RSS FeedRyan Venables – Case Comment: UFCW Local 401 v. Old Dutch Foods [2009] ALRBD No. 56.
Follow the case comment link to the full case comment done by Ryan Venables
Stacy Bonds Beaten, Stripped by Ottawa Police
James Morton gives the backdrop in The Ottawa Citizen:
The facts of Bonds’s treatment bear repeating. She was walking on Rideau Street in downtown Ottawa. She was neither drunk nor behaving inappropriately. The police stopped her and asked her name; she provided it.
After checking her name and finding nothing, the police told her she could go on her way. Bonds, as is her perfect right, asked why she had been stopped in the first place.
In response, the police arrested her for public intoxication and handcuffed her. As Ontario Court Judge Richard Lajoie later held, Bonds was not drunk. Once Bonds was taken to Ottawa Police headquarters, the judge noted that she was anything but “violent or aggressive.”
The full video is also available at The Ottawa Citizen.
A Message From Transport Canada
Political Prisoner in Iran – A letter to the supreme leader
Mr. Ali Khamenei,
I am a first year law student in a Canadian Law School. I lived in Iran until the age of thirteen. My family and I immigrated to Canada in 1997 because of the lack of freedom of expression in Iran. As immigrants, we were not always treated well and we suffered discrimination and were pushed back to work within our own small Iranian community in Toronto. We loved Iran but actions by some Iranians have embarrassed our people at an international level. In this letter, I will explain to you how I have personally suffered as a result of these actions. If you and I, as Iranians do not treat each other well, how can we expect the international community to truly and genuinely respect our people?
One of the latest actions that bring disrepute to all Iranians all over the world is in regards to Blogger Hossein Derakhshan, 35, a dual Canadian-Iranian national. He has been unfairly tried and sentenced on 28 September 2010 to 19 and a half years’ imprisonment on vaguely worded charges relating to national security. He was detained without charge for about 19 months prior to trial and denied regular access to his family and lawyer. Amnesty International believes he is likely held solely for the peaceful expression of his views, and if so should be immediately and unconditionally released.
I have personally seen that in Europe, the situation is even worse for Iranians. In addition, videos of Iranian refugees in places like Greece and Australia speak to the failure of our 1979 revolution. In my opinion, you and your government are partly responsible for ensuring the well-being of all Iranians. Your actions, though it highlights some of the malfunctions in the Iranian culture, have nevertheless followed innocent Iranians everywhere we have sought refuge. Most Europeans and North Americans today look down on Iranians because we have created a bad image of ourselves. We have been intolerant to women, homosexuals, bloggers, religious minorities, racial minorities and almost every other group that is different than the majority.
I was born in Iran but see myself as belonging to the 6.8 billion people on Earth, and yet, the actions of the Iranian government constantly undermine my attempts personally to make a good living. Mr. Khamenei, this is how your actions at the macro level results in problems for an Iranian like me at a micro level. It is time to address the negative image that Iranians have created for us. Iran was the first country in the world and Iranians are a warm and passionate people who have many beautiful cultures. You as an Iranian and selected leader need to promote the positive aspects of our culture. It is easy to shout and be critical of individual bloggers and exploitative foreigners. Maybe it is time to pick the difficult path of self-reformation. Why divide people based on their differences such as religion, race, and way of thinking when we can bring them together through our similarities? We don’t need enemies in this world; we don’t need to shout “death” at others; what we need is to show that we can respect people who think different, act different, and live different than the majority. The strongest people are the most merciful and the kindest.
Releasing Hossein would be a first micro step that would help all Iranians show how we are a kind people. As the leader you are responsible for reforming a positive image for all Iranians especially in Europe and North America. The world watches how we treat one another as Iranians, and they treat us in the same way that we choose to treat each other. Please act in a way that Iranians will be treated better from now on inside and outside of the land where both you and I opened our eyes to this world.
Bringing Animal Rights to the Forefront of Correctional Services Reform
“Until we have the courage to recognize cruelty for what it is; whether its victim is human or animal, we cannot expect things to be much better in this world…we cannot have peace among men whose hearts delight in killing any living creature. By every act that glorifies or even tolerates such moronic delight in killing we set back the progress of humanity.”
-Rachel Carson
The sentencing of Anjalo Abeywickrema is an interesting one: he will have to go to jail for 4 months for his crimes and a 5 year ban on owning a pet.
But should if at all an individual go to jail for harming other creatures? Perhaps it is because people sense that an injustice has taken a place. A defenceless creature has lost its freedom and liberty to life.
I used to ask myself, “Why do some groups like PETA put resources towards better treatment of animals when there are millions of their fellow humankind suffering from poverty, environmental catastrophes, and war?”
My dad one day explained to me, “Son, when any creature suffers in this world, all of us suffer the consequences of that injustice.” I think his statement was a criticism to insensitivity towards injustice in any form that may take place.
I would argue that all social justice issues are inter-linked. In fact, I am optimistic that many sources of injustice can be solved with the same tools. In order to avoid the suffering of an animal we must investigate the sources of injustice. Are we as human beings genetically engineered to cause harm onto other creatures, or are we socialized? If we area socialized, then perhaps we can change that socialization in order to have better animal owners in the future.
When a human goes to jail for causing harm to his animal, people start to speak of the action of unnecessary pain. This increases sensitivity. When we start to talk about causing pain, we may even formulate solutions such as access to education and prevention instead of prosecution. Should we just put people in jail and throw the key away?
Historically, Canadian Criminal Law has functioned retroactively. In other words, someone like Abeywickrema acts with the intention of harming others in a way that is prohibited. Consequently he was punished by the Legal system. My question is, what proactive role if any should the Law and Legla professionals played in the past in educating the public regarding what is acceptable and what will send them to jail. Why not identifying the sources of sadistic behaviour?
I can tell you that as an immigrant, my family and I know no greater treasure than freedom. We travelled the planet to find a place where we can be free to speak our mind, wear the clothes we want, and many other freedoms that people take for granted. Perhaps it is time for the Law to teach people why we should not take our freedoms for granted. When an individual goes to jail to be “corrected” as the name of the government department foreshadows he/she does that at the cost of freedom and liberty: to my family and I, this is a heart breaking punishments because we come from a place where their Law has made the whole country feel like a jail most of the time!
I want to ask what deep failures in society have helped create an individual like Anjalo Abeywickrema. What kind of parenting; what kind of social and financial context; who educated this individual regarding his rights and how he can protect his liberties. Perhaps the kinds of behaviours that is acceptable for an animal owner? Despite the fact that people do have a choice in how they behave, this choice I would argue is always affected by social context, physiological stability, and many other variables and that is why the Law and Legal professionals need to be proactively involved in educating our communities.
My suggestion for the reform of “Correctional Services” comes from the Middle East. An interesting interpretation of Islamic Sharia Law is that people can only be punished harshly when they live in an almost perfect community without considerable social disparity. The Islamic community would have a role in socialization and identification of individuals who are in need of guidance.
In conclusion, when we are sensitized to the pain of an individual dog, we can no doubt become more sensitized to the deep social roots for the criminal’s actus reus and mens rea in the crime that he has committed. I would add to the famous saying by Ghandi “An eye for an eye makes the world go blind;” if someone has weak eyesight, let’s give him/her glasses before he falls into the ditch.
Take-Back Laws…
Are you aware of “Take-Back Laws”?
Well, view the video below, and then you’ll understand why we need them!
Free Speech 101
CSIS tapped phone despite order
Can you blame people if their response to this kind of news is cynicism?
CSIS tapped phone despite order
Agents violated solicitor-client privilege, recorded 171 calls involving accused terroristBy Andrew Duffy, The Ottawa Citizen
November 16, 2010Federal security agents recorded 171 phone calls between suspected terrorist Mahmoud Jaballah and his lawyers after they agreed to halt the practice in December 2008.
That revelation is contained in a recent order issued by Federal Court Judge Kevin Aalto, who condemns the repeated breaches of solicitor-client privilege.
“Solicitor-client privilege is virtually sacrosanct in the Canadian judicial system,” Aalto said in ordering two federal agencies to turn over a raft of documents to Jaballah’s defence team.
I’m also concerned about how this implicates the federal lawyers who had access to this privileged information. What role might the Law Society have in rectifying this abuse of power?
Noah’s Ark Today
In the year 2010, the Lord came unto Noah, who was now living in Canada and said, “Once again, the earth has become wicked and overpopulated and I see the end of all flesh before me. Build another Ark and save two of every living thing along with a few good humans.”
He gave Noah the blue prints, saying, “You have six months to build the Ark before I will start the unending rain for 40 days and 40 nights.”
Six months later, the Lord looked down and saw Noah weeping in his yard … but no ark. “Noah,” He roared “I’m about to start the rain! Where is the Ark?”
“Forgive me, Lord,” begged Noah. “But things have changed. I needed a building permit. I’ve been arguing with the inspector about the need for a sprinkler system. My neighbors claim that I’ve violated the neighborhood zoning laws by building the Ark in my yard and exceeding the height limitations. We had to go to Development Appeal Board for a decision. Then the Department of Transportation demanded a bond be posted for the future costs of moving power lines and other overhead obstructions, to clear the passage for the Ark’s move to the sea. I argued that the sea would be coming to us, but they would hear nothing of it.
Getting the wood was another problem. There’s a ban on cutting local trees in order to save the spotted owl. I tried to convince the environmentalists that I needed the wood to save the owls. But no go!
When I started gathering the animals, I got sued by an animal rights group. They insisted that I was confining wild animals against their will. As well, they argued the accommodation was too restrictive and it was cruel and inhumane to putso many animals in a confined space.
Then the Ministry of Environment ruled that I couldn’t build the Ark until they’d conducted and environmental impact study on your proposed flood.
I’m still trying to resolve a complaint with the Human Rights Commission on how many minorities I’m supposed to hire for my building crew.
Also, the trades unions say I can’t use my sons. They insist I have to hire only Union workers with Ark building experience.
To make matters worse, the Canada Revenue Agency seized all my assets, claiming I’m trying to leave the country illegally with endangered species.
So forgive me, Lord, but it would take at least ten years for me to finish this Ark.”
Suddenly the skies cleared, the sun began to shine, and a rainbow stretched across the sky.
Noah looked up in wonder and asked, “You mean, You’re not going to destroy the world?”
“No,” said the Lord. “The government beat me to it.”
Ontario Legal News Update
Iran Propaganda debunked in 7 minutes
If London (England) was Occupied
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