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July 2011 e-bulletin

Happy Canada day!

This ebulletin offers an overview of some of our most recent work:  from religious indoctrination in school to ensuring proper and fair treatment of potential refugees, the CCLA continues to monitor the threats to civil liberties throughout Canada.

The past month also saw two important celebrations.

On June 16th, John McCamus who has been Chair of the Board of the CCLA for many years received an Honourary Degree from the Law Society of Upper Canada.  We were really pleased that John’s commitment to public service was so recognized.  He has been a source of inspiration, of wisdom and of encouragement for many of us and we extend our warmest congratulations.

On June 21st, on National Aboriginal Day, the CCLA held a Gala event that honoured 21 Canadians.  Read more below.   We wish you a good Canada day, a day to reflect on our democratic rights and responsibilities!

Best Wishes,

Nathalie Des Rosiers

General Counsel

In this issue:

Waterloo School Board Will Stop Handing Out Bibles

The CCLA is pleased to report that the Waterloo Region District School Board has agreed to stop the distribution  of Gideon Bibles to grade five students.  The CCLA appeared at a meeting of the school board on June 13, 2011 and delivered a deputation urging the Board to cease this practice and rescind its policy regarding distribution of non-instructional religious materials.  The policy and practice have been the subject of controversy for the last few years, and, in addition to several letters written by the CCLA, many parents and local community groups have expressed concerns about it.   After obtaining a legal opinion that recommended ceasing the practice, and noting the division that the issue caused in the community, the Board voted in favour of rescinding the practice.

The CCLA’s opinion is that it is inappropriate for a public school board to act as an agent for a religious organization or be used as a conduit for the transmission of a specific religious message.  The mission of the Gideons is one of proselytization and the version of the Bible distributed to students urges them to read it every day, and read it prayerfully.  In addition, while the school board’s policy allowed any religious group to seek permission to have its materials distributed to students (where their parents provide consent), the Gideons were the only group that had ever taken advantage of this policy.

The CCLA’s concerns about  Bible distribution stem from a freedom of religion and equality perspective.  Even though parental consent is required for students to receive a Bible, there may be peer pressure on students or a perception by parents and students that the school or board is endorsing one religious group over others.  For students from other  faiths, this may be experienced as a treatment denying them equal respect.

Finally,  our courts have repeatedly affirmed that the state should not engage in endorsement of a particular religious belief or group and that  freedom of religion also includes freedom from religion.  We are pleased that the Waterloo Region District School Board has done the right thing and will work to urge other school boards throughout Canada that engage in this practice to follow their lead.

One year after the G20
june 23rd poster
Click the image to watch the full video of the panel |Cliquez l’image pour voir la video

The month of June was abuzz with news, articles , interviews, events and kept advocates for accountability busy throughout.

The Canadian Civil Liberties Association denounces the failure of the police oversight mechanism to bring proper accountability for the policing at the G20.  “Our policing oversight system does not work , and it is particularly inefficient and inappropriate in the context of large policing malfunctions, mass civil rights violations such as occurred at the G20 last year.

Police forces co-operated to conduct the security but cannot co-operate to bring accountability,  police officers are not coming forward to be identified and a number of important questions are not addressed, such as why people who committed the property damage were not pursued and why instead the police brutal interventions were focused on peaceful protesters ”, says Nathalie Des Rosiers, General Counsel for the CCLA, “ After one year, it is very sad to see how little has been accomplished.”

Since last year, two reports dealing with the unconstitutional use of the Public Works Protection Act to expand police powers during the week.

The CCLA has advocated for a public inquiry into the policing as the only solution to respond accurately to the integrated policing exercise and to reflect the scale of civil rights violations.  With over 1105 were arrested, the G20 saw the largest mass arrests in Canadian peace time.  There were at least four instances of mass arrests, three violent disruptions of peaceful protests and the repeated use of unlawful techniques such as kettling, arbitrary searches and detentions.

The CCLA worked with several partner organizations to organize events to mark the anniversary of the G20, in order to make sure that the issues raised by what happened are not merely swept under the rug. We thank the Canadian Labour Congress, the Ontario Federation of Labour, the Canadian Federation of Students and the Council of Canadians for their tireless advocacy, as well as the many other organizations who endorsed and participated in the call to accountability. To read more about our response to Toronto Police Chief Bill Blair’s report and our recent analysis, please visit our website.

The Toronto Star's Bob Hepburn moderated the panel discussion on June 23rd

John Sewell, and Barb Byers from the CLC

Lawyers Meaghan Daniel and Clayton Ruby

Elder Garry Sault during the invocation at the rally

John Pruyn, whose artificial leg was ripped off by police last summer

Nathalie Des Rosiers speaking to the crowd

C-4 – Call to defeat this anti-refugee bill
The Canadian Civil Liberties Association is calling on Canadians to help defeat an unconstitutional anti-refugee bill in Parliament.  Under the terms of this proposed legislation (bill C-4), people seeking asylum from torture, death or persecution, upon arrival in Canada could have to be placed in mandatory detention, for up to twelve months. Even after their release and designation as a refugee, they would be denied travel documents for years, and denied family reunification.

Bill C-4’s official title suggests that it is intended to prevent human smuggling. But most of its provisions do punish not the smugglers, but the people who may have paid for passage on an unauthorized vessel.  As Canadians, we may disapprove in principle of such unlawful action – but would also likely do the same if we and our families faced deliberate shelling, torture, sexual violence or murder.  And in such circumstances, the kinds of provisions included in the bill will not deter people from fleeing to safety.

Moreover, the draconian provisions in the bill are not necessary, as our current legislation already allows for measures to ensure there are no security risks, and proper checks on people’s identity.

Bill C-4 is the government’s attempt to re-introduce the controversial bill C-49 that had failed in the last session of Parliament.  It is not surprising that this bill was unsuccessful in the last Parliament, due to resounding and unanimous objection from critics and all the opposition parties, including concerns that its measures are unfair, in violation of international law, and invalid under our own constitution.

On World Refugee Day, the Canadian Civil Liberties Association wrote a widely publicized op-ed, asking all Canadians to consider our long-standing dedication to humanitarian values and human rights, and to help defeat bill C-4 by writing to one’s MP, the prime minister and every other relevant government office – and let them know that bill C-4 does not belong in Canada.
CCLA asks you to please join this effort.

>>> Click here to read the World Refugee Day op-ed <<<

Celebrating Canada

On June 21st, CCLA hosted a gala event in the gardens of Campbell House in downtown Toronto. The event was an opportunity to raise funds for the Canadian Civil Liberties Education Trust, the research and education arm of the CCLA, and to honour individuals who have enriched our democracy and inspired Canadians through their work. Famous author and defender of freedom of expression Salman Rushdie even made a surprise appearance. We were honoured by his visit.

Two posthumous awards were given because CCLA wanted to celebrate the legacies of  Former Sask Premier Allan Blakeney, A Past Chair of the CCLA Board, for his wisdom in helping CCLA, and for his contribution to Canadian life and politics in Saskatchewan and throughout the nation.  Senator Keith Davey, who also passed away recently, was celebrated for his contribution to  freedom of  the press and to media law.
There were four categories of Awards: Arts, Public Engagement, Advocacy and Business because a society who cherishes its civil liberties needs the arts to denounce injustice and to give a voice to the ones who can’t speak. It also needs public figures who represent well the values of justice and fairness and who help the general public understand what is going on around them. It needs good advocates and business leaders who understand their social responsibilities.

The event was a success, and CCLA and CCLET would like to thank the sponsors that made it possible: McCarthy Tetrault LLP, Osler LLP, Torys LLP, Lerners, Fasken Martineau, Paliare Roland, Blakes, Stockwoods, Lenczner Slaght, CIBC, CAW, Canadian Labour Congress, Cineplex Media, Borden Ladner Gervais, Osgoode Hall, Dewart Gleason.

CCLA also thanks Hearth & Garden, Campbell House, Black Pixel Records, Canadian Bar Insurance Association, Civello, Labatt, Soho Metropolitan Hotel, Wayne Gretzky Estates, Umbra and Soapbox.

Below is the list of honourees, and a glimpse at a few photos from the event.

EXCELLENCE IN THE ARTS

Filmmaker Deepa Mehta and Salman Rushdie

Deepa Mehta (Award-Winning Filmmaker)

Niv Fichman (Award-Winning Filmmaker)

Sarah Polley (Award-winning Actress, Writer, Director)

Rohinton Mistry (Author, Winner of the Giller prize)

Nina Arsenault (Performer and Writer)

Joseph Boyden (Author, winner of the Giller prize)

Olympic medal winner Joannie Rochette and Guillaume Gfeller

EXCELLENCE IN PUBLIC ENGAGEMENT

Piya Chattopadhyay and Steve Paikin from TVO

Janice Stein (Director, Munk School of Global Affairs)

Steve Paikin (Anchor and Senior Editor, “The Agenda”)

Joannie Rochette (Olympic Medalist Figure Skater)

Marie Clarke Walker (Executive Vice-President,Canadian Labour Congress)

A. Alan Borovoy (CCLA General Counsel Emeritus)

Lawyer Marlys Edwardh

EXCELLENCE IN ADVOCACY

Earl Cherniak (Partner, Lerners LLP – One of Canada’s 25 most influential lawyers, 2010)

Roberta Jamieson (President and CEO, National Aboriginal Achievement Foundation)

Marlys Edwardh (Partner, Sack Goldblatt Mitchell LLP – One of Canada’s 25 most influential lawyers, 2010)

Lorne Waldman (Lorne Waldman & Associates LLP – One of Canada’s 25 most influential lawyers, 2010)

Alex Neve (Secretary-General, Amnesty International Canada)

Bea and Purdy Crawford O.C.

EXCELLENCE IN BUSINESS

Purdy Crawford (Counsel, Osler LLP – One of Canada’s 25 most influential lawyers, 2010)

Salah Bachir (President, Cineplex Media)

Tim Reid (President, Empire Club)

Special Recognition

Former Sask. Premier Allan Blakeney (1925-2011)

Senator Keith Davey (1926-2011)

>> Download a PDF copy of CCLA’s annual publication, Act for Freedom, featuring reflections by Celebrating Canada honourees on the meaning of democracy. <<