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TRC head questions why Catholic Church didn’t sell property to compensate victims

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OTTAWA — The former head of the Truth and Reconciliation Commission says the argument Ottawa made in 2015 that the Catholic Church was unlikely to raise the money it promised to residential school survivors is “blatantly dishonest.”

Murray Sinclair, a former senator, also believes the current Liberal government should seek outside legal advice on the final agreement that released Catholic entities of their remaining financial obligations, including raising $25 million for survivors.

“I don’t think that Justice Canada has come out very well, not only in regard to this, but with regard to other matters, including the fact that it advocates so strongly against the interests of survivors,” he told The Canadian Press in an interview earlier this month.

“I think that relationship needs to be looked at more closely.”

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Documents released to The Canadian Press through an access-to-information request detail the reasons Ottawa decided not to appeal a 2015 court decision that ruled in favour of Catholic entities that were party to the historic Indian Residential Schools Settlement Agreement.

The 2006 agreement included a group of Catholic entities who signed on to provide financial compensation to residential school survivors, including by way of a $25-million fundraising campaign.

The matter ended up before a Saskatchewan judge, who in 2015 ruled the Catholic entities were free of their remaining obligations in exchange for a payment of $1.2 million.

By that time, the Catholic groups had raised less than $4 million of the $25 million promised, and the court decision allowed them to walk away without fulfilling the rest of the pledge.

Canada was in the middle of a federal election at the time, but internal briefing documents show that the Conservative government of then-prime minister Stephen Harper chose not to appeal.

The briefing notes contain a copy of the signed agreement Canada struck with the Catholic entities following the court ruling. It shows Canada agreed to “forever discharge” the Catholic groups from their financial obligations under the residential school settlement agreement.

The documents also show that one of the considerations officials weighed when deciding whether to appeal the court decision had been that they felt the chances of being able to compel the Catholic entities to meet the fundraising promise were “very low.”

“It’s blatantly dishonest,” Sinclair said in reaction.

He said Catholic entities own “considerable properties” across the country, which they could have disposed of to finance their fundraising campaign.

“That’s what they should have done.”

Crown-Indigenous Relations Minster Marc Miller said in a statement that he hasn’t sought further review of the 2015 release agreement. “Outside legal counsel was not sought, as after review, it was confirmed that there were no outstanding or unresolved questions about the legal parameters of the agreement.”

The Canadian Conference of Catholic Bishops, the national assembly representing Catholic leadership in the country, has acknowledged that the first fundraising campaign was a failure that sowed significant disappointment and anger among residential school survivors.

The conference was not a party in the initial settlement agreement.

Nonetheless, in fall 2021 it committed to undertake a new drive to contribute $30 million to reconciliation-related initiatives over five years.

The conference released a statement on Thursday that says 73 Catholic dioceses have committed to paying into the fund, which has been registered as a charity.

So far, $5.5 million has been raised in that campaign, the statement says.

More scrutiny has been applied to the steps the Catholic Church in Canada has taken to make amends to residential school survivors since last year.

That’s when First Nations across Western Canada began announcing that ground-penetrating radar technology had confirmed the presence of what are believed to be unmarked graves at the former sites of residential schools.

More than 150,000 Indigenous people were forced to attend the institutions, where many suffered physical and sexual abuse, as well as neglect and malnutrition. A majority were operated by the Catholic Church.

Friday marks the second National Day for Truth and Reconciliation to honour survivors of the system and the children who died.

This report by The Canadian Press was first published Sept. 29, 2022.

 

Stephanie Taylor, The Canadian Press

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Ontario Legislature keffiyeh ban remains, though Ford and opposition leaders ask for reversal – CBC.ca

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Keffiyehs remain banned in the Ontario Legislature after a unanimous consent motion that would have allowed the scarf to be worn failed to pass at Queen’s Park Thursday.

That vote, brought forth by NDP Leader Marit Stiles, failed despite Premier Doug Ford and the leaders of the province’s opposition parties all stating they want to see the ban overturned. Complete agreement from all MPPs is required for a motion like this to pass, and there were a smattering of “nos” after it was read into the record.

In an email on Wednesday, Speaker Ted Arnott said the legislature has previously restricted the wearing of clothing that is intended to make an “overt political statement” because it upholds a “standard practice of decorum.”

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“The Speaker cannot be aware of the meaning of every symbol or pattern but when items are drawn to my attention, there is a responsibility to respond. After extensive research, I concluded that the wearing of keffiyehs at the present time in our Assembly is intended to be a political statement. So, as Speaker, I cannot authorize the wearing of keffiyehs based on our longstanding conventions,” Arnott said in an email.

Speaking at Queen’s Park Thursday, Arnott said he would reconsider the ban with unanimous consent from MPPs.

“If the house believes that the wearing of the keffiyeh in this house, at the present time, is not a political statement, I would certainly and unequivocally accept the express will of the house with no ifs, ands or buts,” he said.

Keffiyehs are a commonly worn scarf among Arabs, but hold special significance to Palestinian people. They have been a frequent sight among pro-Palestinian protesters calling for an end to the violence in Gaza as the Israel-Hamas� war continues.

Premier calls for reversal

Ford said Thursday he’s hopeful Arnott will reverse the ban, but he didn’t say if he would instruct his caucus to support the NDP’s motion.

In a statement issued Wednesday, Ford said the decision was made by the speaker and nobody else.

“I do not support his decision as it needlessly divides the people of our province. I call on the speaker to reverse his decision immediately,” Ford said.

WATCH | Ford talks Keffiyeh ban: 

Ford says division over keffiyeh ‘not healthy’

12 hours ago

Duration 1:20

Ontario Premier Doug Ford reiterated Thursday that he does not support Speaker Ted Arnott banning keffiyehs in the Ontario Legislature because they are “intended to be a political statement,” as Arnott said in an email Wednesday.

PC Party MPP Robin Martin, who represents Eglinton–Lawrence, voted against the unanimous consent motion Thursday and told reporters she believes the speaker’s initial ruling was the correct one.

“We have to follow the rules of the legislature, otherwise we politicize the entire debate inside the legislature, and that’s not what it’s about. What it’s about is we come there and use our words to persuade, not items of clothing.”

When asked if she had defied a directive from the premier, Martin said, “It has nothing to do with the premier, it’s a decision of the speaker of the legislative assembly.”

Stiles told reporters Thursday she’s happy Ford is on her side on this issue, but added she is disappointed the motion didn’t pass.

“The premier needs to talk to his people and make sure they do the right thing,” she said.

Robin Martin answers questions from reporters.
PC Party MPP Robin Martin voted against a unanimous consent motion Thursday that would have overturned a ban on Keffiyehs at Queen’s Park. (Pelin Sidki/CBC)

Stiles first urged Arnott to reconsider the ban in an April 12 letter. She said concerns over the directive first surfaced after being flagged by members of her staff, however they have gained prominence after Sarah Jama, Independent MPP for Hamilton Centre, posted about the issue on X, formerly Twitter.

Jama was removed from the NDP caucus for her social media comments on the Israel-Hamas war shortly after Oct. 7. 

Jama has said she believes she was kicked out of the party because she called for a ceasefire in Gaza “too early” and because she called Israel an “apartheid state.”

Arnott told reporters Thursday that he began examining a ban on the Keffiyeh after one MPP made a complaint about another MPP, who he believes was Jama, who was wearing one.

Liberals also call for reversal

Ontario Liberal Leader Bonnie Crombie also called for a reversal of the ban on Wednesday night.

“Here in Ontario, we are home to a diverse group of people from so many backgrounds. This is a time when leaders should be looking for ways to bring people together, not to further divide us. I urge Speaker Arnott to immediately reconsider this move to ban the keffiyeh,” Crombie said.

WATCH | An explainer on the cultural significance of keffiyehs:  

Keffiyeh: How it became a symbol of the Palestinian people

4 months ago

Duration 3:08

Keffiyehs are a common garment across the Arab world, but they hold a special meaning in the Palestinian resistance movement.

Stiles said MPPs have worn kilts, kirpans, vyshyvankas and chubas in the legislature, saying such items of clothing not only have national and cultural associations, but have also been considered at times as “political symbols in need of suppression.”

She said Indigenous and non-Indigenous members have also dressed in traditional regalia and these items cannot be separated from their historical and political significance. 

“The wearing of these important cultural and national clothing items in our Assembly is something we should be proud of. It is part of the story of who we are as a province,” she said.

“Palestinians are part of that story, and the keffiyeh is a traditional clothing item that is significant not only to them but to many members of Arab and Muslim communities. That includes members of my staff who have been asked to remove their keffiyehs in order to come to work. This is unacceptable.”

Stiles added that House of Commons and other provincial legislatures allow the wearing of keffiyehs in their chambers and the ban makes Ontario an “outlier.”

Suppression of cultural symbols part of genocide: MPP

Jama said on X that the ban is “unsurprising” but “nonetheless concerning” in a country that has a legacy of colonialism. “Part of committing genocide is the forceful suppression of cultural identity and cultural symbols,” she said in part. 

Sarah Jama
Sarah Jama, Independent MPP for Hamilton Centre, is pictured here outside her office in the Ontario Legislature wearing a keffiyeh. (Sarah Jama/Twitter)

“Seeing those in power in this country at all levels of government, from federal all the way down to school boards, aid Israel’s colonial regime with these tactics in the oppression of Palestinian people proves that reconciliation is nothing but a word when spoken by state powers,” she said.

Amira Elghawaby, Canada’s Special Representative on Combatting Islamophobia, said on X that it is “deeply ironic” on that keffiyehs were banned in the Ontario legislature on the 42nd anniversary of Canada’s Charter of Rights and Freedoms.

“This is wrong and dangerous as we have already seen violence and exclusion impact Canadians, including Muslims of Palestinian descent, who choose to wear this traditional Palestinian clothing,” Elghawaby said.

Protesters who blocked a rail line in Toronto on Tuesday wear keffiyehs. The protest was organized by World Beyond War on April 16, 2024.
Protesters who blocked a rail line in Toronto on Tuesday are shown here wearing keffiyehs. The protest was organized by World Beyond War on April 16, 2024. (Evan Mitsui/CBC)

Arnott said the keffiyeh was not considered a “form of protest” in the legislature prior to statements and debates that happened in the House last fall.

“These items are not absolutes and are not judged in a vacuum,” he said.

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Best in Canada: Jets Beat Canucks to Finish Season as Top Canadian Club – The Hockey News

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Best in Canada: Jets Beat Canucks to Finish Season as Top Canadian Club  The Hockey News

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Health Canada sperm donation rules changing for gay men – CTV News

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Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.

The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.

The policy change would remove the current donor screening criteria, allowing men who have sex with men to legally donate sperm for the first time in more than 30 years, as part of the anonymous donation process.

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This update comes after CTV News first reported last year that a gay man was taking the federal government to court, challenging the constitutionality of the policy on the basis that it violates the right to equality in the Charter of Rights and Freedoms. 

According to an email Health Canada sent stakeholders informing them of the upcoming amendments to the federal directive, “sperm donors will instead be asked gender-neutral, sexual behaviour-based donor screening questions,” more in-line with the 2022 change made by Canadian Blood Services to its donation policy. 

However, instead of entirely eradicating restrictions for gay and bisexual men, lawyer Gregory Ko – whose client, Aziz M., brought the case – cautioned that Health Canada will continue to bar donations from those who have had new or multiple partners in the last three months, based on rules regarding anal sex. CTV News has agreed to protect the full identity of Aziz M. out of concerns for his privacy.

Ko said while the update is an important milestone, his client intends to maintain his challenge against the Health Canada directive, “and the continued discrimination contained in this latest revision.”

“Based on our understanding of the science, there is no scientific justification for screening criteria that continues to discriminate on the basis of sexual activity and sexual orientation, since the testing and quarantine protocols already in place allow sperm banks to detect relevant infections and exclude such donations,” Ko said.

Currently, a Health Canada directive prohibits gay and bisexual men from donating sperm to a sperm bank for general use, unless they’ve been abstinent for three months or are donating to someone they know.

For example, it stops any gay man who is sexually active from donating, even if they are in a long-term monogamous relationship.

Under the “Safety of Sperm and Ova Regulation,” sperm banks operating in Canada must deem these prospective donors “unsuitable,” despite all donations being subject to screening, testing and a six-month quarantine before they can be used.

While the directive does not mention transgender or non-binary donors, the policy also applies to individuals who may not identify as male but would be categorized as men under the directive.

It’s a blanket policy that the Toronto man bringing the lawsuit said made him feel like a “second-class citizen,” and goes to the heart of the many barriers that exist for LGBTQ2S+ Canadians looking to have children.

When CTV News first reported on the lawsuit, Health Canada and various federal ministers said they would be “exploring” a policy change, citing the progress made on blood donation rules.

The update comes following “the consultations held in August 2023 and January 2024,” according to Health Canada.

This is a breaking news story, more to come… 

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