Category: Law

Posts about law-making, the courts, and legal concepts in general

Palmater on a basic Canadian injustice

The creation of Canada was only possible through the negotiation of treaties between the Crown and indigenous nations. While the wording of the treaties varies from the peace and friendship treaties in the east to the numbered treaties in the west, most are based on the core treaty promise that we would all live together peacefully and share the wealth of the land. The problem is that only one treaty partner has seen any prosperity.

The failure of Canada to share the lands and resources as promised in the treaties has placed First Nations at the bottom of all socio-economic indicators – health, lifespan, education levels and employment opportunities. While indigenous lands and resources are used to subsidize the wealth and prosperity of Canada as a state and the high-quality programs and services enjoyed by Canadians, First Nations have been subjected to purposeful, chronic underfunding of all their basic human services like water, sanitation, housing, and education. This has led to the many First Nations being subjected to multiple, overlapping crises like the housing crisis in Attawapiskat, the water crisis in Kashechewan, and the suicide crisis in Pikangikum.

Palmater, Pamela. “Why are we Idle No More?” in The Kino-nda-niimi Collective. The Winter We Danced: Voices from the Past, the Future, and the Idle No More Movement. Arbeiter Ring Publishing; Winnipeg. 2014. p. 37-8 (paperback)

Joseph Carens on illegal immigrants

“Some people would say that “illegal immigrants” should have no legal rights at all, precisely because their very presence is “illegal.” But no one really would defend that view if they thought about it for a moment. The fact that immigrants have settled without authorization does not mean that it’s O.K. to kill them or beat them up or rob them. Even “illegals” are entitled to protection of their basic human rights, and most people acknowledge this in principle.

The problem is that some (in Arizona, for example) want to link immigration enforcement to everything else, so that those whose job it is to protect basic human rights, like local police or workers in emergency rooms, are expected to report anyone with an irregular immigration status. The result is that irregular migrants will steer clear of the authorities, and so will be vulnerable to extreme abuse. If we take human rights seriously, we should take the opposite approach. We should create a firewall between immigration enforcement and those responsible for protecting basic human rights. Irregular migrants would then know that they could go to the police or to the emergency room without worrying about getting reported. That’s what cities like New York are trying to do.”

From: “When Immigrants Lose Their Human Rights“, New York Times, 25 November 2014

Elected to the Toronto350 board

Tonight I was elected to the first board of Toronto350.org, which is in the process of incorporating as a non-profit.

Does anyone have experience being on the boards of non-profit organizations? I would be grateful if people could direct me toward some useful sources of information on how boards work and the responsibilities of directors. We also need to finalize our bylaws, so guidance along those lines would also be appreciated.

P.S. Toronto350.org has an ongoing donation drive. Donations will go toward our campaign work, which is all volunteer-driven.

Organ donation and clear intent

Back in February, the Planet Money podcast had an episode about organ donation.

I think most of it would be familiar to anyone who follows the issue, but one thing was new to me. I have often heard that an easy way to increase the number of organ donors is to switch from an opt-in system for participation to an opt-out system. Nobody is forced to be a donor, but it becomes the default option.

The episode identified a problem with this, at least in the United States, in that medical teams may not interpret this as adequate consent to donate and may then ask family members for more information. People who have not made a conscious choice may not advise family about their intentions, and so organs that might otherwise be transplanted go to waste.

For the record, I am signed up to be every kind of donor you can be in Ontario (with a “DONOR 9Z” on the back of my health card). Back when I still bicycled in cities, I also wore a green organ donor ribbon on my main cycling backpack, for the benefit of any paramedics.

Pushing back against internet surveillance

An international effort is being made today to fight back against internet surveillance.

If you wish to take part, I suggest doing so by downloading a version of the GNU Privacy Guard for your operating system, in order to encrypt your emails. Gpg4Win is for Windows, while GPGTools is for Mac OS.

Downloading the TOR Browser Bundle is also a good idea.

Lastly, you may want to learn how to use your operating system’s built-in disk encryption: BitLocker for Windows and FileVault for Mac OS.

None of this is likely to protect you from the NSA / CSEC / GCHQ, but it will make ubiquitous surveillance a bit harder to enforce.

Open thread: marine protected areas

I have written a number of times before about the unsustainable nature of global fisheries and the sorts of policies that might help combat that.

Marine protected areas have an important role to play in that effort. They constitute sanctuaries in which fish are protected from the hugely destructive fishing technology that is now deployed. Their more extensive establishment could play an important role in maintaining the viability of many important species.