Battle for Burnaby Mountain: Part Three (The Protestors)

To read more about the National Energy Board hearings and the City of Burnaby’s legal challenges, read Parts One and Two of this series.

Public protests against the Kinder Morgan pipeline have been making news since September, when workers first cut down trees as part of they survey work. Since then protestors have grown in numbers, and the standoff reached an apex in November when Kinder Morgan won an injunction from the BC Supreme Court. The court ordered protestors to stay away, starting on November 16, from certain areas in which Kinder Morgan was conducting survey work or risk being arrested (2014 BCSC 2133). The BCSC found an injunction to be necessary, and relied on the distinction between legitimate protest involving freedom of expression and that of unlawful activity, as set out in MacMillan Bloedel Ltd. v. Simpson ([1996] 2 SCR 1048). The court found that while there would be some harm to the rights of the protestors, Kinder Morgan’s interests as a private member would be more severely and irreparably harmed, given the substantial costs and potential loss of revenue associated with the delays caused by the protests. A more complete analysis of the legal arguments and defenses presented by both sides can be found here. Read the rest of this entry »

After Paris, UK’s “Snooper’s Charter” Back on the Table

Shortly after the attacks in Paris, Boris Johnson, the mayor of London, is one of many around the world calling for increased police powers to monitor the activities of those who may pose a threat to domestic security. He told reporters that he is “not particularly bothered with this civil liberties stuff”.

Johnson is mirroring the sentiments of the Conservative government, who have plans to revive the controversial Communications Data Bill. The Bill is known as the “Snooper’s Charter” as it would allow the government to monitor and store internet and mobile communications from all UK citizens for a full year.

Deputy Prime Minister Nick Clegg has come out against the Bill, worrying that it would confer too many powers. While advocating for a change in the existing laws, he says there are other ways to “identify the needle without inferring guilt on the whole of the haystack”.

Victoire pour le peuple autochtone NunatuKavut de Newfounland

Après plus de deux ans, les 10 manifestants de la région de NunatuKavut célèbrent leur victoire. En décembre 2012 et en avril 2013, les manifestants avaient défendus leurs droits à l’appropriation territoriale des chutes de Muskrat. Une injonction avait été octroyer leur empêchant ainsi de démontrer publiquement leur mécontentement face au projet hydraulique, les manifestants affirmaient cependant que celle-ci est contraire à leurs droits fondamentaux, notamment à leur liberté d’expression.

Le mois dernier, la cour de plus haute instance de Newfoundland-Labrador à l’unanimité a déclaré l’annulation de l’injonction prévoyant que les manifestants n’avaient pas le droit de s’exprimer . Maintenant, les accusations qui pesaient sur les manifestants furent abandonnés. Une zone sera désormais destiné aux manifestants afin que ceux-ci puissent démontrer leur mécontentement face au projet hydraulique de Nalcor Energy situé  dans la région du Bas-Churchill.

Nova Scotia school board to implement transgender guidelines

In April 2013, Jessica Durling, a transgender student at Hants East Rural High, was disciplined for using the women’s washroom. She was issued a one-day suspension. The suspension was later cancelled by the Chigneto-Central Regional School Board.

The incident made one thing obvious: the School Board’s policies needed to change. Read the rest of this entry »

UK Anti-Terrorism Bill Would Require Teachers to Denounce Students

The Counter-Terrorism and Security Bill, currently before the UK House of Commons, includes a directive which could force teachers to invade their students’ privacy. The Bill would require teachers to monitor students in order to prevent them from “being drawn into terrorism” and to report them when inappropriate comments or behaviour are witnessed.

One of the most common criticisms of the Bill is that is includes pre-school teachers and nursery staff. While most of the commentary has revolved around the absurdity of reporting on terrorist toddlers, civil rights proponents are also worried about forcing teachers to spy on their pupils’ families. Teachers, meanwhile, fear that the directive would foster an atmosphere of distrust and suspicion between themselves and their students’ families.

As the Bill would create an additional duty on teachers, it is unclear exactly how it would be implemented or enforced.

For more information, see here.


Op-ed: Law professor’s words highlight how the personal is still the political

Should professional women’s personal lives have anything to do with their careers? One law professor doesn’t have the answer to that question, but her words make clear that regardless of whether they “should”, they certainly do.

Osgoode Hall Law School professor Susan Drummond says she stands in solidarity with Manitoba judge Lori Douglas. Douglas decided last week to retire early after sexually explicit photos of her, put on the internet without her consent in 2003 by her now late husband, became the subject of an inquiry by the Canadian Judicial Council.

In an article originally published in the Winnipeg Free Press titled “I can never be a judge,” Professor Drummond revealed that she appears in a presumably compromising photograph that someone close to her has threatened to send to her current employer, Osgoode Hall. Following the outcome of Justice Douglas’ plight, Professor Drummond says she has realized that “as it stands”, because she too has a photo “out there”, she can never be a judge.

Drummond likens this knowledge to that of sexual assault complainants like those who are, she says, about to have their credibility attacked by Jian Ghomeshi‘s lawyers in his upcoming criminal proceedings. Just as she can never be a judge because of the scrutiny that could befall her personal life, she says many survivors of assault feel they can never be a complainant for the same reasons.

Further, Professor Drummond ties Justice Douglas’ experience to the recent appointment of Quebec corporate law litigator Suzanne Côté as newest justice to the Supreme Court of Canada, announced on November 27. Côté was independent counsel to the disciplinary committee that heard Justice Douglas’ case, where, as Drummond recounts, Côté insisted that the committee needed to see the graphic photos of Douglas in order to make its decision. After Douglas’ lawyer obtained an injunction preventing the committee from seeing the photos, Côté applied for Douglas’ medical records, including notes from her therapist, to be included in evidence. Several days later, Douglas offered to retire early to avoid a hearing on her case. Following several days after that was Côté’s appointment to the Supreme Court.

The appointment of Côté will bring the number of women Supreme Court justices back up to four out of nine, a fact applauded by opposition party members as much as by feminists. But Professor Drummond’s story reminds us that we are far from a world where we side with women who have been threatened, attacked, or harassed. For the important thing is not that Drummond and Douglas apparently agreed to the taking of compromising photos. It’s that they and their careers are not protected when their privacy and dignity is violated by others, without their consent, in the way that Douglas’ was and Drummond says hers is threatened to be. The photos of Douglas’ private life did not mysteriously “appear” on the internet. They were put there deliberately, by someone she presumably trusted when the photos were taken.

As Drummond makes clear, these women are victims that the law does not or will not protect. Sexual assault victims, dignity and privacy violated too, are not protected either from having their reputations and careers ruined by scrutiny into what they mistakenly thought was their “private” life. As long as women like Douglas can still lose their jobs because private photos of their consensual sexual activity were put on the internet without their consent; as long as women like Drummond can still know that certain prestigious, high-paying, powerful, male-dominated jobs will remain forever out of their reach because of the possibility that they will be judged and scrutinized over private photos put into the public sphere without their consent and used as threats against them; as long as women feel they must refrain from lodging formal sexual assault complaints because of how their personal and private lives will be publicly scrutinized, the personal does not remain personal at all, but still acutely political.

As a feminist, I like seeing another woman appointed to the Supreme Court too. I just wish it was a woman who, rather than participate in the same old savage attacks on the personal life of another woman victim of sexual harassment, had chosen instead to stand in solidarity with her as Drummond does. But Côté would likely argue that she was just doing what lawyers do: representing her client’s interest, impartially, objectively; indeed, the legal system makes it possible and acceptable for her to do as she did in Douglas’ case. Just like the lawyers who filed a hopeless and now-retracted $50 million civil lawsuit against CBC on behalf of Jian Ghomeshi, a move that law professor David Tanovich says is ethically and professionally questionable. While Côté’s work on Douglas’ case may not be professionally questionable, it still begs the question that Tanovich asks: is this – damage to the lives, careers, and reputations of women who are direct targets of intentional violations of their privacy – what we are going to accept as “business as usual”?





Creating a Better Learning Environment: Gay-Straight Alliance Bill to be Introduced in Alberta Legislature

On Thursday November 20, Liberal MLA Laurie Blakeman is set to introduce Bill 202, the Safe and Inclusive School Act, to the Alberta Legislature. The private member’s bill is aimed at making all Alberta schools safe, inclusive, and supportive learning environments for all students regardless of sexuality, sexual orientation, or gender identity. The introduction of the bill in this year’s fall session of the legislature comes after a non-binding Liberal motion to support gay-straight alliances in Alberta schools was defeated in the spring session. It remains to be seen whether the bill will receive enough support to move forward in the legislative process from the governing Conservative party and opposition Wildrose party.

Read the rest of this entry »

Budget Cuts, User Fees Threaten Access to Information

Canada’s federal information watchdog, Suzanne Legault, is warning that budget cuts are impeding her ability to carry out her mandate of ensuring Canadians’ right of access to information.

The Office of the Information Commissioner of Canada is tasked with investigating complaints regarding freedom of information requests under the Access to Information Act.  The Office serves a vital role in government transparency, giving Canadians recourse to an independent body if a government agency denies or unduly delays a request for information.

However, the Office has been squeezed over the past few years by budget cuts and increased user access requests. Read the rest of this entry »

A Violation of Privacy Threatens a Victim’s Career

Lori Douglas is the Associate Chief Justice of the Court of Queen’s Bench’s Family Division in Manitoba. Over a decade ago she was the victim of an invasion of privacy on the part of her late husband, Jack King, who posted nude photos of her online without her knowledge or permission. In 2010, a former client of Douglas’ husband filed a complaint with the Canadian Judicial Council (CJC), alleging that the couple had sexually harassed him. According to the client, King had invited him to participate in a threesome when he posted the nude photos of his wife online. Until his death King maintained that Douglas had no part in what he later described as his “ridiculous [...] grotesque” actions. The CJC dropped the sexual harassment allegations in early October, however is proceeding with the disciplinary hearing. The CJC is concerned that the photos “could be seen as inherently contrary to the image and concept of integrity of the judiciary”. On Tuesday, Douglas lost a bid to end the hearing.

Senate Approves Controversial Prostitution Bill

The Senate approved Bill C-36 on Tuesday, inching the controversial prostitution bill one step closer to becoming law.  It now needs only Royal Assent, a mere formality, to become law.

The Bill is a response to the Supreme Court of Canada’s decision in Canada v Bedford last December, which struck down the existing prostitution laws as unconstitutional. In Bedford, the Court found that the laws infringed sex workers’ s. 7 Charter rights by imposing conditions that created a dangerous working environment. Read the rest of this entry »

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