Category Archives: social justice

The myth of the neutrality of law

A few days ago, I read a comment on twitter referring to the Zimmerman case in the US (involving the alleged murder of Trayvon Martin, a black teenager, by a Latino man who followed him during is “neighbourhood patrol” because he looked “suspicious”) affirming that the legal problem with this case was how the statute was written and not racism per se stating that law is neutral and cannot be racist (the tweet was posted before Zimmerman’s acquittal; I wonder if the person feels different now). I don’t know how the Florida Criminal Code is written and I don’t actually need to know how it is written to affirm that the law is not neutral nor is the justice system. And as Zimmerman’s acquittal shows, “Justice” is not blind.

Continue reading →

Mexican Queer Refugees Need Not Apply

1 Reply

We are all aware (hopefully) that the human rights situation, especially for LGBTQ people, is highly variable around the world. Many means of advocating for changes in countries with less enviable situations than ours (and by ours I mean Canada specifically but the global west generally) make me uneasy as they are often tainted with imperialism and colonialism, even if unconsciously (homonationalism). Beside direct interventions and other saviour type interventions, one thing that can help and does not require forcing western values on developing countries is welcoming and protecting refugees. It is the 1951 Refugee Convention and its 1967 Protocol,[1] adopted in the aftermath of the Second World War as a reaction to States who turned back Jewish and other refugees, that establish the prohibition to return refugees to their country of origin (the obligation is called non-refoulement). Crucial to this obligation on State is the determination of refugee status which is done mainly by the State of refuge in accordance with the Convention or by the Office of the United Nations High Commissioner for Refugees (UNHCR). In Canada it is the Immigration and Refugee Protection Act that governs refugee status.[2] This post looks at recent problems encountered by Mexican queer refugees within the refugee determination system of Canada. Mainly it looks at the impact of perceived state protection, as exemplified by X (Re), 2012 CanLII 91398, and of Designated countries of origin.

Continue reading →

LGBQ Pride, T Shame

1 Reply

This weekend was Pride in Toronto (and coincidently it is Canada day this Monday). Millions of people from across the country and the word converged on the metropolis to celebrate LGBTQ Pride, a mostly commercial but also a bit political event. I always approach Pride as a festival more than anything else. I can be an advocate nearly all other days; this one is for celebration and fun time. Nevertheless, this year felt very different as I did not feel like celebrating much. While many were celebrating the death of DOMA and Prop 8,[1] a much more Canadian issue was mainly absent from Pride (outside of the trans circles/specific events of course): the inclusion of gender identity as a protected ground in the Canadian Human Rights Act.[2]

Continue reading →

Personal Political Contradictions: Utopianism

Leave a reply

If I had to choose one word to describe my political belief it would be utopianism. Let me explain. Utopianism as acquired a bad name over the years, mainly because it is denigrated for promoting the “impossible”. It is often use in contrast with realism (ideas based on so called empirical reality, often represented by “objective” facts). Indeed in international relations theories realists gained prominence by comparing their ideas to the failure of what they called utopians. Some realists still identify liberal theorists as utopians. Realism is predominant in the political discourse of all the major political parties. Today it is “utopian” to desire a better world if it is not realizable in the immediate future and within our “means”. I however reject this negative connotation of utopianism. In fact I would go as far as saying that utopia is as realistic as any other political proposition; what is offered to us, citizens, today by the political elite is simply unsustainable, unjust, and frankly unrealistic considering the state of our world. I prefer to envisage a world where humans and nature are not desecrated on a daily basis with the tacit acquiescence of the majority (at least on a national basis). I prefer to use this “utopia” as my starting point and work to achieve it from there. After all most people consider utopia as impossible solely because they refuse to consider the idea in the first place as it is too far remove from our contemporary “reality” (as much as our reality must be far removed from ancient civilizations).

Continue reading →

Some self-reflections

Leave a reply

I rarely use social media to talk about myself. I talk about my ideas and my work, but not about me as an individual and certainly not about my feelings. But a lot has happened to me since I left the Federal Court and went back momentarily to the school bench. The events of the past months have forced me to reflect on some aspects of my life and of myself; some of which are worth sharing.

Background

Before exposing my reflections I think it is useful to summarize the events that led me to them. In August 2011 I started working for the Federal Court. Shortly after, I moved in with my partner. I entered this new phase of my life (working full time and living with one’s partner) already exhausted from 5 years (for three different degrees) of law school and part time work to pay for my education. I’m not trying to attract anyone’s pity; after all I come from a progressive upper middle class white family. But such experiences are subjective and I felt exhausted. The smart thing to do would have been to take some time off to write and read until I could apply to a PhD program (I didn’t have time to apply during my tenure at the court) since there was no need for me to go back to school or work at a job I hated. But no, I had to enroll into another master program and manage a plethora of activities at the same time instead. The program ended up much less interesting than expected (partly because I am intellectually insecure and thus cannot admit that I could be intelligent without the schooling to prove it) and, instead of being enjoyable, fueled my stress and exhaustion further. It negatively affected my whole life. I reached the breaking point a few weeks ago and dropped everything. And now I feel great! But why did I go through all of this in the first place?

Continue reading →

The Day I Felt Shame

1 Reply

It was one of those days where time flies by like a bumblebee; nonchalantly. The temperature was finally starting to look like spring. As usual my workload was nearly unmanageable, but my coworkers were taking care of the surplus work I had. Feeling less stress than the average day, I felt compel to accept a lunch (averaging 2 hours in length) offer from my mother. We ate, of course, and I even drank a beer, oh frivolous me. We talked politic on that beautiful Thursday as we always do. The topic of the day was the never-ending student strike and the inability of the complaisant and ineffective Québec government to deal effectively with the problem it created in the first place. We were blissfully unaware of the content of the so called special law that the National Assembly was going to pass. Life was relatively good. The next day … not so much.

Continue reading →