Tag Archives: law

Colonial Sentencing: Incarcerating Aboriginal people – Part I

3 Replies

This is a three part series based on a paper I wrote not long ago. The style is more academic and the citation less user friendly, but I thought it was a nice follow up on last week post and it gives me a break during my vacation. Here is Part I:

Introduction

Canada’s relationship with its Aboriginal population is bleak to say the least. Allies to the colonial powers at first, the Aboriginal Peoples of Canada quickly became outcasts as they were progressively pushed into reserves and their land “acquired”[1] through a series of treaties. As they lost their military usefulness, the British government followed by the Canadian federal government started a policy of assimilation of Aboriginal peoples mainly through the Indian Act by effectively making them “wards of the crown”.[2] The prohibition of Aboriginal ceremonies, diminished legal rights, and forcing children to attend residential schools were only a few of the “tools” of Canada’s assimilation policy. Since the 1970s, Aboriginal Peoples have started militating in order to obtain self-government, recognition of their ancestral and human rights, compensation for past wrongs and international recognition amongst other things.[3] Nevertheless, Canada’s assimilationist policy had and continues to have an enduring effect on Aboriginal peoples who now have high level of poverty, alcoholism, unemployment, and low level of sanitation, education, housing, etc.[4]

Continue reading →

The myth of the neutrality of law

1 Reply

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 →

Bye Bye Miss Environmental Law

Leave a reply

This past year brought a lot of change and sometime stagnation in environmental law. For someone who tries to wear the mantle of environmental law scholar I should have been stimulated or at least productive in my writing and my comments. And I must say I have been in a way through my more “official academic” writing. However my public silence except for the occasional twitter comment has a reason beside my overcharged schedule. I haven’t participated to the public debate mainly because I have nothing good to add and my mental health requires it. I try to stay optimistic as much as possible about our future, but one cannot ignore the facts: the dire situation we are in and our stagnation. There is little I can do or say that will change the will of the public, the government or the international community. Therefore, out of self-preservation, I stay silent in order not to plunge into pessimism and depressive thoughts. But I am a stubborn academic and I am opinionated; in the end expressing my anger and dissatisfaction is probably more constructive, if only for myself.

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 →