Our Charter rights under threat?

Just in case you don't read this blog yourselves, I thought I'd share. thecourt.ca is run by Osgoode Hall students to keep track of what is happening with the Supreme Court of Canada - it's funky cool (well, for a law junkie).

This post is about section 24(2) of the Canadian Charter of Rights and Freedoms which is the one that protects us from illegal search and seizure - the procurement of evidence in court by means that violate our rights. The author, D. Silva, contends that a couple of recent rulings by the Ontario Court of Appeals totally negate 24(2) in cases where a gun was found.

I realize that there is a gun problem, and yes, it would be nice if something could be done about it. However, I'm not sure I'm ready to sacrifice my Charter rights in order to be 'safer'. Actually, I'm pretty positive about that.

Of course, I feel pretty much the same way about a lot of the 'security measures' put in place to combat terrorism. For me, it boils down to the question of security - and what that means. It seems that we are trying to create a society where everyone is always safe all the time. The image I get in my head is of a society of people in bubbles - totally protected but totally isolated and looking pretty stupid with no real freedom.

Here is my own personal version of security:

There is no way that the state is ever going to be able to protect me from every nutjob out there who wants to hurt me. If someone wants to kill people, they will find a way. Harm done to a person that way is a violation of their rights, no question, and needs to be dealt with by the justice system - but we will never have a totally safe society. You can't produce a society with no risk if people are to have any freedoms.

BUT when the risk to my personal rights and liberty is posed by the state itself and has been made a part of the system - now that's scary.

The willingness of citizens to give up their rights and freedoms because they are scared is the biggest threat to my sense of security.

Section 24

Enforcement

1. Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
2. Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Golden Compass banned in Halton Catholic Schools

Sigh. They even banned distribution of the Scholastic flyer that had an ad for the book.

Support Catholic school funding, support banning books. Fun. I'd like to point out once again that we are only committed to fund separate school up to Grade 9, Ontario continues the funding through high school voluntarily.

"Thursday, November 22, 2007 - 07:55 AM
By: 680News staff

Toronto - The Halton Catholic School Board has pulled a fantasy book off library shelves because of a complaint.

The Golden Compass was named the best children's book in the past 70 years by readers across the globe and has been made into a movie, opening Dec. 7, starring Nicole Kidman.

But its popularity didn't stop the school board from banning it.

Two other books in the trilogy by British author Philip Pullman have also been removed as a precaution.

Halton's Manager of Library Services said the complaint came after Pullman said in an interview that he's an atheist.

Principals have also been ordered not to distribute December Scholastic book flyers because The Golden Compass is available to order."

On Klees... from a friend

I just discovered that one of my dearest friends has a blog - and he never told me! Or he did and I wasn't listening. So I am totally outing him.

This post is interesting... apparently the funding proposal for faith-based schools is from our very own Frank Klees. Ahhh... the pride of Newmarket-Aurora.

{begin quote}

I’ve read an awful lot of commentaries wondering why on earth John Tory would ever have decided to make Faith-Based School Funding an issue in the upcoming election. On the surface it seems like a sure fire way to lose party support given, that the majority opinion of Ontarians are against the move. Well, it turns out that we have Oak Ridges MPP, Frank Klees to thank.

According to Susanna Kelley of TVO’s The Agenda Mr. Klees ambushed newly crowned PC leader John Tory with a meeting between himself and a group of Jewish supporters from Thornhill.

Suddenly, … the media message coming out of the conference was funding for faith-based schools, not at all what Tory and his supporters had originally planned.

Mr. Klees lobbied continually for this to become part of the party platform over the next two years.

If Newmarket-Aurora is looking for someone to be held accountable for this particular Conservative policy… Frenk Klees is your man.

Read the entire article “Frank Klees’ Ambush and Funding for Faith-Based Schools

{end quote}

--Vanessa

Tory... my two cents on religious school funding

I think it's possible that John Tory is trying to lose this election. Or that he has had some sort of seizure of conscience and is actually speaking his truth instead of trying to win the election. Wacky.

As for funding private religious schools, let me add my voice to the chorus that think it is a very bad idea and will do nothing to make Ontario and Canada a healthier and more inclusive nation. Here are my responses to the two main arguments that I've been hearing for religious school funding:

1. The argument that this will bring more students into the Ontario School System and ensure that they follow curriculum and can be inspected. Holey moley does this piss me off. What a load of bullshit (excuse my language). I can't believe that he hasn't been smacked down in public for making such an asinine statement. And every single one of those people who are arguing for private-religious-school funding ought to be ashamed of themselves. Let me make this very clear:

A school may not grant an Ontario Secondary School Diploma (OSSD) unless it is inspected and follows the Ontario curriculum. Students will not graduate with a diploma recognized by post-secondary institutions unless they are inspected.

I know this because I worked in a private school and we were inspected every... single... year.

2. The argument is that this will make the system *fair*.

My response is: Since when has what is *fair* determined what the government does or does not do? I agree it isn't fair but the deal with the Catholic schools was part of the very thorny negotiations to make this country come into being 140 years ago. It is a piece of endemic unfairness that is enshrined in the very fabric of our nation. It turns out that only schooling up to Grade 8 was part of the deal and it was only through the 1900s that the agreement was gradually expanded, not reaching OAC until 1984. Let's can this sucker.

To be truly *fair* we could hold a referendum, like Newfoundland did, and hopefully get rid of anything other than a secular school system with education in tolerance and world religions, ethics and critical thinking.

Religious education, if done at all, can be done at home, at church, and after school.

You all know I'm big on the UN, and Ontario has been censured for "discriminating against non-Catholics by funding Catholic separate schools, but not funding other separate schools."

I guess... in the end... I applaud John Tory for having the courage to bring up a difficult issue that should be addressed, I just come down on the opposite side.

On Tory... from a friend

My beloved friend sbd has issued her own little polemic and since she has said it with more conviction that I could myself (and first hand knowledge) I wanted to share (with her permission of course):

{begin quote}

23 September 2007

does this mean I'm going to have to vote Liberal?

Tory.

Seriously.

What the hell are you thinking with the 'funding for all private religious schools' bullshit?

(Obviously you have never seen the product of a private Christian school.*)

If parents are afraid that their children are not receiving the education they would like them to have, those same parents should take it upon themselves to join the PTA (or whatever it's called [what? my first's only in JK - I'm not really in the loop yet.]) and make a positive change in their local public school. (Added bonus: their children will see their parents actually making a difference in the world and possibly grow up not afraid to try to make a difference in their own world.)

Or (and here's a really revolutionary thought) perhaps they could, you know, model what they want their children to learn at home.

And if parents are concerned that their children are receiving an education that involves the teaching of 'evolution' or some other so-called anti-(evangelical) Christian viewpoint, perhaps those same parents could teach their children to be critical thinkers (some people would agree: a very handy little skill to have) by offering them the opportunity to read about other schools of thought and then discuss it around the dinner table.

And do you really think most Ontarians will be thrilled to have their tax dollars going to fund schools teaching young Muslims how to continue the 'Holy War'**?

*No doubt there are some good private Christian schools out there. No doubt. Sadly, I've never seen a student come out of a private Christian school who wasn't either a) terrified of anyone who wasn't a Christian or b) hell-bent.

** Hey, if I'm going to make sweeping generalizations about Christian schools ...

{end quote}

I love my friends.