RSS FeedOmar Khadr’s Lawyer Dennis Edney Speech at FNC
Omar Khadr’s Lawyer Dennis Edney Speech at FNC from Ezra Winton on Vimeo.
George Stroumboulopoulos and Senator Romeo Dallaire discuss Omar Khadr
The full interview can also be accessed internationally online at http://www.cbc.ca/strombo/videos.html
Conrad Black and Libel Tourism
David Canton has a column in this week’s London Free Press, where he discusses the Conrad Black case:
The case deals with Internet defamation and how to determine where to sue for it. As with traditional defamation, a party alleging Internet defamation must demonstrate they suffered damages in Ontario and also that they have a significant connection to Ontario. Where Internet defamation differs from traditional defamation is that the alleged victim must prove the statements in question targeted Ontario.
In Black v Breedan, Black brought an action for libel against directors, advisers and a vice-president of Hollinger International for statements posted on the Hollinger website. Black argued his reputation was damaged in Ontario as a result of these defamatory statements that had been reproduced in a number of prominent Canadian newspapers, such as the Globe and Mail and the National Post.
…
Black v Breedan is noteworthy because of the online aspect of the alleged defamation. Because anything posted on the Internet can be seen anywhere in the world, it has led to “libel tourism” – where someone who thinks they have been defamed will try to sue in whatever jurisdiction they might be most successful in, and get the highest damage award.
Black v Breedan tells us that – at least in Ontario – libel tourists are not welcome.
The case is interesting to me because it’s one of the first looking at the reformulated real and substantial connection test in Van Breda v. Village Resorts Limited for libel cases over the Internet.
The motion judge found most of the Muscutt factors favoured Black. On appeal, the Defendants submitted that the judge erred in looking at the connection of Black to Ontario, instead of the connections of the claim to the province.
The alternative positions of the two parties are best set out in the following paragraphs:
[35] The defendants submit that treating the lex loci delicti as the place in which allegedly defamatory statements were accessed is inappropriate in the context of Internet libel. An approach that looks to where the statements were accessed, they argue, is contrary to the principles of order and fairness, leads to libel tourism and the prospect of unlimited liability and has a chilling effect on freedom of speech.
[36] The defendants advocate a different approach to a claim for libel originating on the Internet. They suggest that the focus of the analysis of where the tort of Internet libel is committed should be on whether the defendant targeted the statements to the forum rather than where they were downloaded and read.
The Ontario Court of Appeal upheld the presumption of a real and substantial connection under Rule 17.02(g), even though the Van Breda test was not applied, and held that the Defendants did target their statements to Ontario based on press release contact info for local media. Consequently, there was a real and substantial connection between both Black and the Defendants, even if they were in a different jurisdiction.
In assessing fairness, the court noted that even though there might be difficulties with enforcement of a judgment in the U.S., a favourable ruling would have some value in vindication for Black. But the court also tied this fairness element to the libel tourism issue raised by Canton,
[86] I agree with the motion judge that it is not appropriate to label it forum shopping or libel tourism if the party has a real and substantial connection with the forum: see Amchem Products Inc. v. British Columbia (Workers’ Compensation Board), 1993 CanLII 124 (S.C.C.), [1993] 1 S.C.R. 897, at p. 920. Further, even if the judgment is not enforceable in the United States, it is enforceable in Ontario, and there is also value in the vindication of a defamation judgment regardless of the ability to collect damages.
Although Ontario courts have resisted libel tourism in the past, Black v. Breedan also reaffirms the proposition that where a case meets the Van Breda factors this is not in fact a case of forum shopping.
A Legal Student – Then and Now
It’s a lot of tuition, and even more hard work. But the journey to be a lawyer in Canada just might be worth it.
In my column of this week’s Lawyers Weekly I ask the question, “What’s a lawyer worth these days?,” discussing the B.C. S.C. ruling in Danicek v. Alexander Holburn Beaudin & Lang.
Michelle Danicek, a recent UBC Law graduate, was injured days before the bar at a law firm event. She had a motor vehicle collision soon after that. The judge assessed her promising career as a corporate lawyer with a particular knack for working with clients and awarded nearly $6 million dollars.
Not everyone will be a legal superstar the way Michelle Danicek was expected to be.
But that wasn’t really the point of my article. I also cite Alan Watson and Khaled Abou El Fadel, in Fox Hunting, Pheasant Shooting, and Comparative Law, 48 Am. J. Comp. L. 1 (2000), who suggest that there may have been traditionally more to being a lawyer than just making money or winning cases.
Although jurists were men of the world, aware of social, political and economic realities, they also reveled in the very practice of interpreting the law. Legal interpretation was a sport. Yes, it was actually fun to analyze the law.
Ha-Redeye and Yap — Piedra v. Copper Mesa Mining Corp
In the spirit of increased collegiality and collaboration within the Canadian legal blogging community, LawisCool.com and TheCourt.ca have set aside their heated rivalry to bring you their first ever joint posting. What follows is a commentary on the interesting case of Piedra v. Copper Mesa Mining Corporation, 2010 ONSC 2421.
Commentator for LawisCool.com: Omar Ha-Redeye, Juris Doctor, University of Western Ontario; founding contributor of LawisCool.com
Commetator for TheCourt.ca: James Yap, Juris Doctor, Osgoode Hall Law School, York University; former Senior Contributing Editor, TheCourt.ca.
The Facts
Copper Mesa Mining Corporation is a Canadian company based in British Columbia who planned through one of its subsidiaries to build an open pit copper mine in the Intag cloud forest just south-west of The Cotacachi Cayapas Ecological Reserve, an area of the Andes Mountains of Ecuador. The company is listed on the Toronto Stock Exchange (TSX), but it does not have significant assets or operations in the province of Ontario aside from two of its non-management directors residing in the province.
The Plaintiffs in the case are local activists in Ecuador who have opposed the mine, on the grounds that it will create major deforestation and desertification in the area and threaten more than a dozen animals with extinction. They allege that Copper Mesa through its agents used armed assaults and death threats to intimidate the local activists. Due to a perceived inability to hold Copper Mesa accountable in their country, the Plaintiffs brought a suit in Ontario against Copper Mesa, its directors, and the TSX.
The most novel aspect of the suit is the claim against the TSX for approving and listing Copper Mesa on the exchange, resulting in an influx of capital that would allegedly be used for further intimidation and violence against opponents. Local politicians in Ecuador and environmental supporters in Canada had brought the human rights allegations to the attention of the TSX before its listing. Further, the final prospectus filed by Copper Mesa’s subsidiary to the TSX acknowledge the existence of the conflict,
“[t]ensions surrounding potential exploration and mining work on the Junin property have risen, creating the potential of further escalating violence unless steps are taken to diffuse the situation,” and goes on to report a specific incident in which members of an “anti-mining group” felt “threatened”;
The liability, according to the Plaintiffs, flows from the failure to take any steps to avoid the violence, and that the Defendants knew or ought to have known that violence would ensue if the Copper Mesa subsidiary was financed through the TSX, and should have taken measures to ensure funds raised were not used for improper purposes. The project was highly dependent on funding from the TSX, with over 80% of the US$26.7 million raised by the Copper Mesa subsidiary raised on the TSX alone. According to the Plaintiffs, it was a brokered private placement of shares approved by the TSX that raised US$4.5 million that allowed Copper Mesa to hire the private security forces allegedly responsible for the armed assaults that form the basis of the claim.
The TSX is considered a specialized exchange for mining, and over 60% of the world’s mining companies are listed on the TSX and related exchanges.
Blawg Review #278
Blawg Review is a blog carnival that rotates to a different law site every week, usually emphasizing a specific theme. Last week’s review was by R. David Donoghue.
August 23 is the “International Day for the Remembrance of the Slave Trade and its Abolition,” established in 1997 by the United Nations Educational, Scientific and Cultural Organization (UNESCO) during the 29th session of the General Conference (Volume 1).
The purpose of the day is to examine:
- the historical study of the causes and workings of the transatlantic slave trade,
- the clarification of the consequences and interactions to which it gave rise, and
- the contribution of the project to the establishment of a culture of tolerance and peaceful coexistence between races and peoples.
This year UNESCO has developed a documentary for this day Slave Routes: A Global Vision.
A companion document has has been released with the film, and will be referred to periodically throughout this post.
The Causes and Workings of Transatlantic Slavery
The origins of the Transatlantic slave route go back to the Iberian wars, between the Christian and Muslim kingdoms of Spain and Portugal. Both sides engaged in the enslavement of captives of war. As Slave Routes notes, the institution of slavery existed well before the Transatlantic route, both internally within Africa and to the Near East. But something different began with the European enslavement of Africans from the 15th c. onwards.
The first known African slaves sold in markets of recognizable European states was in Lisbon, Portugal in 1441, obtained from what is now Mauritania. The Portuguese had good reason for attempting to circumvent the Atlas Mountains and raiding the West African coast. In 1086 a black African dynasty originating from this area known as Al-Murabitun (Almoravids in English) provided military support and temporarily halted the expanse of the Christians. Soon after, Pope Alexander II provided the papal standard (vexillum sancti Petri) and an indulgence to the Christians in the conflict in 1063, making it officially a holy war that would culminate centuries later in the Spanish Inquisition.
The motivation for European slavery of Africans was therefore initially military, as an extension of the Western Crusades known as La Reconquista, or the reconquest of the Iberian peninsula by the Christians. In reality this term was probably too broad and an exaggeration, as many of the diverse peoples in the Muslim kingdoms of Spain and Portugal included native Iberians who had adopted the Islamic faith.
A permanent Portuguese fort was established at Arguin in 1448, and the 1452 Dum Diversas papal bull of Pope Nicholas V specifically authorized Alfonso V of Portugal,
…full and free permission to invade, search out, capture, and subjugate the Saracens and pagans and any other unbelievers and enemies of Christ wherever they may be… and to reduce their persons to perpetual slavery.
This established the basis for a racialized slavery, hereby unknown to Africa or any region engaging in African slave trade. As the motivations for slavery shifted from military goals to economic incentives, sheer greed resulted in a complete and utter destruction of African civilization and society. This is what made the Transatlantic slavery exceptionally devastating and worthy of particular scrutiny.
Web resources on the subject are expanding, archiving historic documents for amateur historians looking to deepen their knowledge on the subject. J.L. Bell has a post on Boston 1775 announcing American Slavery Debate, a new database of primary source documents.
Marco Randazza thinks slavery would be a pretty good alternative to some judicial punishments out there.
In some ways we’re all a slave to something. Those of us starting out in our legal careers are often a slave to the billable hour, or a slave to making partner. Norm Pattis is eying some of the pro bono work big firms are doing and wondering if they can spare him a partnership. Ronda Muir gives some tips to young lawyers on how to be a better lawyer by improving specific behaviours. Social media might boost a career, but Adrian Dayton cautions on a guest post at Above the Law that it takes time and dedication to get true returns.
If we don’t make it seems like we’re all likely to move back in with our parents. Stephanie West-Allen discusses these millennials on IdeaLawg. Scott Greenfield just sort of bashes them. Jordan Furlong thinks law firms should pay more attention to a workplace trend:
…a daydream about the courage to quit a job that treats you with less respect than you deserve… As Daniel Gross explains in a Newsweek commentary, “the poor labour market and workers’ antagonism toward employers and customers are actually connected”
Slavery means different things to different people. James T. Harris quotes Alan Keyes, who describes the experience of slavery as a guarantee of shelter, clothing and a job. “Socialism,” and Obama, is a form of slavery, if you buy the Keyes line that government-dominated largess is an infringement on freedom. Blunt Politics gives us more black Republicans who claim that real freedom comes through independence from the state, which they liken to the slave plantation,
This is not the land of guarantee, it’s the land of opportunity… but when you say racism is the problem, you put the power for your future in someone else’s hand.
My take is that the modern descendants of slaves are more likely to find guaranteed food, shelter and clothing in prison. The U.S. has the highest incarceration rate in the world, and African-Americans are disproportionately affected for a variety of reasons. I always wonder why Keyes doesn’t talk more about that, because it seems like race is the problem. Or part of it, at least. If nothing else it makes confidence and belief in the system difficult for minorities in the U.S. Abdul Hakim-Shabazz has his own doubts about police on the Indiana Law Blog after the David Bisard case, where an intoxicated on-duty officer struck and killed a biker and somehow had the charges dropped.
Law enforcement is not always right. James Morton thinks Col. Patrick Parrish is wrong about Omar Khadr. Confessions are only valid if they are free and voluntary. Threats of gang rape in prison usually vitiate that consent.
Eric Lipman reminds us about Terry Nichols in prison, not notable for being African-American, but rather for his role in the Oklahoma City bombing. Seems he’s not too happy with his food in prison due to the lack of insoluble fibre which doesn’t give him regular bowel movements. Seems the judge doesn’t give a…
Consequences and Interactions of Transatlantic Slavery
The most immediate consequence of the Transatlantic slavery was the dominance of European powers in the world. Western civilization as we know it today would not be possible without the hundreds of years of free labour, and the continued exploitation of natural and human resources. Operation Black Vote said,
The UK reaped huge profits for the despicable trade financing the developments associated with the industrial revolution. Britain made unprecedented profits and benefited enormously for the bloody trade. The legacy of racism remains with us some 400 years later.
Transatlantic slavery also created a system of oppression that places people of European ancestry on a higher level in a hierarchy maintained by what Slave Routes refers to as europhilia, ethnophobia and endophobia. It resulted in a far greater polarization of cultures in the world, as those attempting to restructure this hierarchy or seeking independence through an anti-colonial stance invariably adopted a counter-European philosophy. We see this pattern not just across Africa, but all of the colonized world, including the Middle East, across Asia, and Latin America.
August 23 was selected by UNESCO because it corresponded with the Haitian revolution, a major landmark in the resistance against colonialism and slavery. Slave Routes points out,
In the United States, the North America historian, Herbert Aptheker, has estimated that approximately 250 acts of sedition in all were organized by Afro-Americans to free themselves from slavery during the history of that “particular institution” in that country.
These revolts existed throughout the Caribbean and the Americas, and were a far more compelling reason for abolitionism than any humanitarian or compassionate grounds. For more on the Haitian revolution and slave revolts, see Blawg Review #249.
Although the direct domination of the developed world by European powers has largely ceased, the exploitative relationship continues to this day and is a major source of civil unrest and political tensions in the world today.
I came across this poster the other day on Queen Street West stating that “Slavery wasn’t abolished in 1834,”
It’s an advertisement from The Body Shop, who have raised over a million dollars to fight sex trafficking through partnerships with ECPAT USA (End Child Prostitution and Trafficking) and The Somaly Mam Foundation. The greatest consumers of modern sex trafficking continues to be wealthy European and North American citizens.
The Morning Quickie shares a review of Not Natasha, a photo book documenting the lives of survivors of sexual slavery in Moldova.
The key thesis behind Siddarth Kara and Devin T Stewart’s Sex Trafficking: Inside the Business of Modern Slavery is not that different from the Transatlantic slavery,
…the enormity and pervasiveness of global sex trafficking is driven by the ability to generate immense profits at almost no real risk.
They suggest the most effective way to address the profitability of modern slavery is to elevate the risk.
Not For Sale | Cambodia from Not For Sale Campaign on Vimeo.
Michael Platzer of the U.N.’s Center for International Crime Prevention said,
…200 million people are victims of contemporary forms of slavery. Most aren’t prostitutes, of course, but children in sweatshops, domestic workers, migrants. During four centuries, 12 million people were believed to be involved in the slave trade between Africa and the New World. The 200 million — and many of course are women who are trafficked for sex — is a current figure. It’s happening now. Today.
The Not for Sale Campaign has a slavery map tracking incidents near you revealed largely through law enforcement. The campaign focuses on more than just sexual slavery, and in their 2010 “Stop Paying for Slavery Tour” uses supply chain monitoring programs and looks at various forms of exploitation and economic dependence that result in a de facto rather than de juris forms of slavery.
Or as Jason Mustian recently put it,
Ron Soodalter at the Huffington Post talks about The Slave Next Door, and reaffirms that slavery is alive and well today. He’s calling for California to pass the Transparency in Supply Chains Act. A Heart for Justice reviews the same book.
Bruce Reilly visits the Modern Slavery Museum focusing on agricultural workers. Actually, the museum visited him, because it’s on wheels,
Farmworkers in this country have been the most exploited group of folks since the Abolition in slavery in 1865. As one farm owner puts it, “Before, we used to own the workers. Now we just rent ‘em.”
Faces of Slavery from David Hepburn on Vimeo.
Those interested in learning more might want to attend the Global Forum on Human Trafficking in Yorba Linda, CA on Oct. 14-15, or a number of workshops being held in the UK by UCL.
My Fight Planet gives us an edited version of highlights from “Fight Traffic,” a Mixed Marital Arts (MMA) event raising funds to abolish slavery and human trafficking. Maybe we can do something like that over here, because MMA fights are coming to Ontario.
Not all sports are so philanthropic. Tom Kirkendall is following the Roger Clemens case. Meanwhile, Howard Wasserman is cheering speech at the Sports Law Blog. Lilian Edwards comments on the case of the anonymous star of BBC’s racing show Top Gear trying to reveal his true name to cash in on an autobiography. (Sorry, no hockey here this time).
A Culture of Tolerance and Peaceful Coexistence between Races and Peoples
Michael Lynk, one of my former profs at UWO and currently Associate Dean, has the 2009 Rand Memorial Lecture on SSRN, Labour Law and the New Inequality. The premise behind the paper is that poor labour practices that stem from global inequity leads to instability and civil strife, limiting both social capabilities economic potential of these communities. UNESCO is currently mobilizing a response for the Pakistan floods, an issue of global concern to avoid radicalization, militancy and religious extremism in the region.
An obvious prerequisite for the horrors of Transatlantic slavery was the development of racial ideology. Slave Routes notes one of the major obstacles to political independence in Latin America was persistent and divisive racial ideologies. The Human Genome Project and countless scientific studies in recent years indicate the biological impossibility of human “races,” yet the resurgence of eugenics around the world is quite disturbing.
But genes can be used in good ways too. The Innocence Project announces that after 30 years DNA evidence has proven a Virginia man is innocent of rape charges due to the pro bono work of lawyers at Wilmer Cutler Pickering Hale and Dorr LLP. Another recent exoneree, Michael Anthony Green, wants to become a paralegal to help others wrongfully accused.
Speaking of wrongfully accused, Christine Corcos reports that Wikileaks founder Julian Assange was charged in Sweden for rape and molestation charges. Not so quick though, seems those charges were dropped in a hurry. Other charges of espionage against Assange are contemplated by Kenneth Anderson, but Julian Ku on Opinio Juris says in true spy form that they have to catch him first.
The most effective approach to peaceful coexistence might simply be for people to get to know and understand each other, a variation of the contact hypothesis used in sociology. But sociologists know that contact alone is not enough.
Eugene Volokh thinks Islamophobia is not quite irrational, citing a Time article indicating 46% of Americans believe Islam is more likely to encourage violence than other religions. Maybe, after several centuries of slavery and colonialism justified through religious practices, to restore some balance or equilibrium in global power. But sometimes, as Simon Fodden points out on Slaw, patience can be just as effective in the face of intolerance.
Volokh does note however that the accommodation laws invoked by many American Muslims today were intended for all religions and have primarily benefited Christians. And although Islamophobia is not a typical form of racism, it does rely on classic Social Darwinism thought.
By the way, Obama is not a Muslim, even though his middle name is Hussein (Can we get over this already?).
Slave Routes rejects the premise that racism is based on xenophobia or ignorance,
Racism can be defined as a process of suppression of the human being, based on socially selected phenotypical traits. This system classifies people according to their external physical characteristics and establishes a hierarchy of groups. In the long run, one of those groups defined as the superior race and the others are placed in inferior positions on the scale. Racism, therefore, is not a product of ignorance, the result of fear or concern over the ‘other’ or a natural phenomenon. [emphasis added]
Racism is more than a word, according to Marco Randazza. One word by a Dr. Schlessinger is what a lot of people are talking about right now. I’ll let you guess the word, but Norm Pattis weighs in too. One of his readers doesn’t agree though,
That someone as smart as yourself would join the oh so ignorant and completely off base “young black men say nigga, why can’t an old white woman say nigger?” team I hope speaks only to a generational divide and a complete lack of understanding of the context in which nigga is used and that it is a different word than nigger.
Where we do typically see racism manifested today is with immigration. Kevin Johnson at the Immigration Prof Blog discusses the 14th Amendment, which gives citizenship to the children of immigrants born in the U.S. Instead of repealing it, the real solution he proposes is immigration reform. Daniel Cubias points out how difficult it is to repeal an Amendment, and the unlikelihood of it happening, while J.E. Robertson considers it an attack on all Americans. Hegemomy notes that repealing the 14th Amendment used to be the talk of the fringe-right, and calls it the rise of the “Old South.” They heavy-handed tactics used in places like Arizona inevitably spill over into the general population, as evidenced by a case presented to us by Scott Greenfield.
What is needed is for group to have meaningful interaction with each other in a shared space and common goals to overcome deeply ingrained stereotypes and prejudices. It’s very difficult to hate others when you have extensive and nuanced encounters with a group that demonstrate the diversity found within them. For example, Martha Minow raises concerns that charter schools in the U.S. have the potential to create self-segregation.
Maybe that’s what the opponents of a new community center in lower Manhattan are really afraid of, that others won’t harbour the same hatred and animosity towards other that they do. Originally Park51 was appropriately called Cordoba House, invoking the city in Spain that was once a Muslim capital of a flowering multicultural and multi-religious literary civilization, extinguished by the same movement that led to the Transatlantic slavery.
Or maybe, as Jon Stewart suggests, Fox News is a terrorist command center (see here in Canada). Randazza doesn’t have much to say about it, aside from invoking through Sam Seder bull-size helpings of Terry Nichols’ favorite prison past-time:
Daniel Luban just calls it “The New Anti-Semitism,”
While activists like Pam Geller have led the anti-mosque campaign and the broader demonization of Muslims that has accompanied it, leaders like Abe Foxman have acquiesced in it. In doing so they risk providing an ugly and ironic illustration of the extent of Jewish assimilation in 21st-century America. We know that Jews can grow up to be senators and Supreme Court justices. Let’s not also discover that they can grow up to incite a pogrom.
It was through Cordoba that toothpaste and under-arm deodorant were introduced to Western Europe, and where literary works were translated freely between Arabic, Hebrew, Latin and Greek. It was in Cordoba that the Golden Age of Judaism flourished, giving birth to rabbinic scholars such as Maimonides.
Despite being one of the most tolerant and inclusive societies on Earth today, and all the lofty constitutional and human rights ideals, the United States has yet to accomplish the same culture of tolerance and coexistence that once briefly existed – in Cordoba.
Perhaps that’s something though we can all aspire to in Park51, if we’re willing to open our minds to it.
—————–
Charon QC has his own little law review going on, and Jordan Furlong has six for the road. Next week’s Blawg Review is by Mirriam Seddiq, a criminal defence and immigration lawyer who posts on Not Guilty. Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.
Wikileaks exposes ‘unseen war’
Via Channel 4 News:
Secret Afghanistan files: revealed for the first time
The extraordinary leak made public by whistleblowers’ website Wikileaks has lifted the lid on more than 90,000 US military documents involving classified information direct from the battlefield in Afghanistan. It is the US army’s secret war diary – 200,000 pages of it – written by soldiers on the frontline.
The release of this set of documents have already been likened to the Pentagon Papers, which forecasted the demise of the Vietnam War, especially since it also demonstrates how the military has deliberately misled the public on many issues of the war including civilian casualties.
Chris Selley Slams Levant over Khadr
Chris Selley of the National Post gives Ezra Levant a pretty good thrashing over his recent op-ed over Omar Khadr:
In a column published in various Sun Media papers earlier this week, Ezra Levant presented “some facts about [Omar] Khadr.” The facts were as follows: (1) there are photographs of Mr. Khadr apparently doing bad things on behalf of Taliban insurgents; (2) Canadian lawyers seem to care a lot more about Mr. Khadr than they do about, say, Chinese-Canadian political prisoner Huseyin Celil; (3) Article 38 of the United Nations Convention on the Rights of the Child makes it “clear” that “15-year-olds are not child soldiers”; (4) Mr. Khadr wasn’t a soldier at all, as defined by the Geneva Conventions; and (5) “no one cared [about him] until the Conservatives were elected.”
Mr. Levant’s argument is quite ingenious. It’s almost like a living thing: You can throw a counterargument at it, but it’ll just bob and weave and emerge as a different argument. For example, you could point out that, unfortunately, he’s misread the UN’s intentions on child soldiers. Article 38 of the Convention only applies to “States Parties,” and the Taliban insurgency is quite obviously neither a state nor a party to the Convention. Any honest reader of the Optional Protocol to the Convention on the involvement of children in armed conflict would have to conclude it intends the term “child soldier” to apply to anyone under 18.
At which point, Mr. Levant could refer you to Fact No. 4: Mr. Khadr’s child soldier status is irrelevant, because he wasn’t a soldier at all — an opinion shared by notable international law expert Stephen Harper, incidentally, who opined last year that “to be a child soldier, you have to be in an army.”
But, you might then protest, look at Article 4 of the Optional Protocol: “Armed groups that are distinct from the armed forces of a State should not, under any circumstances, recruit or use in hostilities persons under the age of 18.” And look at the United States’ written declaration that it understands the term “armed groups” in Article 4 to mean “nongovernmental armed groups such as rebel groups, dissident armed forces, and other insurgent groups” — wording that clearly includes the gang Mr. Khadr was running with. And look here at Article 7, which commits States Parties to “the rehabilitation and social reintegration of persons who are victims of acts contrary [to the Protocol].” Clearly, you might argue, Omar Khadr was a child soldier as defined by both common sense and a United Nations document ratified by both Canada and the United States. And you’d be right.
Perhaps Levant should stick to bankrupting newspapers, instead of opining on international law.
What’s at Issue with Omar Khadr?
Lawrence Martin at The Globe:
At issue is not whether Mr. Khadr is innocent or guilty of killing an American medic during a firefight in Afghanistan in 2002. For argument’s sake, let’s say he’s guilty. Let’s say he knew what he was doing as a 15-year-old, that he had not been brainwashed since he was 8 by his al-Qaeda father. Let’s say that his action in the firefight was unprovoked, that prison-guard reports that he is well-behaved and salvageable are hogwash, and that he is basically rotten to the core.
Even if this were all true, any self-respecting society that believes in the principles of fundamental justice would not respond to his case the way Canada has. Omar Khadr has been held eight years without trial.
Naomi Klein on G20
“There has been a very powerful attack on freedom of expression in this country. A McCarthyite campaign against people who fall outside of the Harper government’s version of what we should be saying or doing.”
G20 Declaration
THE G-20 TORONTO SUMMIT
DECLARATION
June 26 – 27, 2010
Preamble
1. In Toronto, we held our first Summit of the G-20 in its new capacity as the premier forum for our international economic co-operation.
2. Building on our achievements in addressing the global economic crisis, we have agreed on the next steps we should take to ensure a full return to growth with quality jobs, to reform and strengthen financial systems, and to create strong, sustainable and balanced global growth.
3. Our efforts to date have borne good results. Unprecedented and globally co-ordinated fiscal and monetary stimulus is playing a major role in helping to restore private demand and lending. We are taking strong steps toward increasing the stability and strength of our financial systems. Significantly increased resources for international financial institutions are helping stabilize and address the impact of the crisis on the world’s most vulnerable. Ongoing governance and management reforms, which must be completed, will also enhance the effectiveness and relevance of these institutions. We have successfully maintained our strong commitment to resist protectionism.
4. But serious challenges remain. While growth is returning, the recovery is uneven and fragile, unemployment in many countries remains at unacceptable levels, and the social impact of the crisis is still widely felt. Strengthening the recovery is key. To sustain recovery, we need to follow through on delivering existing stimulus plans, while working to create the conditions for robust private demand. At the same time, recent events highlight the importance of sustainable public finances and the need for our countries to put in place credible, properly phased and growth-friendly plans to deliver fiscal sustainability, differentiated for and tailored to national circumstances. Those countries with serious fiscal challenges need to accelerate the pace of consolidation. This should be combined with efforts to rebalance global demand to help ensure global growth continues on a sustainable path. Further progress is also required on financial repair and reform to increase the transparency and strengthen the balance sheets of our financial institutions, and support credit availability and rapid growth, including in the real economy. We took new steps to build a better regulated and more resilient financial system that serves the needs of our citizens. There is also a pressing need to complete the reforms of the international financial institutions.
5. Recognizing the importance of achieving strong job growth and providing social protection to our citizens, particularly our most vulnerable, we welcome the recommendations of our Labour and Employment Ministers, who met in April 2010, and the training strategy prepared by the International Labour Organization (ILO) in collaboration with the Organization for Economic Co-operation and Development (OECD).
6. We are determined to be accountable for the commitments we have made, and have instructed our Ministers and officials to take all necessary steps to implement them fully within agreed timelines.
Guest Post: 5 of the most Difficult or Dangerous Countries to Visit
5 of the most Difficult or Dangerous Countries to Visit
While every traveler has their own unique motivation for visiting any part of the word, there are certain areas which no matter what the tourist appeal may be, are probably best avoided. While anytime you want to leave your homeland you’re most likely going to need a passport, several countries have additional requirements of entry. Some countries also carry conditions or costs for exit. In the case of these 5 nations, in addition to passports and visas, escorts, in some cases armed, may also be handy tools for travelers.
Democratic People’s Republic of Korea or North Korea
Travel Logistics: Up until January 2010, travel to the Democratic People’s Republic of Korea (DPRK) was severely restricted for US citizens, and remains difficult, though not impossible for citizens of many countries. As it stands, North Korea can only be visited through organized tours or with escorts. Foreigners are not allowed to roam freely or use local currency around the country. There is no embassy for North Korea in Canada or the US and only a United Nations head quarters in New York City. Most people wishing to travel to North Korea must obtain their Visas in another country, most often China. As a result of tensions between North and South Korea, most travelers will need to pass through China before entering the DPRK anyway, making a Chinese Visa a necessity as well. Although since the visit there is not wasted. In addition to the standard forms, Chinese visas are bound for expiration the moment they are issued, meaning that one must apply for one as close to their date of departure as possible. In order to get a DRPK Visa in China one must arrive at least a day early, and send the Visa application and passport information at least 5 weeks ahead of time.
Other considerations:
- The lack of a Canadian embassy in DRPK means that all Canadian travelers must instead seek assistance through the Swedish Embassy. Though, the Swedish embassy may not be able to offer much assistance in certain circumstances. The DRPK reserves the right to restrict consular access and little is known about the legal system in this nation.
- The lingering tensions between north and South Korea also pose challenges to a tourist. While the threat of attack is somewhat minimal, the activities of travelers may be highly monitored.
- Cellular phones are prohibited and will be confiscated if discovered. While computers may be allowed, internet access is not. Cameras are permitted but visitors may not take pictures of airports, train stations or government buildings.
- Only government sanctioned tours are allowed, and only to specifically sanctioned parts of the country. Politics remain a driving force in DRPK, making it necessary for any travelers to remain vigilant in their efforts to appear supportive of the Korean government. In fact, all tourist institutions are government owned making tourism dollars a source of government funding.
- Journalists are almost never granted Visas under any circumstances.
Democratic Republic of Congo
Travel Logistics: It takes some doing to visit the Democratic Republic of Congo (DRC). Visas for the DRC mandate an application filled out in triplicate, 3 photos and 3 letters. Those letters are: one letter of Employment, one letter of reference and one letter of invitation. An itinerary, proof of financial support and a yellow fever vaccination will also be required. In most case travelers will also need a multi-entry pass, which can cost upwards of $300. Aside from the legal papers being expensive; some travelers also report having been asked by security personnel to pay “special fees” upon entry. On the way out, travelers will also be obligated to pay a departure fee called the “Redevance de Développement des Infrastructures Aéroportuaires” without paying this and receiving the accompanying “Go Pass” one would not allowed to board their returning flight.
Other considerations:
- The general lawlessness in the DRC make this a highly unadvisable place to travel. A Canadian Embassy exists in Kinshasa but may be of limited assistance in some circumstances.
- Civil unrest among the country’s inhabitants combined with foreign interest in the DRC’s vast wealth of natural resources, have resulted in a country fraught with murder, rape, torture, kidnapping and war for the past few decades. Among these resources is Colton, a material used in mobile phones, computers and game consoles, the rapidly increasing demand for these products has only intensified the blood-shed in the DRC.
- Travelers may be exposed to random acts of violence or attacks at any time or place throughout the country even in “safer” areas such as Bukavu.
- Unannounced curfews, border closings and flight suspension may occur at any time.
- Multiple Humanitarian and Non Government Organization (NGO) workers have been victims of attacks, robbery extortion and sexual assault.
- Tourist facilities are limited and road travel can be difficult due to the lack of public transportation and established roads. On what remains of the roads, truck travel may be possible but impeded by fake “security personnel” attempting to extort money or valuables.
Afghanistan
Logistics: In order to travel to Afghanistan, any traveler will need a Visa. An Afghanistan Visa is procurable through the Embassy of Afghanistan in Ottawa and Toronto. While the turn around time and expense of this Visa is reasonable extensive documentation may be required. It may be necessary to present proof of residence, travel itinerary or employment upon return. 2 identical photos with explicit specifications are also necessary. Failing to obtain a Visa prior to entry will likely result in detention or deportation and attempts to enter this country with an Israeli visa or passport stamp will probably end in refusal. Air Entry is the only viable option for security reasons and because roadways into the country are considered dangerous.
Other Considerations:
- While Canada does have an embassy in Afghanistan, the Canadian recommends that citizens avoid all travel.
- All buildings and public area remain at risk for terrorist attacks representing extreme danger to all travelers.
- In addition to attacks, there are landmines throughout the country and the Taliban has identified kidnapping foreigners as a primary goal.
- In addition, health care facilities in Afghanistan are unsanitary, creating severe risk of infection. Medical Evacuation is highly unlikely and certain remote areas of the country may be outside of consular assistance.
Iraq
Logistics: Getting into Iraq my not be as impossible as entering this international war zone would seem. Visas can be obtained through Iraqi Embassies ahead of time, or like with the DRPK, entrance may be obtained from a neighboring country. The most popular places for border crossings are Turkey, Jordan and Iran, and producing an invitation for entry to Iraq may help expedite the process. Though at present time religious Visas are suspended, Iraqi visit Visas are remarkably inexpensive ranging from $30 – $100 for multiple entry Visas. Although, the wait times may be significant, and thorough documentation of identity must be presented. The logistical difficulty of visiting this country lies in the fact that all visitors must be cleared once they have arrived in Baghdad and entry may be denied even after a Visa has been issued. The length of stay is also an issue. Anyone staying in Iraq for more than 10 days must obtain a residency stamp, the procurement of which will require HIV test results in addition to other credentials. In order to leave Iraq visitors must also obtain an exit stamp.
Other considerations:
- Iraq is at present in a state of war with extremely dangerous, and life threatening activities occurring in most regions.
- Travel by road, particularly at night, can be extremely dangerous and Railway travel is discouraged.
- A strict curfew is imposed at midnight and curfews may be enforced at any given time throughout the day.
- Security escorts should accompany all travelers due to the extremely high risk of danger and the high number of civilian deaths as a result of random acts of violence.
Somalia
Logistics: While Visas are required for Somaliland and Puntland, visiting the majority of Somalia does not mandate obtaining a visa. Primarily because for the past 18 years Somalia has had a complete lack of government which has made the creation of an organized Visa issuing process nearly impossible. At present, the closest one can get to Somalia is Somaliland, and Visas to this small nation can only be obtained through the UK or Ethiopia. Even if one were to get into Somalia the sealed borders and frequent shutting down of the airport could prohibit departure. Here, a body guard, preferably armed, is more important than a Visa.
Other considerations:
- This is another nation that comes with strenuous advisories of avoidance. The complete lawlessness and lack of a governing body makes for a highly dangerous environment.
- Guerilla attacks, pirating, explosives, and gunfire can be expected at any time in all places. Here, residents harbor extremely anti-western sentiments, representing a particular danger to US and Canadian citizens.
- Foreigners here are frequently kidnapped or assassinated.
- Land travel is difficult because road conditions are dangerous and made even more so by the threat of landmines and flash floods.
- There is no consulate aid available to any Canadians within these borders.
Article provided by Canadian Pardons Service – For Canadians who need help obtaining US Entry Waivers. – CanadianPardons.ca
