Tag Archives: Crime

Happy International Women’s Day! Less talk, more action to end violence against women

by Sarah Allan

Happy International Women’s Day!

I wish that this day could be spent celebrating the successes and achievements of women around the world, but sadly, though its 2013 and we have come a long way, locally and globally the focus is still on the very real and seemingly ever-present issue of violence against women. While it is variously referred to as ‘domestic violence’ (by the B.C. government), ‘family violence’ (by B.C.’s Family Law Act), ‘violence against women in relationships’ (also by the B.C. government) , and other other vague names, it all boils down to, and should accurately be called, violence against women. When talking about an issue as important as this, it’s important to choose our words carefully and with intention, as the language we use to frame a discussion sets parameters for coming up with solutions, whether we mean it to or not. I among others take issue with the misleading labels commonly used to describe physical, sexual, emotional and psychological violence towards women, as ‘domestic violence’ infers privacy and violence that takes place in the home; as ‘family violence’ and ‘domestic violence’ both obscure the gendered nature of what it is most often describing, violence by a man against a women; and as ‘violence against women in relationships’ glosses over the fact that women’s risk of violence increases once a relationship is over. Call it what you will, but i doesn’t erase the reality of violence against women in this country. It is still true that more than half of all Canadian women have experienced at least one incident of physical or sexual violence since the age of 16 and that women are more likely to be assaulted by someone that they know, than by a stranger.

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Aaron Swartz and the Fight for Freedom of Information

by Tracy Giesz-Ramsay

I had the brief chance to meet Aaron Swartz two years ago while in New York, and was instantly drawn to his charismatic outspokenness and passion when talking about the freedom of the internet and it’s powerful capability to inspire revolution and organize youth activism around the world. The room was full of fellow advocates and friends who when Aaron spoke, listened with awe and intensity to his every word. It was a swift encounter but a truly inspiring one. The following is a collection of statements from his close friends, family, and acquaintances that I find summarize the tragic situation far better than I could hope to myself:

AaronSwartz

“Since his arresting the early morning of January 11, 2011 — two years to the day before Aaron Swartz ended his life — I have known more about the events that began this spiral than I have wanted to know. Aaron consulted me as a friend and lawyer that morning. He shared with me what went down and why, and I worked with him to get help. When my obligations to Harvard created a conflict that made it impossible for me to continue as a lawyer, I continued as a friend. Not a good enough friend, no doubt, but nothing was going to draw that friendship into doubt.

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The Case of the Cuban Five

by the International Committee for the Freedom of the Cuban Five

A LEGAL UPDATE: THE CASE OF THE CUBAN FIVE

In September 1998, five Cuban men were arrested in Miami by FBI agents. Gerardo Hernandez, Ramón Labañino, Fernando Gonzalez, Antonio Guerrero and René Gonzalez were accused of the crime of conspiracy to commit espionage. The US government never accused them of actual espionage, nor did it affirm that real acts of espionage had been carried out, as no classified document had been confiscated from the Five. Their actual mission in the United States was monitoring the activities of the groups and organizations responsible for terrorist activities against Cuba. After the triumph of the Cuban revolution in 1959, Cuba had been the victim of more terrorist attacks than any other country in the world, killing 3,478 and injuring 2,099. The vastly majority of those attacks originated in southern Florida, by groups tolerated and partly financed by the US government.

After their arrest, the Five were immediately placed in solitary confinement, isolated from all other inmates for the entire 17 months of pretrial custody. For the first five months they were housed in separate cells isolated from each other as well as the other inmates. After those five months, a motion was filed by the defense asserting that their need to work on their defense was being compromised by the isolation. Four were then moved into the same single cell, with one kept housed alone, but they remained in the Special Housing Unit in isolation cells for all 17 months before their case was first brought before a court.

In spite of the vigorous objections raised by the Five’s defense, the case was tried in Miami, Florida, a community with a long history of hostility toward the Cuban government, which prevented them from receiving a fair trial.

Cuban 5

The trial, which lasted over six months, became the longest trial in United States history. More than 119 volumes of testimony and over 20,000 pages of documents were compiled, including the testimony of three retired US Army generals and a retired admiral, who agreed that no evidence of espionage existed.

Near the trial’s conclusion, when the case was about to be handed to the jury for consideration, the US government recognized in writing that it had failed to prove the main charge against Gerardo Hernandez, conspiracy to commit murder, admitting that it was facing an “insurmountable obstacle” in connection with winning the case. This charge had been added seven months after Gerardo’s arrest. However, the jury, under intense pressure brought to bear on them by the local media and Cuban-American community, nonetheless found the Five guilty of all charges.

The Five were sentenced to a total of four life sentences plus 77 years and were imprisoned in five separate maximum security prisons spread across the US without the possibility of communication with each other.

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Holding Shell Accountable: The Catch of ‘Corporate Personhood’

By Tracy Giesz-Ramsay

The question of whether or not multinational corporations should enjoy the same rights as individual citizens has been much in the arena of public debate lately, the focus primarily being on if they should be granted the ability to directly fund political campaigns in the same way that individuals can. Predominant public opinion is opposed to this, but according to the U.S. Supreme Court, in the eyes of the law corporations are free to do so. In 2010, the Citizens United case ruling determined that under the First Amendment, corporations had the same rights as citizens, freeing them to pay for political advertising. This certainly means that corporations can shine the spotlight on politicians who are willing to cater to their interests.

Regardless of how unfair this may seem to so many, ‘corporate personhood’ is, after all, now the law. So considering this, if corporations have been given the ability under law to enjoy the same rights as individuals, then shouldn’t they also share the same responsibilities and face the same punishments as individuals? If a corporation funded a foreign government that tortured, oppressed or even murdered their own citizens, therefore aiding and abetting in these crimes, shouldn’t they be able to be held accountable in U.S. courts for complicity? Well it’s a valid point and is what we’re seeing right now being brought to the Supreme Court in the case of Kiobel v. Royal Dutch Petroleum.

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Protesting Stephen Harpers’ Vancouver Visit

By Marius Stoner

It was shortly after twelve and a brisk summer’s day when I arrived at the Pan Pacific Hotel where Canadian Prime Minister Stephen Harper was scheduled to speak in a couple of hours. Already there were about a dozen people with signs and placards among the small crowd of mostly tourists that filled the circular, tree shaded benches along the road and a few people sat down in the area just in front of the doors to the Vancouver Convention Centre, the complex that housed the Pan Pacific.

Some video cameras on tripods were also apparent as other news organizations prepared to cover the event. At either side of the main doors were a pair of uniformed Vancouver Police officers in relflective vests. One of these pairs began to openly and actively photograph and videotape people as the crowd began to grow.

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The Rationale Behind the Invasion of Afghanistan is Not Control of Oil and Gas

By Jahanzeb Hussain

The invasion of Afghanistan in 2001 is perhaps the only American military venture whose cause and purpose is the most misunderstood. Why did the US attack Afghanistan? Is it because of Central Asian energy resources that the US wants to control? Did the US want to install itself right in the heart of Central Asia in order to dictate whatever economic and political development that can potentially take place in that region? After all, that region has the world’s last proven source of conventional gas and oil reserves – it is a powerhouse whose potential has yet to be properly exploited. It is also a region over which Russia, Iran, Turkey, China and India vie for influence. The only country missing in this Great Game is the United States, which, as an empire, cannot allow an important region such as Central Asia to be run by other countries, whether they are rivals or not. Following this logic, many conclude that Afghanistan was invaded to this end – for America to posit itself in a country which is the center of that region’s development (Afghanistan connects South Asia, Central Asia, Russia, China, Iran and Turkey together), as well as to surround Iran even further, and to install military bases on the Western/Southern front of China. In general, the invasion of Afghanistan was seen as a natural extension of America’s desire to militarize its energy politics in Muslim countries. The invasion of Iraq two years later was another proof of this policy. Afghanistan had all the credentials to qualify as yet another country that was targeted by the US for its geostrategic and economic importance.  Many would argue that attacks on the World Trade Center were welcomed by the United States as they helped provide a pretext for Washington to occupy Afghanistan and to continue its quest for global dominance.

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Simone de Beauvoir Institute’s Take on Feminism and the Bedford Decision

Simone de Beauvoir Institute at Concordia University, via Sarah Allan

The Court of Appeal for Ontario recently ruled that two elements of Canada’s prostitution laws cause harm to women (Canada Attorney General v. Bedford, 2012 ONCA 186: http://www.ontariocourts.ca/decisions_index/new_releases.htm). Specifically, the Court argues that the bawdy house provisions and the living off the avails provisions of the Criminal Code violate the security of individuals who work in the sex trade and, as such, are unconstitutional. In more simple terms, the court argues that prostitution laws put women in the sex trade at risk of violence and that these laws violate the fundamental Charter rights of sex workers.

What the Ruling Means
The ruling removes barriers for women working in the sex trade that increase their vulnerability to violence and harm. It allows them to hire a driver or a bodyguard, for example, as a way to ensure their safety-practices that were previously criminalized (living off the avails provision). It enables women to work together out of the same apartment; this practice was criminalized under the bawdy house laws. The ruling means that women can work more safely and that they can work together.

Why We Support the Ruling as Feminists
The ruling begins with the explicit statement that the question at hand is not about morality, but is rather one of constitutionality (paragraph 9). As feminists, we support a legal framework in which complex social issues are disentangled from patriarchal moral norms. Historically, the idea that women should not wear pants in church, the implicit condemnation of women who chose to have a child outside of marriage, or the notion that women who dress sexy in some way invite sexual assault and rape are different examples of the ways the patriarchal moral order has framed how women’s actions, behaviours and dress have been considered, in society at large and in the legal arena. Full equality before the law for women is facilitated when ”morality” is excluded from legal considerations.

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Ever Been Called An “Extremist” for Hating Hate?

Last weekend, Don Davies, Immigration critic for the NDP and MP for Vancouver-Kingsway, attended an anti-racist community march and block party that No One Is Illegal-Vancouver (NOII) had organised after local neo-Nazis lit on fire and attacked several people of colour in Vancouver on Commercial Drive, a Vancouver neighbourhood otherwise infamous for its glut of organic grocery stores.

That afternoon, Davies tweeted about how much he had enjoyed the demonstration, for which he was promptly flame-warred by Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism. Yesterday, on the NDP’s new leadership’s first day in Parliament, Kenney and another Conservative MP, Devinder Shory, continued their ad hominem arguments by attacking Davies in Parliament for having been at the demonstration (including making demands that he apologise, evidently for being there at all). Reporter Karl Nerenberg provides a summary of that “debate.” The full transcript is available on Hansard.  Kenney also issued a press release on his personal website against NOII.

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2 out of 3 Prostitution Laws Unconstitutional: A Partial Victory for Sex Workers

by Sarah Allan

Today, the Ontario Court of Appeal released its judgment in the matter of Canada (Attorney General) v. Bedford, which brought a constitutional challenge to the criminal laws that relate to prostitution. They struck down two of the three laws that were challenged, on the basis that they violated sex workers rights to take steps to ensure their own safety and security, and pretty much needlessly exposed them to increased levels of violence and harm. The five justices determined:

  • the law prohibiting brothels or ‘common bawdy houses’ was disproportionate and overbroad and should be struck down;
  • the law prohibiting ‘living off the avails of prostitution’ was overbroad, and should be read down to only apply where there are “circumstances of exploitation”;
  • the law prohbiting ‘communicating for the purposes of prostitution’ should be upheld, as they felt it served its purposes of combating street nuisance and harm to communities, in a way that outweighed other harms.
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MARCH 18: Community March Against Racism

by Fathima Cader

March 21, the International Day for the Elimination of Racism, marks the anniversary of the 1960 Sharpeville Massacre in South Africa, when police opened fire on hundreds of South Africans protesting against Apartheid’s passbook laws. Police killed 67 people and wounded 186.

This year, in light of the recent string of hate crimes committed by the white supremacist group ‘Blood and Honor’ on Commercial Drive in Vancouver, we encourage our families, friends, neighbours, and supporters to continue to counter racism. The violence perpetrated by ‘Blood and Honour’ members included unprovoked physical attacks on a Black man, a Latino man, and an Indigenous woman. The neo-Nazis, three of whom have been charged, also doused a Filipino man with gasoline and set him on fire as he napped on a bench on Commercial Drive. Last year, other members of this same group were charged in Edmonton for three hate crimes there. The group’s membership is active across Canada and the States.

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