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December 9, 2020 - No. 11

December 10 -- International Human Rights Day

Respect for Human Rights --
The Starting Point of Any Society
Fit to Call Itself Democratic

The Right to Conscience Is a Matter of Creating a New
Society
- Pauline Easton

31st Anniversary of the Polytechnique Tragedy
End All Forms of Violence Against Women! - Women's Forum

Reinstate the Moratorium on Deportations!
Refugee Claimant Advocates Decry Federal Government Decision to Resume Deportations - Diane Johnston
Government's Inhuman Justifications for Resuming Deportations


December 10 -- International Human Rights Day

Respect for Human Rights -- The Starting Point of Any Society Fit to Call Itself Democratic

Canada claims to be a model of equality and respect for human rights despite its increasingly blatant abuse of human beings  within the country and internationally. Its practices are not only harmful to those directly impacted but reflect on the conscience of society as a whole. Take for example, the treatment of workers during the pandemic, as well as seniors in long-term care homes who are treated as dispensable, of homeless people where the police can raid their tents and makeshift shelters and burn their possessions with impunity as took place in Montreal this week, after the same thing was condemned in Vancouver this summer. They show the real blackheartedness of the rulers who make excuses for the current state of affairs and disassociate themselves by claiming it is another department which does not concern them. Statements about providing all First Nations reserves with potable water and safe housing are empty and non-judiciable. These rights are not recognized. Internationally, the enforcement of U.S. imperialist sanctions regimes are acts of war which lead to devastating humanitarian consequences for which the government takes no responsibility whatsoever.

As the anti-social offensive continues unabated, a great deal of legislation is passed which violates basic human rights. One does not hear the government raising a hue and cry about this -- it does not even recognize it.

On the contrary, its approach to everything it does is to pay the rich. It considers all those who fall victim to such a policy as less than human. Once this is the case, to speak of equality rights, minority rights, Indigenous rights, women's rights, the rights of the child or of the elderly or citizenship rights, privacy rights and all other rights, is just noise. No section of the population can be treated equally when discrimination by virtue of everyone's concrete reality is the rule.

Most importantly, the right to conscience, recognized in the Universal Declaration of Human Rights, is trampled in the mud as a matter of course when human beings are not put at the centre of a government's consideration. Ruling elites in the service of narrow private interests do all kinds of criminal things in the name of rights: "national unity," freedom of political opinion, the right of nations to exercise their sovereignty, peace, democracy, human rights. All kinds of balderdash is spoken about in order to turn truth on its head. This is an integral part of the crisis of credibility and legitimacy the so-called democratic governments are mired in.

The neo-liberal anti-social offensive has taken the society in a direction opposite to that required, one which recognizes the human rights of all people. Its premise is that, as a norm, only the claims of the tiny financial elite have any legitimacy.

Without addressing this problem, the celebration of International Human Rights Day will not contribute to the cause of human beings, let alone their rights.

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The Right to Conscience Is a Matter of
Creating a New Society

Today Canadians are generally quite worried about what is happening to societies all over the world, their own included. They are given the right to do, say and act in whatever way they want so long as it has no consequences on the rule which prevails over them. They can choose whatever they want to purchase. They can vote or not vote in any way they want. In this way, freedom is described as consumer choice on one hand, and political choice on the other. Nobody has to listen to anyone they don't want to listen to but, if they do something that the ruling class deems does not benefit the narrow private interest it enforces, they face what is called "the full force of the law."

In other words, a marked feature of the present situation is that governments which have no argument for the terrible things they are doing, speak about rights in the same fashion, as if they are abstractions without consequences.

How is it possible to live a dignified life when such a state of affairs exists?

A fierce battle is being waged between what is progressive, positive and healthy and what is retrogressive, negative and unhealthy. And Canadians have to set their orientation in life within these circumstances. They live in a world in which classes exist and, thus, conflict is certain to be found between the two ways and outlooks which give rise to conflicting views about practically everything.

Furthermore, in our society anarchy prevails in different fields, especially in the economy, which means that besides the policy of paying the rich come what may, everything else is left to chance. This includes how the younger generations are cared for and nurtured, as well as the elderly and those who require social assistance and how all other aspects of living are undertaken. What all of it reveals is that those in positions of power cannot justify their positions by sound logic and facts from life.

As a result, they find a rationale for doing what they do in the abstraction. "In Canada, any individual can do whatever she/he pleases," they say. As if this supplants a substantive discussion on what constitutes a democracy fit for the times and how rights are defined, this is used as the first and last word on the matter.

There is no evidence to back up this assertion. There can never be a society where an individual can do whatever she or he wishes, because the very existence of society imposes definite limitations on its members. We create our own society, but it isn't created according to our every wish. Nor can we say that we have no say whatsoever in its creation. Thus, the argument that an individual can do anything she or he wishes is either a mere abstraction, a profound detachment from life, a negative and unhealthy opinion or an impossibility.

Writing for the New Magazine in September 1987, a period when the conscience of society was based on arrangements of a social welfare state that were being pushed aside by the onset of neo-liberalism -- called neo-conservatism in those days -- the editor B. Paul wrote[1]:

"The right to conscience, to hold opinions, to advocate and to practice them is a fundamental right. And this right is not merely an idea, an intellectual exercise. Take, for example, a worker who is conscious of his conditions of life and advocates that the capitalist system must go. Why would he do such a thing? Because only in this way can he see his interests served and his future guaranteed. Such a worker instinctively gravitates towards socialism, while a capitalist would consider it a mortal sin even to think of overthrowing the capitalist system."

By law, the demand is enforced that all future citizens swear allegiance to Canadian institutions, that is, to the society which is constructed on the basis of a pay-the-rich economy and which belongs to the aggressive U.S. imperialist military alliance NATO. This is the Citizenship Act which only applies to permanent residents who want citizenship, not to born Canadians.

Born Canadians are, nonetheless, also treated as legitimate or illegitimate beings according to whether they support what are called Canadian values as represented by the so-called liberal democratic institutions. It shows that the government wants to preserve the pay-the-rich system and enforce the status quo while, at the same time, claiming that a person can believe whatever she or he wishes so long as she/he swears allegiance to "our way of life." B. Paul writes:

"The question of conscience is a question of science and civilization, of the well-being of the people, of freedom and progress, of the advance of society. It is not fortuitous, then, that only progressive people deal with the question of conscience in a sincere, open and honest manner. It is a broadly accepted view that freedom is the recognition of necessity. Can our conscience be independent of this?"

The Government of Canada takes a position on rights and human rights in particular, which clearly suggests that yes indeed, rights are an abstraction. Our consciousness of what constitutes a right must be framed by the anachronistic liberal democratic institutions. Ours is to merely repeat some version of what they tell us. If we fail to abide by this dictate, we are extremists of some sort and worthy of exclusion, defamation and civil death, in other words, we are criminalized.

B. Paul raised the following for consideration: "What is necessary now is that a new society be created which does not have the evils of capitalism. What kind of conscience is it that does not recognize this?"

This means that today, the clashes around the question of conscience, outlook and conduct in life are not only very fierce but have a sense of urgency. Everyone has to make up their minds about the direction society is to take and everyone has to take concrete actions which lead it in that direction.

This is also the case of the younger generation. Young people deeply feel the need to decide how to orient themselves. This preoccupation drives some to nihilism, fatalism and tragic consequences. It drives others to take up revolutionary positions. The same is the case with the workers, especially young workers, from coast to coast. It underscores the significance of the question of conscience.

While governments and establishment forces including media, universities, think tanks and spokespersons for all manner of business interests and social and charity organizations claim that in Canada the right to speak freely is protected, the most important issue here is the denial of the right to conscience. It is not possible to have the right to conscience when those who are the enemies of this right have such power.

Nobody can accuse the likes of Joe Biden, Justin Trudeau, Chrystia Freeland, Irwin Cotler or Jason Kenney of being men and women of conscience. This is not because they are reactionary politically, but because their very conception of the present-day world leaves the question of conscience in the Middle Ages. The question of conscience can never be reduced to the right to counterrevolution and reaction.

"Conscience and science, conscience and progress, conscience and revolution -- these have much in common," wrote B. Paul. "One cannot see one without the other. [...] Those who try to justify self-serving and self-destructive attitudes do so only at the cost of conscience. Having no conscience is tantamount to deliberately denying human values and civilization, to support blindness and inhuman behaviour," he added.

B. Paul pointed out that prejudice has nothing to do with conscience. "It so happens that because everyone is a product of society, they feel as if their views and conscience are well worked out and looked after. But conscience demands a fully conscious and wholly justified view on the basis of science and entirely in the interests of freedom and progress. Just because we have picked up some things spontaneously does not yet make us men and women of conscience. It does not matter how many times it is repeated, it will simply not wash. We stand for a very definite conscience. This definitiveness comes from the concern and needs of the people. Our conscience is neither vague nor fleeting and transitory. It is rooted in the very soil of the human advance to create a society where everything blind and backward becomes a thing of the past."

B. Paul stated the conclusion succinctly: "The right to conscience, then, is the question of creating a new society."

Note

1.  "On the Question of Conscience," B. Paul, The New Weekly Magazine, October 14, 1987.

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31st Anniversary of the Polytechnique Tragedy

End All Forms of Violence Against Women!

December 6, 2020 marked the 31st anniversary of the École Polytechnique massacre in Montreal, one of the most tragic events to have struck Quebec and Canadian society. On December 6, 1989, an individual opened fire on 28 people, killing 14 women and injuring 10 other women and four men, before committing suicide himself. At least four people have ended their lives as a result of this tragedy.

It is to the credit of women and their organizations that on this occasion they reiterate their demand for the elimination of all forms of violence against themselves and their children, as well as in all of the society. The 12 Days of Action Against Violence were launched in Quebec on November 25, International Day for the Elimination of Violence against Women, as well as the 16 Days of Action internationally from November 25 to December 10, International Human Rights Day. Despite the pandemic, virtual meetings on Facebook, vigils, book launches and other activities are taking place during this period to remember and examine the struggle within today's conditions.

Women's starting point is not the self-serving viewpoint of governments which feebly oppose violence against women by presenting it as a matter of behaviour, to better pursue with impunity their neo-liberal anti-social agenda of destruction and violence against society. They reject this hypocritical vision that permits the conditions which contribute to violence against women to continue. Women and progressive forces are waging a courageous and inspiring battle, demanding that the government assume its social responsibility towards them. In order to combat all forms of violence, it must guarantee their rights to security, housing, health care and education, including child care, along with all the necessary resources to combat all forms of violence. Women and the society have every right to demand a responsible society. As full-fledged members of the society and to fully participate in all spheres of life, women are fighting for the living conditions they deserve. This is all the more inspiring within the context of the COVID-19 pandemic, with all its imposed containment and isolation, and political, social, cultural and economic degeneration within society.

The organization of the 12 Days of Action in Quebec notes: "Months of a pandemic and weeks of quarantine in the Spring of 2020 have brought out violence that we thought was in the past. Other acts of violence have worsened, intensified, and transformed: Gender-based and sexual violence, but also the violence of not being seen or heard. The impact of this systemic violence is felt among all women, including among Aboriginal women, health workers, among national minority and immigrant women, among LGBTQ + people, among women with disabilities, among women confined, incarcerated, without status, sex workers, and among homeless women.

"As forms of violence multiply, the barriers to access to services are rising and have shown us how no right or form of protection should be taken for granted. And this systemic violence persists all the more insidiously as it grows in silence."

A Behavioural Problem, Says the Trudeau Government

Prime Minister Justin Trudeau and the Minister of Crown-Aboriginal Relations, Carolyn Bennett, stood up during the first week of December to spew out the worst absurdities and hypocritical statements about Indigenous women, so-called racialized national minority women, and the most vulnerable. The more they name and categorize women, the more they marginalize and dehumanize them. Minister Bennett called on Canadians to take action if we witness violence against women, to give time and money to non-governmental organizations working to end violence, saying that racialized women, LGBTQs, Indigenous women, etc. need us and are counting on us.

In her intervention, there is an "us" and a "them" and the role of the "us" is to help, to be aware of violence, to raise our voices, to give money and to become volunteers. As if women as a collective does not exist, nor the government's social responsibility to ensure the well-being of all.

For his part, Justin Trudeau reduced violence to a matter of misogynistic behaviour and said that women "should not have to be afraid to succeed, to be ambitious or to advocate for a better future. Gender equality is non-negotiable, now and forever."

The problem of equality is not an abstraction as the Prime Minister suggests. The reality is that those who govern are not equal to those who are the victims of their governments.

He spoke about violence during the pandemic: "It has been difficult for everyone, so imagine how much harder it has been for those who do not feel safe at home, but do not feel like they have anywhere else to go. It is a simple fact. Gender-based violence has been made worse by this pandemic. That is unacceptable." He announced a never-ending action plan on gender-based violence. "We are ready to do that [...] work alongside advocates, volunteers and all those who are fighting for change," he said. However, he made sure to keep silent about the violent and unsustainable working conditions facing women, including nurses, teachers, daycare workers and all women working in services, to name but a few, who are not included in his so-called national plan on gender-based violence.

He unabashedly spoke of the assault weapons lobby, saying "there is no place in our country for weapons designed to kill the largest number of people in the shortest amount of time." This, despite the fact that his government is actively involved in weapons and war procurement as well as the aggressive and military activities of NATO as a member. From November 20-22 in Halifax, for a 12th consecutive year, Canada hosted the Halifax International Security Forum, hosted by NATO and supported by the world's largest arms dealers and other private interests that demand increased military spending, intensified war preparations and control of all interests that oppose their own. In that forum, the enhancement of women's recruitment into the army and in so-called leading positions to deploy our youth as cannon fodder was discussed. Canadian foreign policy is a pro-war policy marked by interference, intrigues against Venezuela on the eve of the December 6 election, support for the repressive and corrupt government of Haiti, and refusal to condemn the repression in Chile. These are all "gestures or words" that permit the worst violence against women.

Women in the Forefront of the Struggle to Eliminate Violence
Against Themselves and Their Children

December 6, 2019. Commemoration in Montreal on the occasion of the 30th anniversary of the École Polytechnique tragedy, at Place du 6-décembre-1989.

Women's experience and struggles are light years away from government discourse, which no longer fools even the most gullible. For a long time now they've been speaking out in their marches, speeches, demonstrations, demands and petitions for the elimination of all forms of violence. They demand a change in the direction of the economy towards a pro-social direction that requires new arrangements and the renewal of institutions that no longer function and are blocking society's advance.

Women are fighting for decision-making power so as to humanize society. A process is in place which is blocking discussion in order to keep women at the mercy of governments which are depriving the people of decision-making power that would enable them to end all forms of violence and to exercise control over all issues of concern to them. Women require new arrangements when they call for massive investments in health care, education and social programs, women's rights organizations, shelters, as well as when they call for an end to the ongoing violence suffered by women, especially Indigenous women, thousands of whom have gone missing or have been murdered.

On this 31st anniversary of the Polytechnique tragedy, we pay tribute to the 14 young women who lost their lives: to Geneviève Bergeron, Hélène Colgan, Nathalie Croteau, Barbara Daigneault, Anne-Marie Edward, Maud Haviernick, Maryse Laganière, Maryse Leclair, Anne-Marie Lemay, Sonia Pelletier, Michèle Richard, Annie St-Arneault, Annie Turcotte and Barbara Klucznik-Widajewicz, to the missing or murdered Indigenous women and to the thousands of women and children who have been victims of violence in all its forms. We continue the struggle for its elimination!

(Photos: TML, A. Funduk.)

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Reinstate the Moratorium on Deportations!

Refugee Claimant Advocates Decry Federal Government Decision to Resume Deportations


November 21, 2020. Picket in Montreal for permanent resident status for all.

Advocates for failed refugee claimants and other non-status workers are condemning the Trudeau Liberal government's decision to resume the deportation of asylum seekers whose claims have been rejected, many of whom have been working in health care as well as other essential services during the COVID-19 pandemic. The Canada Border Services Agency (CBSA) informed immigration lawyers by email that the agency would resume deportations, on which there had been a moratorium since March 17, as of November 30.

A very restricted pan-Canadian special program, announced on August 14 by the federal and Quebec governments, which was to "provide a pathway to permanent residency for asylum claimants," has yet to see the light of day. The program only applies to nursing attendants and orderlies providing direct care to those infected with COVID-19, as long as they meet all the program's requirements. Even though the program was set up by the federal and Legault governments in response to broad public appreciation of these workers, it is the Legault government that will have the final word on who in Quebec gets accepted into the permanent residency program.

In a recent email to the media, a Quebec immigration department spokesperson stated that the program is expected to come into effect over the winter and that the details of how it will apply in Quebec will be announced "shortly."

Frantz André from the Action Committee on Non-Status Persons (CAPSS) says that the decision has only exacerbated the vulnerability of essential workers dubbed "guardian angels" by Quebec Premier François Legault. "So, we're starting [deportations] three weeks before Christmas, when the program and the details of the special program for asylum seeker orderlies have yet to be announced," he said, adding, "I call this criminal. This is not right!"

André also noted that the announcement of the resumption of removals has left many feeling fearful and unsure about whether they qualify for the special program. He went on to say that some of these workers who could have been eligible have given up and decided to leave Quebec and that others have contemplated suicide.

He says the deportation orders should be suspended until it becomes clear who is eligible for the program. In his opinion, all asylum seekers who have been in the country since the pandemic began deserve to stay. "I think they all have contributed, economically, to saving lives, and Canada is better thanks to these people," he said, adding that their contribution has shown that far from being a burden to Canada, they are a gift.

Wilner Cayo, President of Debout pour la dignité (Stand Up for Dignity) continued in the same vein, noting that the uncertainty is causing those who continue to work to ensure their survival "enormous anxiety."

Cayo also remarked that the forever elusive program fails to address the situation facing other essential workers, including security guards and cleaning staff in care homes, truck drivers working in food production, etc.

The head of the Quebec Association of Immigration Lawyers (AQAADI), Guillaume Cliche-Rivard, declared that the Canada Border Agency's announcement was "very bad news" and will only add to the anxieties of refugee claimants. "This means that people who were waiting and hoping for the regularization of their status, some through the program aimed at guardian angels, could be removed beforehand," he said. "These people play an important role in all sectors of our society. This includes such people as security agents who keep watch over our health care establishments or those who clean our CHSLDs [long-term care centres] who are not included in any [regularization] program, but who we cannot afford to lose."

In his opinion, just weeks before the holidays and right in the middle of this second wave of the pandemic, the time chosen to resume expulsions could not have been worse. "We are smack in the middle of an upsurge, with 1,400 cases per day. To suggest that we are in a position to let some of these people go seems completely absurd to me," he stressed. "The same government which is telling us not to go out and to avoid air travel is also telling us that it will be deporting people to their countries."

Guillaume Cliche-Rivard also remarked that the CBSA, under the responsibility of Public Safety Canada, has no specific information on a person being deported, such as what their job is. "The agency doesn't know what work these people do. Even if these procedures were suspended for certain people working in essential services, legally nothing prevents the expulsion of an orderly."

He called on the CBSA to immediately reinstate its moratorium on deportations.

"Given the pandemic, we're putting these people's health at risk by throwing them out," said Quebec immigration lawyer Stéphane Handfield. "This is a world pandemic. Why is the CBSA doing this now? It doesn't make sense."

For Marjorie Villefranche, Director General of la Maison d'Haïti and Co-Spokesperson of the Coalition for the Regularization of Status, the announcement comes as no surprise. "They choose a time when people will not be paying too much attention," she said. "That's what they usually do. It's just before Christmas and people are busy with other things," she added. "What this means is that people who are refugee claimants, the very people who could have had their status regularized, are at risk of being deported."

Villefranche is also concerned that persons who provided direct care to patients may be deported before the regularization program sees the light of day, along with some 5,000 rejected refugee claimants already in the country who could have been included in the special program if it had been expanded to cover all essential service workers.

(With files from Canadian Press, CBC News, CTV News, Le Devoir. Photos: TML, J4MW, OFL.)

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Government's Inhuman Justifications for
Resuming Deportations

At the very end of November, the Canada Border Services Agency (CBSA) began notifying immigration lawyers that as of November 30 it would resume deportations. The expulsions had been on hold since March 17.

CBSA Director of Enforcement Chris Lorenz sent an email indicating that following consultations with Health Canada and the Public Health Agency of Canada, removals were to begin once again. He added that deportees would be provided with non-medical masks, gloves and hand sanitizer during the trip.

"The decision was made taking into account the various global factors with respect to COVID-19, such as a gradual reopening of countries, the emergence of viable vaccination options, and coordinated strategies amongst countries and air transport companies to mitigate possible transmission," Lorenz wrote.

He also noted that the decision to halt most of the removals during the pandemic "was an exceptional measure that was not shared by the international community."

"The timely removal of failed claimants plays a crucial role in supporting the integrity of Canada's asylum system," the CBSA said in a statement, adding that it "has the legal obligation to remove individuals who have no legal right to stay in Canada as soon as possible."

The federal government has said it will continue to make exceptions for claimants from 14 countries where it claims their safety could be jeopardized.[1]

CBSA spokesperson Rebecca Purdy said that "the agency will not be removing those who may be eligible to qualify for permanent residency under the guardian angels public policy." The program, announced on August 14, has yet to be finalized. She added that the number of deportations will "continue to be significantly reduced for some time, and all individuals will continue to have access to all recourse they are entitled to under the law."

Officials from Immigration Minister Marco Mendicino's office also confirmed that those who may be admissible under the special program would not be deported. "We can guarantee that with regard to these people, there will be no removals" officials said, confirming that they are working in collaboration with the Ministry of Public Security, in charge of deportations. However, they added that they "cannot guarantee that security agents or cleaning women will not be deported."

Note

1. Afghanistan, Burundi, Central African Republic, Democratic Republic of the Congo, Gaza Strip, Haiti, Iraq, Libya, Mali, Somalia, South Sudan, Syria, Venezuela, Yemen.

(With files from CBC News, Radio-Canada, CTV News, Canadian Press)

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