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Reforms needed for transgender people to access justice: Canadian Bar Association

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OTTAWA — A new study says Canada’s justice system features “significant and pervasive” barriers for transgender people who encounter legal issues.

The Canadian Bar Association and the HIV & AIDS Legal Clinic Ontario found that transgender people are more likely to have coexisting legal issues and are less likely to interact with the justice system.

The study found that about seven out of 10 transgender people report having at least one issue that could be addressed by the system — such as issues with discrimination, medical treatment, employment, housing or debt — compared with a little less than half of the general adult population in Canada.

“As a corollary of that, often, the participants on our study were dealing with multiple legal problems at the same time,” said Julie James, an assistant professor at Toronto Metropolitan University.

The study is based on interviews with 182 transgender people who were surveyed over the course of three years.

People who took part said they are reluctant to seek legal help over fears of discrimination, inadequate services or a lack of accessible transgender-specific legal information.

“They reported often being told directly that they were being denied housing, shelter space, consumer services, police protection, health care, drug treatment and or employment because they are trans,” the report says.

More than 90 per cent of of the survey participants said they found the legal system served non-transgender people better than transgender people.

“It was really highlighted that coming to the legal system was absolutely their last resort,” James said.

“If they have come to the legal system, it was basically a matter of life and death for them and they were finding no other way to actually survive through what they were dealing with.”

The study found that people are often hesitant to interact with the justice system because of previous negative experiences or fears that they may be misgendered or disrespected in a public space.

James said the research also found that interacting with the justice system often had an emotional toll on the mental health and finances of transgender people.

“The impact of legal problems was pretty profound,” she said.

The report concludes that tinkering with policies and regulations is not enough and “systematic change” is needed, including on preventing harms in the first place.

It also calls for more education on transgender identities and more support for transgender legal professionals. It says law societies in Canada should mandate that practitioners receive at least three hours of training focused on equity and diversity.

Justice Minister David Lametti’s office said he is looking forward to reviewing the report and its recommendations.

“Minister Lametti continues to look at how the federal government can be of best support to those providing on the ground services to improve access to justice for 2SLGBTQI+ people,” spokesperson Diana Ebadi said in a statement.

Canadian Bar Association president Steeves Bujold said lawyers in Canada need to understand the needs of the transgender community to build back trust.

“Without trust, the justice system can’t work,” he said.

“It’s based solely on trust.”

An advisory group at the bar association that includes members of the transgender community is now reviewing the study’s findings, said Bujold.

“It will bring expertise. It will also bring legitimacy to the recommendations and the concrete actions we will be taking,” he said, adding he hopes the group will make its recommendations before his term as president ends in August.

The findings of the study weren’t a surprise for Gemma Hickey, an LGBTQ activist who advocated for and received one of Canada’s first non-binary passports — which allow Canadians to identify as neither male nor female on their travel documents.

Hickey said they have had to fight for their rights.

“I really feel that this analysis brings that to light for other people, perhaps, who don’t fully understand what it’s like to be part of a marginalized community.”

This report by The Canadian Press was first published Feb. 3, 2023.

 

David Fraser, The Canadian Press

 

 

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RCMP end latest N.B. search regarding teenage girl who went missing in 2021

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BATHURST, N.B. – RCMP in New Brunswick say a weekend ground search for evidence related to the disappearance of a teenage girl in 2021 didn’t reveal any new information.

In an emailed statement, the RCMP said 20 people participated in the search for evidence in the case of Madison Roy-Boudreau of Bathurst.

The release said the search occurred in the Middle River area, just south of the girl’s hometown.

Police have said the 14-year-old’s disappearance is being treated as a homicide investigation.

The RCMP said the search “did not reveal any new information regarding the circumstances of her disappearance.”

There are no plans for another search until police receive a tip or a lead pointing to a new search area.

This report by The Canadian Press was first published Oct. 21, 2024.

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Man Tasered after trespassing in Victoria school, forcing lockdown

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VICTORIA – A middle school in Victoria was forced into a lockdown after a man entered the building without permission, and police say they had to use a stun gun to make an arrest.

Victoria police say officers received multiple calls around noon on Monday of an unknown male entering Central Middle School, leading staff to set off emergency procedures that put the building under lockdown.

Police say its emergency response team arrived within minutes and found the suspect, who “appeared to be in a drug-induced state,” in the school’s library.

A statement from police says the suspect resisted arrest, and officers had to use a Taser to subdue the man.

He’s being held by police and has been assessed by emergency medical staff.

Police say the man was not armed and there were no continuing safety concerns for students and staff following the arrest.

This report by The Canadian Press was first published Oct. 21, 2024.

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B.C. Greens’ ex- leader Weaver thinks minority deal with NDP less likely than in 2017

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VANCOUVER – Former B.C. Green leader Andrew Weaver knows what it’s like to form a minority government with the NDP, but says such a deal to create the province’s next administration is less likely this time than seven years ago.

Weaver struck a power-sharing agreement that resulted in John Horgan’s NDP minority government in 2017, but said in an interview Monday there is now more animosity between the two parties.

Neither the NDP nor the B.C. Conservatives secured a majority in Saturday’s election, raising the prospect of a minority NDP government if Leader David Eby can get the support of two Green legislators.

Manual recounts in two ridings could also play an important role in the outcome, which will not be known for about a week.

Weaver, who is no longer a member of the Greens, endorsed a Conservative candidate in his home riding.

He said Eby would be in a better position to negotiate if Furstenau, who lost her seat, stepped aside as party leader.

“I think Mr. Eby would be able to have fresh discussions with fresh new faces around the table, (after) four years of political sniping … between Sonia and the NDP in the B.C. legislature,” he said.

He said Furstenau’s loss put the two elected Greens in an awkward position because parties “need the leader in the legislature.”

Furstenau could resign as leader or one of the elected Greens could step down and let her run in a byelection in their riding, he said.

“They need to resolve that issue sooner rather than later,” he said.

The Green victories went to Rob Botterell in Saanich North and the Islands and Jeremy Valeriote in West Vancouver-Sea to Sky.

Neither Botterell nor Valeriote have held seats in the legislature before, Weaver noted.

“It’s not like in 2017 when, you know, I had been in the (legislature) for four years already,” Weaver said, adding that “the learning curve is steep.”

Sanjay Jeram, chair of undergraduate studies in political science at Simon Fraser University, said he doesn’t think it’ll be an “easygoing relationship between (the NDP and Greens) this time around.”

“I don’t know if Eby and Furstenau have the same relationship — or the potential to have the same relationship — as Horgan and Weaver did,” he said. “I think their demands will be a little more strict and it’ll be a little more of a cold alliance than it was in 2017 if they do form an alliance.”

Horgan and Weaver shook hands on a confidence-and-supply agreement before attending a rugby match, where they were spotted sitting together before the deal became public knowledge.

Eby said in his election-night speech that he had already reached out to Furstenau and suggested common “progressive values” between their parties.

Furstenau said in her concession speech that her party was poised to play a “pivotal role” in the legislature.

Botterell said in an election-night interview that he was “totally supportive of Sonia” and he would “do everything I can to support her and the path forward that she chooses to take because that’s her decision.”

The Green Party of Canada issued a news release Monday, congratulating the candidates on their victories, noting Valeriote’s win is the first time that a Green MLA has been elected outside of Vancouver Island.

“Now, like all British Columbians we await the final seat count to know which party will have the best chance to form government. Let’s hope that the Green caucus has a pivotal role,” the release said, echoing Furstenau’s turn of phrase.

The final results of the election won’t be known until at least next week.

Elections BC says manual recounts will be held on Oct. 26 to 28 in two ridings where NDP candidates led B.C. Conservatives by fewer than 100 votes after the initial count ended on Sunday.

The outcomes in Surrey City Centre and Juan de Fuca-Malahat could determine who forms government.

The election’s initial results have the NDP elected or leading in 46 ridings, and the B.C. Conservatives in 45, both short of the 47 majority mark in B.C.’s 93-seat legislature.

If the Conservatives win both of the recount ridings and win all other ridings where they lead, Rustad will win with a one-seat majority.

If the NDP holds onto at least one of the ridings where there are recounts, wins the other races it leads, and strikes a deal with the Greens, they would have enough numbers to form a minority government.

But another election could also be on the cards, since the winner will have to nominate a Speaker, reducing the government’s numbers in the legislature by one vote.

Elections BC says it will also be counting about 49,000 absentee and mail-in ballots from Oct. 26 to 28.

The NDP went into the election with 55 ridings, representing a comfortable majority in what was then an 87-seat legislature.

Jeram, with Simon Fraser University, said though the counts aren’t finalized, the Conservatives were the big winners in the election.

“They weren’t really a not much of a formal party until not that long ago, and to go from two per cent of the vote to winning 45 or more seats in the B.C. provincial election is just incredible,” he said in an interview Monday.

Jeram said people had expected Eby to call an election after he took over from John Horgan in 2022, and if he had, he doesn’t think there would have been the same result.

He said the B.C. Conservative’s popularity grew as a result of the decision of the BC Liberals to rebrand as BC United and later drop out.

“Had Eby called an election before that really shook out, and maybe especially before (Pierre) Poilievre, kind of really had the wind in his sails and started to grow, I think he could have won the majority for sure.”

He said he wasn’t surprised by the results of the election, saying polls were fairly accurate.

“Ultimately, it really was a result that we saw coming for a while, since the moment that BC United withdrew and put their support behind the conservatives, I think this was the outcome that was expected.”

— With files from Darryl Greer

This report by The Canadian Press was first published Oct. 21, 2024.

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