate into apps, without the need to replicate health records.

When you need to show a vaccination credential, a one-time code would transmit two pieces of information: your identity, and that you’re vaccinated. Yes, there’s still a middleman, but the difference is that the apps would do as little as possible to access your sensitive information. The relevant data is communicated more directly between your phone and the state health records. You might have to show your ID, too.

He compared this proposal to paying for a sandwich with cash instead of a credit card. There is no need for a complicated paper trail to buy lunch. The metaphor isn’t perfect, but it’s useful.

Some of the organizations pitching vaccination credential technology, including IBM and the airport screening company Clear, are making a similar pitch that their technologies are as minimal as possible.

Dr. Raskar says that they’re often not, because tech companies, states and others have tried to throw a lot of smarts at the problem. If you hear the word “blockchain” with vaccine credentials, know that something has gone off the rails. The risk is that we get complicated, potentially incompatible technology for people to provide proof of vaccination.

What we really need is dumb technology that does as little as possible and knows as little about us as possible. “How can we make it simple, simple, simple as opposed to what technology companies are doing, which is to add more?” Dr. Raskar said.

PathCheck is just one of multiple companies and nonprofit groupsthat are developing fraud-proof vaccination credentials. It’s going to be confusing for awhile as these technologies are evaluated and tested.

But PathCheck deserves credit for turning the approach to vaccination credentials on its head. Less and dumber technology is usually the best.

Source: https://www.nytimes.com/2021/04/20/technology/covid-passports-vaccine-technology.html

#COVID-19: Comparing provinces with other countries 21 April Update

The latest charts, compiled 21 April as the third wave has started.

Vaccinations: Overall, Canada and most provinces continue to be comparable to EU countries.

Trendline charts

Infections per million: Recent spikes in Ontario and Alberta are more apparent.

Deaths per million: No major changes save for Italy now ahead of UK.

Vaccinations per million: Vaccination rates in Canadian provinces increasing more quickly than overall G7 less Canada countries. Increases among immigration source country reflect China and India mass vaccination roll-out.

Weekly

Infections per million: Surge in Ontario means province has more infections than Prairies.

Deaths per million: Italy ahead of UK.

India is grappling with rapid increase in cases which will likely show-up in their relative ranking over the next few weeks:

Authorities said hospitals in the Indian capital of Delhi would start running out of medical oxygen by Wednesday as Prime Minister Narendra Modi said the country faced a coronavirus “storm” overwhelming its health system.

Major government hospitals in the city of 20 million people had between eight and 24 hours’ worth of oxygen while some private ones had enough for just four to five hours, said Delhi’s deputy chief minister, Manish Sisodia.

“If we don’t get enough supplies by tomorrow morning, it will be a disaster,” he said, calling for urgent help from the federal government.

Mr. Modi said the federal government was working with local authorities nationwide to ensure adequate supplies of hospital beds, oxygen and antiviral drugs to combat a huge second wave of the COVID-19 pandemic.

“The situation was manageable until a few weeks ago. The second wave of infections has come like a storm,” he said in a televised address to the country, urging citizens to stay indoors and not panic amid India’s worst health emergency in memory.

“The central and state governments as well as the private sector are together trying to ensure oxygen supplies to those in need. We are trying to increase oxygen production and supply across the country,” he said.

Mr. Modi faces criticism that his administration lowered its guard when coronavirus infections fell to a multimonth low in February and allowed religious festivals and political rallies that he himself addressed to go ahead.

India, the world’s second-most populous country and currently the hardest hit by COVID-19, reported its worst daily death toll on Tuesday, with large parts of the country now under lockdown amid a fast-rising second surge of contagion.

The health ministry said 1,761 people had died in the past day, raising India’s toll to 180,530 – still well below the 567,538 reported in the United States, though experts believe India’s actual toll far exceeds the official count.

“While we are making all efforts to save lives, we are also trying to ensure minimal impact on livelihoods and economic activity,” Mr. Modi said, urging state governments to use lockdowns only as a last resort.

One local hospital with more than 500 COVID-19 patients on oxygen has enough supplies for only four hours, Delhi’s Health Minister Satyendar Jain said late on Tuesday.

Tata Group, one of India’s biggest business conglomerates, said it was importing 24 cryogenic containers to transport liquid oxygen and help ease the shortage in the country.

The U.S. Centers for Disease Control and Protection has said all travel should be avoided to India, while British Prime Minister Boris Johnson cancelled a visit to New Delhi that had been scheduled for next week, and his government said it will add India to its travel “red list.”

Several major cities are already reporting far larger numbers of cremations and burials under coronavirus protocols than those in official COVID-19 death tolls, according to crematorium and cemetery workers, the media and a review of government data.

Delhi reported more than 28,000 fresh infections on Tuesday, the highest daily rise ever, with one in three people tested returning a positive result.

“The huge pressure on hospitals and the health system right now will mean that a good number who would have recovered, had they been able to access hospital services, may die,” said Gautam I. Menon, a professor at Ashoka University.

On Tuesday, the health ministry reported 259,170 new infections nationwide – a sixth day over 200,000 and getting closer to the peak of nearly 300,000 seen in the U.S. in January.

Total coronavirus cases in India are now at 15.32 million, second only to the U.S., with epidemiologists saying many more infectious new variants of the virus were one of the main factors behind the latest surge in cases.

Source: https://www.theglobeandmail.com/world/article-new-delhi-running-out-of-medical-oxygen-as-india-grapples-with/

Quick Quotes: Reaction to Quebec court ruling on Bill 21, religious symbols law

Useful compilation:

Quebec Superior Court Justice Marc-Andre Blanchard on Tuesday upheld the bulk of the province’s secularism law, known as Bill 21, which bans many public sector workers from wearing religious symbols on the job. Blanchard, however, struck down clauses pertaining to English-language school boards and a ban on members of the provincial legislature wearing face coverings. Quebec has announced it will appeal the ruling.

Here’s a quick look at some of the reaction to the decision:

“Our position has always been that Bill 21 conflicted with our values and our mission and with those of all Quebecers as expressed in the Quebec Charter of Human Rights and Freedoms. Its very adoption was contrary to our societal goal of promoting our peaceful co-existence in a pluralistic and inclusive Quebec.” — Joe Ortona, chairman, English Montreal School Board.

—

“Of course I’m happy, but this is one small victory because we live in a very big province. My colleagues who work in the French system, they don’t get to celebrate today, and all the other people who aren’t part of English schools, they don’t get to celebrate today.” — Furheen Ahmed, teacher, Westmount High School, in Montreal.

—

“The laws of the National Assembly apply throughout Quebec. There is no question of dividing Quebec in the application of Quebec legislation. Quebec is united and it will remain so.” — Simon Jolin-Barrette, Quebec justice minister.

—

“A complex decision was handed down by the Quebec Superior Court that recognizes the inordinate harms done to individuals who wear religious symbols and strikes down certain parts of the law as unconstitutional. The decision also keeps most of the law intact and many of the recognized harms in place.” — Noa Mendelsohn Aviv, director, equality program, Canadian Civil Liberties Association.

—

“Well, I’m disappointed with the judgment. I find it illogical. Currently, it is as if secularism and values apply differently to anglophones and francophones. So, in Quebec, we protect the rights of anglophones to receive services in English, but now, that would protect different values for anglophones and francophones. I think that in Quebec, all Quebecers, and for all Quebecers, there must be common values.” — Francois Legault, Quebec premier.

—

“A religious symbol is not a diversity, it is a religious choice, it is a religious message. In that judgment, and in general, there is a tendency in Canada to treat religious signs as an intrinsic part of the body or the person itself.” — Paul St-Pierre Plamondon, Parti Quebecois leader.

—

“Quebecers who wear religious symbols such as the hijab, the kippa or the turban have been second-class citizens for 674 days. The decision today by the Superior Court of Quebec puts an end to this situation for some Quebecers, but not for all.” — Yusuf Faqiri, Quebec director, public affairs, National Council of Canadian Muslims.

—

“I’m 100 per cent sure it’ll be appealed to the Supreme Court where I think it will go down and I don’t support the idea of discrimination against people on the basis of race, creed or colour and I believe that the charter is clear on that enough that I disagree with the Quebec court on the decision.” — Brian Pallister, Manitoba premier.

—

“The result of the Legault government’s Law 21 is: Do you want your fundamental rights respected? Go work in English! Ouch, that hurts. Bill 21 is a law that is discriminatory that simply shouldn’t be there.” — Manon Masse, co-spokesperson, Quebec solidaire, via Twitter.

Source: Quick Quotes: Reaction to Quebec court ruling on Bill 21, religious symbols law

Justin Ling: How Ontario’s health advisors handled the ‘darkest day’ of the pandemic

Case study of speaking truth to power:

There are plenty of tough jobs in Ontario right now: From those moving parcels at Amazon warehouses to those guiding i-beams at a condo construction site, workers are facing the grim of reality of the pandemic.

Workers are going to the job site everyday without the guarantee of sick pay if they fall ill, need to get tested or snag a much-coveted vaccination spot.

There is one particular job that might not carry the same risks, but which still isn’t inspiring much envy these days: Being a member of the Ontario COVID-19 Science Table.

The Table, composed of some 100 doctors, researchers and specialists, is the independent body that furnishes advice to Premier Doug Ford and his cabinet on how best to beat back the deadly pandemic. It is their modelling that shows Ontario careening towards 30,000 news cases per day.

But it was their advice—to shut truly non-essential workplaces, pause construction where possible, and prioritize more vaccines for front-line workers—that was summarily ignored.

Instead, they dispatched officers to police a pandemic: As a pre-teen in Gravenhurst recently found out. They promised more inspectors, but that means very little if the provincial regulations allow employees to remove their masks on the job—a recent outbreak at a provincial testing laboratory shows that nowhere is truly safe from the virus.

The whole Table is in an impossibly awkward spot. Ford continues to tout their work, insisting it has informed his own approach to the pandemic. But, in practise, his actions have consistently been directly at odds with the advice from the Table.

Last week, as the divergence between advice and action grew wider, talk around the Table turned to mass resignation. A protest, in essence, of being used by a government that appears to have little interest in a science-based approach to fighting the pandemic.

But the majority of the Table opted, instead, for a softer approach: One that retains cautious optimism that the Ford government may yet see the light, and pursue measures that may actually avert a worst-case scenario in the province.

To underscore their position, the Science Table drafted a letter to the government with pointed advice on what to do next. It’s a letter that lays out the choice the Ford government faces. Whether or not he will make the right decision is, ultimately, up to him.

***

On Friday afternoon Dr. Adalsteinn Brown, the co-chair of the Science Table, appeared alongside Dr. David Williams, the province’s Chief Medical Officer of Health to present new modelling on the risks facing the province.

“Without stronger system-level measures and immediate support for essential workers and high-risk communities, high case rates will persist through the summer,” the presentation warned.

Brown said financial support for workers and strict measures for workplaces were desperately needed: “We need to stop infection coming into our central workplaces,” he said.

Vaccines, he added, were a central part of the strategy but wouldn’t solve this problem on their own.

The lines on the graph were three colours: Green, which rose slightly, then bent towards the X-axis. Yellow, which wobbled upwards so slightly—hovering right above 10,000 cases per day. And, finally, the red line: A line that sloped menacingly upwards, past the 30,000 marker.

Ontario is currently trending along the yellow line.

Red, yellow, and green dotted lines shadowed each of the solid lines: They represented what case counts would look like if Ontario managed to ramp up from the status quo, 100,000 vaccines administered per day, to an arbitrary number of 300,000 shots per day.

“Under every scenario, more vaccines mean a faster resolution in the long-run,” the presentation explained.

The Table communicated the crisis looming, and provided clear advice on how to avert disaster—both publicly and privately.

Hours later, after prolonged cabinet discussions, Ford appeared in front of television cameras to announce his decision: Playgrounds and outdoor sports would be banned. Outdoor gatherings forbidden, for members outside our household. Police would be dispatched to enforce the orders, with nearly-limitless authority to stop and question anyone in public. More inspectors would be dispatched to workplaces, but there would be no meaningful change to what constituted an ‘essential’ workplace. The number of vaccines reserved for frontline workers in hotspot zones would be set at 25 per cent.

The premier waved a sheet from Brown’s presentation: The chart showing the case projections. He seized on the idea that 300,000 vaccines could blunt this punishing third wave. “Would we be in this position if we were getting 300,000 doses a day back in February? Like the rest of the world? The answer is absolutely not,” Ford said.

The province looked on in alarm. The premier was, effectively, announcing a police state. Meanwhile, he was ranting at the federal government for not sending enough vaccines. When asked directly why he couldn’t shut more businesses, Ford explained how “deep” the supply chains were—light switches wouldn’t be made, he explained.

Reaction from the public was swift, and horrified. But the members of the Science Table, in particular, were beside themselves. Brown and fellow co-chair Brian Schwartz sent an email to dozens of his colleagues on the Science Table.

“We know that many of you are frustrated and angry after today’s announcements,” Brown and Schwartz wrote.

“We did the right thing,” they wrote of their early afternoon briefing, which set the stakes for Ford’s 4 pm announcement. The research and data, furnished by members of the table, they wrote: “Made it possible for us to be firm in saying what we know should be done to fight the pandemic.”

Several members of the Table took to Twitter to blast the decision. One member, Dr. Andrew Morris—who is a University of Toronto professor of medicine, a medical director in the Sinai Health System, and who co-chairs the Table’s working group on drugs and biologics—called the decision “criminal.”

Many of their blistering repudiations of the government’s decision were splashed on the frontpage of the Toronto Star on Saturday morning.

Brown and Schwartz didn’t discourage the comments. “The only thing we would ask is that you speak truth to power in the same way you would conduct any other discussion,” they wrote.

They summed up, in bullet points, the recommendations and analysis they had been providing for weeks: More vaccines for high-risk communities, close businesses that are not absolutely necessary, do more to protect workplaces that must remain open, create dedicated sick leave benefits, reduce mobility within the province, and encourage people to meet outside safely.

“Unfortunately, our advice does not align with what the cabinet announced this afternoon,” they wrote. “That requires serious discussion.”

Brown and Schwartz signed off the email, recognizing that many of the members were actually on the front-lines of this deadly fight. For those still on clinical duty, they wrote, “we wish you and your patients the very best through this exceptionally challenging weekend, and that you get a few moments of rest too.”

They arranged a 10 am Sunday morning meeting to discuss next steps.

In the outside world, pressure was mounting. Registered Nurses Association of Ontario CEO Doris Grinspun called for the Science Table to “resign en-masse.”

***

On Saturday afternoon, the Ford government appeared to walk back its enforcement measures, which would have given police nearly unfettered power to stop and interrogate people out for a walk, or driving, and ask their home address and purpose for being out in public.

The retreat came after nearly every police force in the province said they would refuse to conduct the arbitrary stops—journalist Andrew Lawton found that only the Ontario Provincial Police said they would enforce the measures.

Yet the supposedly walked-back regulations still allow police to stop anyone on the suspicion that “an individual may be participating in a gathering that is prohibited.” Of course, provincial regulations now ban any outdoor gathering, except for those in the same household. The new regulations allow police to demand the individual provide “information for the purpose of determining whether they are in compliance with that clause.”

Lawyers pointed out that the new, supposedly “refocused,” measures actually gave police more power to interrogate Ontarians on flimsy grounds. A group of young skateboarders in Gravenhurst would learn that reality pretty quickly on Sunday morning. Leanne Bonnekamp’s 12 year old son was out skateboarding with friends—in a park near the YMCA, as the skate parks were closed by provincial order. That’s when a cop approached.

“Two officers showed up, yelled at these kids—that they weren’t wearing masks, and weren’t socially distanced,” the boy’s mother, Bonnekamp, told me. One of the Ontario Provincial Police officers demanded the kids’ ID, and was running it in his cruiser as his partner stayed with the other youth.

Bonnekamp’s son was giving the officers attitude for the arbitrary stop—though no profanity, she says—as the cop gripped his scooter. In the video, the officer can be seen reaching over the scooter and shoving the pre-teen, who falls on the ground. When another youth asks just what in the hell the officers are doing, the cop yells “he’s failing to identify.”

The OPP says they are investigating the officer’s actions.

The same weekend, an outbreak in Toronto put into sharp focus the inadequacy of the government’s workplace measures. An outbreak of cases in a Toronto lab, run by Public Health Ontario to analyze COVID-19 tests, infected 16 employees.

The agency’s president Colleen Geiger sent an email to staff, which was forwarded to Maclean’s, indicating an investigation into the outbreak was ongoing and that they would identify “areas that require improvement.” Close contacts of those who tested positive, Geiger wrote, were already isolating. Other staff would be tested onsite.

One employee, who contacted Maclean’s with details of the outbreak but asked to remain anonymous because they were not authorized to speak to media, said the outbreak was just waiting to happen. Social distancing in the lab is nearly impossible and good public health measures aren’t being enforced, they wrote. Masks are often worn improperly and limits posted by the lunch tables and elevators aren’t respected.

This outbreak isn’t even the first. Previous instances where employees of the lab caught COVID-19 are “posted on bulletin boards that are tucked away in corners of hallways.”

The employee, quite correctly, argued that “Public Health of Ontario should hold a higher standard than the rest of Ontario residents and I find it shameful that this outbreak could have been avoided.”

Public Health Ontario confirmed to Maclean’s that 16 staff fell ill. “Diagnostic testing for COVID-19 as well as other infectious diseases are continuing as normal and there is no impact on laboratory services at this time,” they wrote.

If the provincial lab responsible for processing COVID-19 tests can’t even keep safe, how much trust can we put in other workplaces?

***

Sunday morning, Dr. David Fisman—professor of epidemiology at the Dalla Lana School of Public Health at the University of Toronto, and a member of the Science Table—wrote to the other members: “My concern is that the science and modeling tables are being used as cover.”

“What we saw on Friday was exactly the sort of thing I’ve been concerned about: Meaningful guidance from this group was disregarded,” he continued. “But the premier took the time to hold up a graph in which a hypothetical 300,000 vaccines per day scenario was plotted, and indicated that this would be the way forward.”

“As I have said at our meetings, at some point this starts to feel like aiding and abetting a government that has prosecuted a pandemic response that frankly feels negligent, or even criminal,” Fisman wrote.

“I don’t think I am on the same team as this government.”

That intense frustration was shared by many of his colleagues.

In an interview with Maclean’s, Morris said he was “dumbfounded” by the Friday announcement. At the same time, he called it an “apex” of a trend that has been growing over the course of the pandemic.

“When we get to Friday, they come out with these measures that are absolutely antithetical to the beliefs and advice of the Science Table — en masse, and individual members,” Morris says. “I don’t think there’s a single member who would have recommended those things.”

He phrases it as a consistent and repeated “gaslighting” by the government.

“Friday, for me, was probably my darkest day in my professional career,” says Dr. Peter Jüni, the scientific director for the Science Table—who is also a world-renowned researcher and a professor at the University of Toronto.

Jüni told me he found himself asking: “Were we not clear enough?”

“It’s pretty clear that there is a gulf between what the Science Table has recommended and what the policy announced in the province was. That’s clear,” says Dr. Isaac Bogoch who sits on the Table’s modelling working group, teaches at the University of Toronto, and who consults on infectious disease outbreaks at the Toronto General Hospital.

When the entire Table joined a Zoom call on Sunday morning, there were divergent views on what to do. Some wanted them all to resign, as a show of force that the government couldn’t use their modelling but ignore their advice.

But, as Bogoch notes, the public outcry about the measures actually prompted a retreat. The Ford government, perhaps more than the average government, is intensely sensitive to criticism. The Table’s advice—enabled by their independence, both from government and from any kind of particular hierarchy—no doubt enabled that public backlash.

There was also some pessimism about whether resigning would have much impact.

“I’m not sure, personally, what resignation would do,” Morris confesses. Bogoch agrees: They still have a job to do, he says. Being ignored “doesn’t mean you fold up your tent.”

Jüni, who publicly mused about resigning, came to a similar conclusion. “I could make a point, not a difference,” he says.

One feeling is particularly stark: The Science Table fears what, if anything, will replace their advice and modelling if they leave.

“There’s no question there are times, it has felt to many people, like we’ve been played,” Morris says. With resignation off the table, his mind turned to: “How can we avoid being played like that?”

***

What, exactly, the Ford government is going to do next is an open question. On Monday, after a brutal weekend for the Ford government, I got on the phone with someone in the Premier’s office. We agreed on anonymity so they could speak freely.

They certainly acknowledged the blowback that came from Friday’s announcement, and recognized more action would be necessary to stem the transmission of the virus. And they were quick to highlight the areas where they did, general speaking, follow the Science Table’s advice. Chiefly, Ford announced his government would dedicate 25 per cent of the vaccine supply for frontline workers in hotspot neighbourhoods.

The Science Table, I pointed out, recommended allocating 50 per cent of the vaccine supply. The government source said: Well, if we had done 50 per cent, they would have called for 75 per cent.

At another point, I noted that the Science Table was apoplectic about how virtually nothing was being done to shut truly not crucial construction projects. Yes, the source said, but the construction industry was furious.

(Indeed, the Ontario Construction Consortium attacked the government’s order barring non-essential construction, bizarrely insisting that “a recent snapshot of 10,000 Workplace Safety and Insurance Board (WSIB) claims related to COVID-19 since the pandemic began showed that fewer than 200 of those cases originated in the construction industry.” Provincial data shows that, since the start of the pandemic, some 10,000 cases were a direct result of outbreaks at offices, warehouses, and construction sites.)

But the balancing act this government is striving for is exactly the problem: Splitting the difference, or trying to strike a balance between rigorous scientific advice and the construction lobby is not a wise or successful move.

“How does a cabinet—that has even a rudimentary understanding of what’s going on—how do they deliberate over numerous hours over two days and come up with this?” Morris asked me.

“If you do half measures, you hurt everybody,” Jüni says. “Including the economy.”

The province has dedicated more inspectors for these workplaces, but its own advice is faulty: The Government of Ontario’s official policy on masks in the workplace holds that “you do not need to wear a face covering when you are working in an area that allows you to maintain a distance of at least 2 metres from anyone else while you are indoors.” (The provincial regulations state that workers may be maskless if they can maintain social distancing and are in an area inaccessible to the public—a construction site, for example.)

That is a fundamentally backwards policy that ignores the strong likelihood of airborne transmission. If workplace inspectors are continuing to enforce that standard, the inspections are going to be largely ineffective.

Things that the science table believes are going to be helpful is more support for workers, essential workers, to access support—primarily financial support so that they can get vaccinated, tested or stay away from work if they’re unwell.

When asked directly whether the government would finally retreat, and ensure sick leave for workers in the province, the government source said they were waiting to see whether Monday’s federal budget would do the job for them. Even though labour law, including sick leave, is explicitly provincial domain, they said, they wanted Ottawa to act.

The federal budget did, in fact, expand the Employment Insurance sickness benefit—but that support is claims-based, meaning it isn’t automatic nor does it mean much for an employee who suddenly falls ill. Those employees, clearly, need sick leave: Something many employers still refuse to provide, but which the provincial government can mandate.

The government source said, despite the Ford government’s dogmatic opposition to date, the government would give “serious consideration” to sick leave. But it would be unlikely any decision would be made anytime in the near future.

Part of the Ford government’s commitment to the status quo seems to stem from their belief that things are heading in the right direction. The government source said that, while things may change fast—and new ICU admissions could force their hand—they do not anticipate announcing new measures this week.

Asked where this optimism was coming from, the source pointed to the mobility data found in the Science Table’s modelling showing that, in recent weeks, fewer people have been travelling outside their home. If mobility trends downward, they think, case counts will flatten.

But that, too, runs contrary to the advice from the Science Table. “Mobility is a surrogate for contact,” Jüni says. “It’s a marker. It isn’t causal.”

As Jüni points out, declining mobility could be a sign that, through general anxiety or enforcement measures, people are staying indoors—a good sign, if social gatherings are driving transmission.

Provincial data shows that a significant number, likely the majority, of COVID-19 cases in the province are coming from workplaces and schools. I asked for data to prove that private gatherings were driving significant caseloads, but have yet to receive it.

On the flipside, however, mobility trends might not mean much if Ontarians are leaving home to engage in low-risk activity, like meeting friends in a park, or going for a walk.

The more I cited the Science Table’s work, the more the government source suggested the advice was at odds with itself. Or unclear. Or, for example, that the Table couldn’t agree on advice about the safety of gathering outdoors.

The Table doesn’t see it that way. Jüni himself presented before cabinet. “Outdoors is safe,” he told them. It can be made more safe, he added, but he says he was abundantly clear. “I do not know what more I could do,” he says.

Morris echoes the sentiment: He says it is “essential” that the province provide clear advice, encouraging outdoor activity.

***

On Tuesday afternoon, the Science Table issued a letter to the Ford government, entitled: The Way Forward.

“Ontario is now facing the most challenging health crisis of our time,” the Table wrote. “Our case counts are at an all-time high. Our hospitals are buckling. Younger people are getting sicker. The disease is ripping through whole families. The Variants of Concern that now dominate COVID in Ontario are, in many ways, a new pandemic. And Ontario needs stronger measures to control the pandemic.”

The letter put to paper, publicly, what the Table has been telling the Ford government emphatically since the third wave began swelling.

It proposed clear strategies—things the Ford government is pointedly not doing:

  • Reducing the list of essential workplaces allowed to remain open to be “as short as possible,” and ensuring that those workers wear masks on the job.
  • “Paying essential workers to stay home when they are sick.” And not, they note, the federal Employment Insurance benefit, which is “cumbersome” and inadequate.
  • Allocating as many vaccine doses as possible to hotspot communities and essential workers—and ensuring “on-the-ground community outreach” to connect doses to those workers.
  • Providing “public health guidance that works.” That means communicating a simple message: Indoor gatherings should be strictly forbidden, while underlining that “Ontarians can spend time with each other outdoors” while social distancing. That means allowing small gatherings of people from different households, while also encouraging masks and two metres distance.

The letter warns that “inconsistent policies, with no clear link to scientific evidence, are ineffective in fighting COVID.” That includes, they wrote, policies that “discourage safe outdoor activity.”

The premier isn’t mentioned by name in the letter, but the closing lines offer a stark warning for the government:

“There is no trade-off between economic, social and health priorities in the midst of a pandemic that is out of control.”

Source: How Ontario’s health advisors handled the ‘darkest day’ of the pandemic

Time for widespread gender-neutral language in federal policy, legislation, say advocates

Of note:

The very act of not being included in government policy is discriminatory, says Estefan Cortes-Vargas, former Alberta MLA, diversity consultant, and one of the first openly non-binary people elected in Canada, referring to the sparse use of gender-neutral language. It’s an issue the federal government says it’s trying to fix, piece by piece.

This area has recently been a focus for the B.C. government, with sweeping changes made to more than 70 laws and regulations in March, replacing 600 clauses with gender-neutral terms.

According to Ravi Kahlon, B.C.’s minister of jobs, economic recovery, and innovation, these changes were made in an effort to increase accessibility.

Sherwin Modeste, executive director of Pride Toronto, praised the changes as very progressive but said it’s something that still needs to be done federally, “because federal legislation carries weight through all the provinces and territories.”

However, the federal justice department told The Hill Times in an email statement that it has been implementing gender-neutral language, albeit in a “piecemeal” fashion.

“Over the years, the practice has evolved with the use of ‘they’ and its other grammatical forms and other drafting techniques in the English version of Acts. New acts are drafted using these techniques. When existing Acts are amended the drafters will, whenever possible, update the wording of the provisions that are being changed to reflect existing drafting conventions,” Justice Canada spokesperson Ian McLeod wrote.

In French, a gendered language, there are grammatical rules that could affect legislative language, he said. The department is studying this area, with the review being undertaken by departmental “jurilinguists.”

“The use of inclusive language acknowledges and values human diversity, and recognizes that individuals have differing experiences, values, beliefs, and lifestyles,” Women and Gender Equality Canada spokesperson Maja Stefanovska said in an email.

While she didn’t specify if they’re being followed, Ms. Stefanovska said the Translation Bureau has linguistic recommendations on inclusive correspondence in French.

While the English side of things generally has gender neutral replacements, like “spouse” for husband and wife, and “they” for he or she, French’s analogues are gendered, said Lee Airton, assistant professor of gender and sexuality studies in education at Queen’s University.

“It is an entirely different process to create gender neutral law and policy in French … it would be much more difficult, but no less necessary,” they said.

Practically speaking, Hélène Frohard-Dourlent, a bilingual senior strategist at gender consulting firm TransFocus, said one possible strategy is adding a dot before the final “e” in a word to indicate both masculine and feminine forms as well as the possibility of other grammatical genders. Another method is to rephrase sentences, they said, like switching “Alex is happy” to “Alex is a happy person” thus preventing happy from being tied to the person’s gender.

“And then, inevitably, if you are committed to neutral or inclusive French, you have to invent some new words and some new endings that are themselves going to be more inclusive,” they said.

The problem with this, Dr. Frohard-Dourlent noted, is that these words have to be socialized to the point where readers will actually understand them.

As for what these terms might look like, Joel Harnest, co-executive director of QMUNITY, an LGBTQ+ resource centre, said that cues should be taken from French-speaking trans folk, who can share the emerging language and phrases.

He also noted that not everything should be gender neutral. While it makes sense for certain words like husband or wife, he said that there is still a need for gender-based language when “you need to specifically call attention to or talk about a certain gender experience.” As an example, he pointed towards policy around gender-based violence.

“If we move too fast to this utopian ideal of a genderless future, we’re not really acknowledging the reality that those people have to live,” Mr. Harnest said.

Overall though, Liana Cusmano, who is interim president of the Green Party and uses they/them pronouns, says they’re receptive to the current approach for changing terminology.

“I think that’s definitely a good place to start, which is to slowly do revisions and then, when drafting new material, to apply the agenda … I don’t think that it would be a good idea to rush,” they said, adding that relying on people practiced in those legislative areas along with consultation with inclusive experts would be the best approach.

Their own party is in the process of implementing gender-neutral language in both English and French. The Liberal Party, according to spokesperson Braeden Caley, also uses gender-inclusive language, with regular policy and document review. The NDP and Conservative Party did not respond to requests for comment on their parties’ approach.

Jade Pichette, Pride at Work Canada’s manager of programs, said that there has been a lot of effort already made to move towards more inclusive language, such as changes to the style guides of the Public Service Alliance Canada—the federal government’s largest public-service union.

“Some of that work has already been done, it’s just being done on a subtle basis, where it isn’t a news story, where it isn’t necessarily picked up in the media, because we use they/them pronouns in our speech naturally,” they said. “We will just read through the document without even considering it.”

But even though some changes may happen without fanfare, they’re still critical according to inclusion experts.

Gender-neutral language has significant benefits, diversity experts say

“The very act of not being included in policy is discriminatory,” Mx. Cortes-Vargas said.

Mx. Pichette pointed towards the need to represent everybody who lives in Canada, including non-binary, agender, and two-spirit people “as a matter of respect but also as recognition of their lives.”

This broader representation, Mx. Airton said, not only has a symbolic impact, but also a practical one in terms of making policy and governance more accurate for the public and professionals. And, if there is no gendered language in a piece of policy, they said, then gender becomes less necessary to think about in a particular context.

“Gender, knowing if someone’s a man or woman, isn’t always relevant and can actually be a distraction because people use their common sense or folk knowledge about what men and women do or want to inform their decision making without realizing what they’re doing.’”

There may even be an impact on employers, Mx. Pichette said, with government stances influencing the polices and procedures of businesses.

According to Vandana Juneja, executive director of Catalyst, a women’s workplace advocacy group, this type of inclusion brings practical benefits to organizations, from enhanced financial performance to improved employee engagement and innovation.

On a more personal level, for Mx. Cortes-Vargas this sort of change would make it easier to navigate systems. For instance, when they go to the bank or fill out forms they have to pick gendered slots.

“They’ll say you have to pick one. And it’s like ‘no, I don’t—this is your problem, this isn’t my problem’ … I can’t go through and just fill out a form without having to negotiate existing in that space,” they said.

The benefit to changing these systems and writing things into policy would be a reduction of barriers, instead of continually having to ask if there’s room for them and having to get exceptions made, they said.

With gender-neutral language, Mx. Cusmano said they feel seen. While it’s difficult to put into words, the impact, they said, is huge and helps to build trust and effective collaboration.

“Gender identity is real to individuals and it has real impacts on their well-being,” they said.

Kai Scott, president of TransFocus, said the pervasive gendering of systems has significant impacts, with this “systemic exclusion” adversely affecting both mental and physical health and causing non-binary people to wonder if they’re important enough to be recognized in official documentation. “And the key thing is that if they have support and they’re affirmed, their social determinants go through the roof, they’re so positively impacted,” he said.

Mr. Modeste tied this to the economy. With more people comfortable and ready to get out there and work, the burden on society is reduced, he said. Respecting people’s gender identity is critical to alleviating these sorts of long-term impacts, he continued.

For him, gender-neutral language allows for authentic expression. In his case, having been married and lived part of the “straight life,” he said that if he had seen more gay men represented in the world when he was growing up his life would’ve been very different “in a positive way.”

Lawyer Raj Anand, a partner at WeirFoulds LLP with practice in constitutional law, pointed towards the Canadian Charter of Rights and Freedoms and its emphasis on gender equality, noting that implementing gender-neutral language would also put into action the promise the Charter was designed to have.

“When the federal government takes [gender-neutral language] on, it sends a huge signal to others, as well as internally,” Mr. Scott said. “It’s really important for employees that work for the federal government to see this change, and if it affects them personally, they benefit from it.”

“But then also for those who it doesn’t impact, they might go, ‘oh well, why is this happening?’ And then we can have conversations about the benefits of gender-neutral language just to bring everybody along on this journey that’s so important for a variety of people.”

Source: Time for widespread gender-neutral language in federal policy, legislation, say advocates

Quebec court upholds law banning religious dress, with exceptions for English schools, MNAs

Don’t think anyone saw this split coming unless I missed it:

A Quebec Superior Court judge has upheld most of the province’s law banning religious dress in some public-service functions but carved out an exception for the anglophone education system, to the dismay of Premier François Legault and other Quebec nationalists.

Justice Marc-André Blanchard ruled Tuesday that Quebec’s “Act respecting the laicity of the State,” better known as Bill 21, infringes fundamental rights to religious expression under the Canadian Charter of Rights and Freedoms, and its Quebec equivalent. He found Bill 21 has “cruel and dehumanizing” effects on the targeted people.

But, he found, the Quebec government’s use of a blanket constitutional override power under Section 33 of the Constitution, known as the notwithstanding clause, prevents him from striking down most of the law.

The judge found an exception for anglophone school boards, which are protected under the Constitution’s minority language rights from having the override applied to them. The judge ruled language rights include cultural issues such as allowing religious expression among school staff.

The ruling cements Quebec’s debate over religious rights into a schism posing proponents of the Canadian model of multiculturalism, including many anglophones, against some Quebec nationalists, mostly francophone, who want to impose a more unitary vision of Quebec culture.

Justice Blanchard also overturned religious dress restrictions on members of the National Assembly who have a Constitutional right to run for election and sit in the legislature without such constraints.

The practical result of Tuesday’s ruling is Quebec’s English-language schools can hire teachers who wear Muslim veils or Jewish kippas, while the rest of Quebec’s school system cannot. Religious symbols will continue to be banned for police officers, judges, government lawyers and others the government has defined as people in positions of authority.

“I am elated and I’m proud of the English Montreal School Board,” said Furheen Ahmed, a high-school teacher who wears a headscarf, and works for the board that was a plaintiff in the case. “But it’s one small victory in a really big province.

“My French counterparts don’t get to celebrate today. And all the other people outside English schools don’t get to celebrate.”

Mr. Legault’s government has already said it will appeal the decision while most plaintiffs and advocacy groups who brought the challenge have strongly hinted they will do likewise. Many legal experts believe a showdown in the Supreme Court of Canada is inevitable.

Justice Blanchard found Mr. Legault’s legislation, passed nearly two years ago with the stated aim of promoting secular values in government institutions, has had serious negative consequences for Quebeckers who wear religious symbols, particularly Muslim women. “Law 21 steps more than minimally on the freedom to show or to practise religious beliefs,” the judge wrote. “This use of the prerogative seems to be imprudent and casual, and its sweep is far too large.”

But, the judge added, while the use of the constitutional exemption to shield the law from challenge appears to be excessive, it does not “violate the architecture of the Canadian Constitution nor primacy of the rule of law.”

The English Montreal School Board was about the only participant in the case declaring victory. While most of the law was upheld, Mr. Legault said he was disappointed and did not understand the judgment.

“I find it illogical. It’s like laïcité and those values are applied differently for anglophones and francophones,” Mr. Legault said. “Quebec and all Quebeckers should live with common values.”

Justice Minister Simon Jolin-Barrette, the architect of the law, accused the judge of dividing Quebeckers. “Quebec is a nation. Some are trying to divide us but we are united,” Mr. Jolin-Barrette said.

Quebec’s law imposes state religious neutrality and includes a dress code prohibiting civil servants holding “positions of authority” from wearing visible religious articles. The jobs under the dress code include teachers, police officers and government lawyers, among others.

People in those jobs who wear the symbols and already hold those posts are allowed to keep working. They cannot be promoted or transferred and new hires must remove the religious symbol to work.

Carissima Mathen, a constitutional law professor at the University of Ottawa, said the ruling sets up an examination of just how far use of the notwithstanding clause can go at the Quebec Court of Appeal and likely the Supreme Court of Canada.

“It’s the first time in maybe 20 years or more that we will have this kind of detailed consideration of Section 33,” Dr. Mathen said. “Lower courts may feel constrained by existing case law. It’s a question more for the appellate court and the Supreme Court of Canada to weigh in and decide if they want to chart a new path or new approach to Section 33.”

Dr. Mathen said while scholars debate how widely the clause should be used, the issue hasn’t gone before the courts because Quebec’s broad use of it is “such a rare choice.”

Advocates for Jewish, Muslim and Sikh organizations who backed the court challenge all expressed disappointment and vowed to keep fighting.

“It came out very clearly there are fundamental problems with Bill 21,” said Yusuf Faqiri, director of Quebec issues with the National Council of Canadian Muslims.

“It’s not constitutional, it’s discriminatory. It has been 674 days that Quebeckers who wear religious symbols are second-class citizens. We will review it in the next couple of days and decide on next steps but one thing is clear. This battle is far from over.”

Source: Quebec court upholds law banning religious dress, with exceptions for English schools, MNAs

Robert Dutrisac in Le Devoir:

Dans sa décision rendue mardi concernant la Loi sur la laïcité de l’État, le juge Marc-André Blanchard, de la Cour supérieure, n’a pas chamboulé l’ordre constitutionnel canadien puisqu’il n’a pu invalider la protection que confère à la loi 21 le recours à la disposition dérogatoire de la Charte canadienne des droits et libertés. Mais il crée deux régimes de droits religieux dans les écoles suivant une démarcation linguistique, sorte de partition juridique du Québec.

À la lecture du jugement, il est évident que c’est à son corps défendant que le juge a écarté les arguments présentés par les demandeurs, notamment l’aspirante enseignante Ichrak Nourel Hak et le National Council of Canadian Muslims, qui visaient à contourner l’article 33 de la Charte canadienne accordant à toute province le droit de dérogation. En fait, le juge Blanchard a invalidé les deux seuls éléments de la loi 21 sur lesquels la dérogation n’avait aucune prise. Il s’agit de l’article 23 de la Charte qui garantit les droits scolaires des minorités linguistiques, droits scolaires qui s’étendent désormais à l’expression de la foi religieuse, selon l’interprétation nouvelle du juge. L’autre élément invalidé, c’est l’obligation faite aux élus de l’Assemblée nationale d’exercer leur fonction à visage découvert. Selon le jugement, cette obligation prive des personnes qui se couvrent le visage du droit de se présenter à une élection québécoise, ce qui contrevient à l’article 3 de la Charte. On peut voir dans cette invalidation une intrusion inédite du pouvoir judiciaire dans la régie interne de l’Assemblée nationale. Dans les deux cas, le gouvernement caquiste va demander d’en appeler.

Quant au recours à la dérogation, le juge Blanchard s’en est tenu au jugement Ford c. Québec qui établit que le législateur n’a pas besoin de justifier l’usage qu’il en fait, et ce, afin « de traduire l’importance que continue de revêtir la souveraineté des législatures », a écrit la Cour suprême il y a plus de 30 ans, préservant ce restant de souveraineté parlementaire britannique que détiennent toujours les provinces. Le juge Blanchard admoneste le gouvernement caquiste qui « ratisse beaucoup trop large » en suspendant des droits qui n’avaient pas de lien avec la loi 21 alors qu’il aurait dû agir de « façon parcimonieuse et circonspecte ». C’est un point de vue, mais si cette suppression est sans objet, elle n’aura pas d’effet. Quoi qu’il en soit, le juge prend sur lui d’envoyer un message aux tribunaux supérieurs : en cas de contestation, le législateur devrait justifier l’existence d’une « certaine connectivité » avec la législation visée. C’est à « l’urne », c’est-à-dire aux citoyens lors d’élections, de décider du sort d’un gouvernement qui exerce ce pouvoir de dérogation, fait-il par ailleurs valoir. Les tribunaux « se doivent d’éclairer cette connaissance [de l’électorat] des fruits de cette expertise », ajoute-t-il. Le juge Blanchard apporte certainement de l’eau au moulin à ceux qui exècrent la Loi sur la laïcité et qui, contre la CAQ, voteront pour le Parti libéral du Québec ou Québec solidaire.

Sur la question de l’accroc aux droits fondamentaux, le juge Blanchard, sans surprise, repousse les arguments qui pourraient justifier cette atteinte « dans une société libre et démocratique », selon la formulation de la Charte. Il rejette du revers de la main les prétentions féministes du groupe PDF Québec voulant que le port du voile soit un symbole de l’asservissement des femmes par une religion patriarcale. Il rejette la position, plus sérieuse selon lui, du Mouvement laïque québécois qui veut que la loi 21 protège la liberté de conscience des enfants et des parents. Reprenant les termes d’un jugement de la Cour suprême, il estime que refuser d’exposer des enfants à différents faits religieux « revient à rejeter la réalité multiculturelle de la société canadienne ». Et le prosélytisme « passif » n’existe pas ; l’enseignante qui porte le voile n’en fait donc pas, à moins de s’y prêter activement. Le fait qu’une enseignante portant le hidjab pourrait l’enlever à l’école afin de respecter la loi est pour lui une aberration en raison de la « symbiose » entre le port de signes religieux et la foi ; l’un ne peut pas exister sans l’autre.

En étendant les droits linguistiques des minorités que protège l’article 23 de la Charte aux droits religieux, le juge Blanchard innove. Qui plus est, la Cour crée une situation inédite de partition juridique de l’État québécois dont on peut craindre qu’elle nuise à la cohésion sociale, à ce qu’il est convenu d’appeler le vivre-ensemble, et qui ne correspond certes pas à la volonté des parlementaires. Quelle que soit l’opinion qu’on peut avoir sur la loi 21, on doit donner raison au gouvernement caquiste de porter cette cause en appel.

Source: Deux régimes de droits au Québec Éditorial La cour entérine une forme de partition juridique.