Oct 2, 2023 – Progress…
CTV –
Gov. Gen. Mary Simon on Canada’s progress to reconciliation: Full interview | CTV’s Question Period
An almost 12 minute video in which Canada’s Governor General reflects on the progress of the resolution of issues around Indigenous people. Simon comments on the complexity of process when drawing people together in consensus: Never give up. https://www.youtube.com/watch?v=kseYgbOIPsk National Centre for Truth and Reconciliation for information about the current pre-occupations: https://nctr.ca/records/reports/#highlighted-reports
The Conversation – Terri Cardinal
Residential school deaths are significantly higher than previously reported
Cardinal is still working with estimates and other evidence but her basis is a comparison between reported deaths and discovered graves in various locations where residential schools existed. The search and the use of Ground Penetrating Radar (GPR) has been often led by survivor information. “In 2019, the National Centre for Truth and Reconciliation shared the names of 2,800 children who had died in those schools. At that time, it was believed that there were still an additional 1,600 unnamed children.” The new findings to date suggest the numbers are higher than first estimated. https://theconversation.com/residential-school-deaths-are-significantly-higher-than-previously-reported-207980?utm_medium=email&utm_campaign=Latest%20from%20The%20Conversation%20for%20September%2029%202023&utm_content=Latest%20from%20The%20Conversation%20for%20September%2029%202023+CID_40e614616f4a693771c7e15c5479aa48&utm_source=campaign_monitor_ca&utm_term=Residential%20school%20deaths%20are%20significantly%20higher%20than%20previously%20reported
Globe and Mail – Benjamin Perrin
From ‘tough on crime’ to a new transformative vision for Canada’s justice system
Perrin acknowledges the polarized status and the existential crisis within the criminal legal system and rejects the current two efforts to confront the problems as failures: tough-on-crime and tinkering with the status quo. “A new transformative justice vision emphasizes pro-active harm prevention and utilizes evidence-based and compassionate approaches to better serve victims, people who commit offences, and communities. It involves responding to complex societal challenges not with handcuffs and custody, but with innovative tools that prioritize rehabilitation and healing. It aims to break cycles of harm and trauma. At the same time, it offers practical tools for meeting community safety needs today.” Perrin, a law professor at UBC, goes on to describe some of current innovations as solutions to the impasse. https://www.theglobeandmail.com/opinion/article-from-tough-on-crime-to-a-new-transformative-vision-for-canadas-justice/?utm_medium=Referrer:+Social+Network+/+Media&utm_campaign=Shared+Web+Article+Links Related article: CTV News – Mitchell Consky / Avis Favaro Federal prisoner with terminal illness granted parole on compassionate grounds to die outside of jail (The link looks at the issue of Medical Assistance in Dying (MAID) for long term incarcerated persons.) https://www.ctvnews.ca/canada/federal-prisoner-with-terminal-illness-granted-parole-on-compassionate-grounds-to-die-outside-of-jail-1.6585094
Not-withstanding clause
For an explanation of the Not-withstanding Clause by constitutional law expert Eric Adams see: https://www.cbc.ca/player/play/2265040963928
There are now at least three premiers (Alberta, Ontario, New Brunswick) threatening the use of the not-withstanding clause in defiance of rulings or anticipated rulings. Quebec has already invoked the clause to defend its controversial decision to band religious symbols such as the hijab. It may well be time to engage a more pointed examination around the human rights issues that seemed ignored and conflicted by these invocations.
CBC News – Jason Warick Sask. premier to use notwithstanding clause to veto judge ruling on school pronoun policy – Judge says policy cannot be implemented, enforced until court rules on its legitimacy https://www.cbc.ca/news/canada/saskatchewan/judge-grants-injunction-school-pronoun-policy-1.6981406
CBC News – Alberta will use the Sovereignty Act over Federal Net Zero Electric Grid Plan http://www.cbc.ca/player/play/2268088387590 (2 min video report)
Related article: CBC News – Jason Warick Sask premier says school pronoun policy based on wide consultation, but judge says there’s no evidence of that https://www.cbc.ca/news/canada/saskatoon/no-end-in-sight-legal-battle-school-pronoun-policy-1.6982536
BC Tyee – Jackie Wong Don’t Kid Yourself About ‘Parents’ Rights’ It’s called the ‘1 Million March 4 Children.’ But who are they really fighting for? https://thetyee.ca/Opinion/2023/09/20/Who-Are-1-Million-March-4-Children-Fighting-For/
BC Tyee – Junaid Jahangir What’s Behind the Surge in Alberta’s Electricity Prices https://thetyee.ca/Analysis/2023/09/28/Behind-Alberta-Electricity-Price-Surge-Power-Essential-Service/
The Marshall Project – Closing Argument – Jamiles Lartey
Should Money Decide Who is Kept in Jail? More Locations Are Saying No. Los Angeles and Illinois are the latest jurisdictions to change their cash bail system.
There is a change coming to the criminal legal system in Los Angeles – no longer will release while awaiting court be determined by the accused’s ability to pay bail or to buy bail from professional bonds persons. Instead when charged most arrested may be released with an order to appear in court later. “California’s bail system has two separate stages. In most locations, people are automatically held in jail during the period between arrest and arraignment — the first court appearance, where a judge determines whether they will be released pretrial. California allows for a pre-arraignment bail to be set before prosecutors are even aware of the case, and before the person accused of a crime has spoken to a lawyer.” Critics of cash bail have always said that cash bail is criminogenic. https://www.themarshallproject.org/2023/09/30/california-los-angeles-county-bail-reform
Innocent Project
Today, Oct 2, marks the 10th Anniversary of the Innocent Project in the US. (https://innocencetexas.org/ ) The Texas project estimates that there are between 3000-9000 wrongfully convicted persons in prison, Canada’s Innocent Project started in 1993 but under the name the Association for the Wrongfully Convicted. (https://www.innocencecanada.com/ ) Canada has corrected the miscarriage of justice in 24 cases since its foundation. The anniversary may be an opportune moment to review some of the personal stories found at the respective web sites.
The Guardian (UK) – Sue Fish
What did we learn from the walkout of firearms officers? The Met looks after its own, not the public – Firearms officers carry a huge burden, but they are not above the law. Chris Kaba’s family deserve better than this
Fish is a former Chief Constable who is commenting on the recent controversy in which armed British police refused their role as armed intervenors and laid down their weapons in protest of a police killing that resulted in murder charges. She reviews the expectations of police who may perform as though they can skirt the law in keeping with the notion of a ‘hero cop.’ “As of 29 September they have returned to normal service, but this apparent act of solidarity for a colleague was another symptom of a self-serving minority – or, as Louise Casey, the author of a damning report on the Met, described it, “a dark corner of the Met”. https://www.theguardian.com/commentisfree/2023/sep/29/firearms-officers-met-public-law-chris-kaba-sue-fish