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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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Motorcycle rider dead in crash that closed Highway 1 in Langley, B.C., for hours

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LANGLEY, B.C. – Police in Langley, B.C., say one person is dead in a crash between a car and a motorcycle on Highway 1 that shut down the route for hours.

Mounties say their initial investigation indicates both vehicles were travelling east when they collided shortly before 4:20 a.m. near 240 Street on the highway.

The motorcycle rider died from their injuries.

Highway 1 was closed for a long stretch through Langley for about 11 hours while police investigated.

RCMP say their integrated collision analysis reconstruction team went to the scene.

The Mounties are asking anyone who witnessed the crash or who may have dash-camera footage from the area to call them.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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‘She is dying’: Lawsuit asks Lake Winnipeg to be legally defined as a person

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WINNIPEG – A court has been asked to declare Lake Winnipeg a person with constitutional rights to life, liberty and security of person in a case that may go further than any other in trying to establish the rights of nature in Canada.

“It really is that simple,” said Grand Chief Jerry Daniels of the Manitoba Southern Chiefs’ Organization, which filed the suit Thursday in Court of King’s Bench in Winnipeg.

“The lake has its own rights. The lake is a living being.”

The argument is being used to help force the provincial government to conduct an environmental assessment of how Manitoba Hydro regulates lake levels for power generation. Those licences come up for renewal in August 2026, and the chiefs argue that the process under which those licences were granted was outdated and inadequate.

They quote Manitoba’s Clean Environment Commission, which said in 2015 that the licences were granted on the basis of poor science, poor consultation and poor public accountability.

Meanwhile, the statement of claim says “the (plaintiffs) describe the lake’s current state as being so sick that she is dying.”

It describes a long list of symptoms.

Fish species have disappeared, declined, migrated or become sick and inedible, the lawsuit says. Birds and wildlife including muskrat, beavers, duck, geese, eagles and gulls are vanishing from the lake’s wetlands.

Foods and traditional medicines — weekay, bulrush, cattail, sturgeon and wild rice — are getting harder to find, the document says, and algae blooms and E. coli bacteria levels have increased.

Invasive species including zebra mussels and spiny water fleas are now common, the document says.

“In Anishinaabemowin, the (plaintiffs) refer to the water in Lake Winnipeg as moowaakamiim (the water is full of feces) or wiinaagamin (the water is polluted, dirty and full of garbage),” the lawsuit says.

It blames many of the problems on Manitoba Hydro’s management of the lake waters to prevent it flushing itself clean every year.

“She is unable to go through her natural cleansing cycle and becomes stagnant and struggles to sustain other beings like animals, birds, fish, plants and people,” the document says.

The defendants, Manitoba Hydro and the provincial government, have not filed statements of defence. Both declined to comment on the lawsuit.

Daniels said it makes sense to consider the vast lake — one of the world’s largest — as alive.

“We’re living in an era of reconciliation, there’s huge changes in the mindsets of regular Canadians and science has caught up a lot in understanding. It’s not a huge stretch to understand the lake as a living entity.”

The idea has been around in western science since the 1970s. The Gaia hypothesis, which remains highly disputed, proposed the Earth is a single organism with its own feedback loops that regulate conditions and keep them favourable to life.

The courts already recognize non-human entities such as corporations as persons.

Personhood has also been claimed for two Canadian rivers.

Quebec’s Innu First Nation have claimed that status for the Magpie River, and the Athabasca Chipewyan First Nation in Alberta is seeking standing for the Athabasca River in regulatory hearings. The Magpie’s status hasn’t been tested in court and Alberta’s energy regulator has yet to rule on the Athabasca.

Matt Hulse, a lawyer who argued the Athabasca River should be treated as a person, noted the Manitoba lawsuit quotes the use of “everyone” in the Charter of Rights and Freedoms.

“The term ‘everyone’ isn’t defined, which could help (the chiefs),” he said.

But the Charter typically focuses on individual rights, Hulse added.

“What they’re asking for is substantive rights to be given to a lake. What does ‘liberty’ mean to a lake?

“Those kinds of cases require a bit of a paradigm shift. I think the Southern Chiefs Organization will face an uphill battle.”

Hulse said the Manitoba case goes further than any he’s aware of in seeking legal rights for a specific environment.

Daniels said he believes the courts and Canadians are ready to recognize humans are not separate from the world in which they live and that the law should recognize that.

“We need to understand our lakes and our environment as something we have to live in cohesion with.”

This report by The Canadian Press was first published Sept. 19, 2024.

— By Bob Weber in Edmonton



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MPs want Canadians tied to alleged Russian influencer op to testify at committee

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OTTAWA – MPs on the public safety and national security committee voted unanimously to launch an investigation into an alleged Russian ploy to dupe right-wing influencers into sowing division among Americans.

A U.S. indictment filed earlier this month charged two employees of RT, a Russian state-controlled media outlet, in a US$10-million scheme that purportedly used social media personalities to distribute content with Russian government messaging.

While not explicitly mentioned in court documents, the details match up with Tenet Media, founded by Canadian Lauren Chen and Liam Donovan, who is identified as her husband on social media.

The committee will invite Chen and Donovan to testify on the matter, as well as Lauren Southern, who is among the Tenet cast of personalities.

The motion, which was brought forward by Liberal MP Pam Damoff and passed on Thursday, also seeks to invite civil society representatives and disinformation experts on the matter.

Court documents allege the Russians created a fake investor who provided money to the social media company to hire the influencers, paying the founders significant fees, including through a company account in Canada.

The U.S. Justice Department doesn’t allege any wrongdoing by the influencers.

Following the indictment, YouTube removed several channels associated with Chen, including the Tenet Media channel.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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