Tag Archives: politics

The Conscience Chronicles

UPDATE: As this was being readied for posting, the Standing Committee on Private Bills and Private Members’ Public Bills voted to recommend that Bill 207 not move forward in its current form, meaning that the bill will not be proceeding to the floor. I have elected to post this anyway, given the possibility that the proposal might be resurrected and amended at a later date.

At a first casual glance, the stated premise of Alberta’s Bill 207, Conscience Rights (Health Care Providers) Protection Act, might sound reasonable: most people wouldn’t expect medical professionals who object to procedures like abortion to be required to perform them.

In practice, Alberta’s College of Physicians and Surgeons already allows medical professionals to opt out of medical procedures that they have a religious objection to (a status quo that is at times problematic), so long as they provide any referral or direction to comprehensive information needed, ensuring that their patient still receives care in a timely manner. Bill 207 removes the obligation to refer and / or ensure patient care — using the reasoning that providing a referral is sort of like participating in the procedure. Regardless of any urgency or medical appropriateness of care in any given situation, this change allows refusals to increase the time delay to accessing care (regardless of any urgency), put the burden of medical care back on the patient, and be a kind of barrier and discouragement, if not more. Indeed, it can be like making someone start over from scratch. Proponents of the bill say that because medical care is still available elsewhere, it isn’t really being denied, which is technically true… but the time, emotional and informational barriers cannot be discounted.

But while those advancing the bill claim it is only codifying that status quo in law, there are more things that Bill 207 does, many of which have received little attention by media.

The bill extends conscience rights to health care organizations, as well. While religious care organizations have already asserted conscience objections in many ways already, this codifies it in law. It also allows organizations to assert their conscience-based decisions over those of their facilities, staff and resources. By way of example, Covenant Health (Canada’s largest Catholic health care provider) owns 16 health care facilities throughout the province, including two major hospitals in Edmonton; its affiliate Covenant Care owns another seven assisted living and long-term care facilities. In some rural areas of Alberta, all or most facilities are religious-owned.

In short, this moves Alberta down a landscape in which anyone in the chain of service provision — from facility administration to lab technician and pharmacist — can create a roadblock to services, without consequence. This becomes even more concerning when one realizes the potential for administrative staff, clergy or even outside groups to apply pressure to doctors and clinics to deny services that they might not otherwise have initially had objections to.

In fact, by the text of the law, it is left entirely up to the health care provider or religious health care organization to determine if their conscientious beliefs would be infringed, and there really is no appeal process to see if there is some agreeable compromise. No record is kept, leaving no way to follow up to ascertain if the patient has ever received the care they needed or sought. Gathering statistics about patients denied care in order to inspect what consequences the law has had becomes impossible, as demonstrated elsewhere.

By the text of the law, if a regulatory body receives a complaint about denial of care having to do with conscience, the complaint must be discarded (there is a caveat that complaints or portions thereof that are not conscience-related are not discarded). They are not allowed to investigate or question the decision:

5(1)  On receiving a complaint in accordance with section 55(1) of the Health Professions Act, the subject matter of which is a health care provider’s decision not to provide a health care service based on their conscientious beliefs, the complaints director for the regulatory body that received the complaint must immediately

(a) dismiss the complaint, and

(b) provide notice of the dismissal to the complainant.

It also specifies that by law, “a health care provider’s decision to not provide a health care service based on their conscientious beliefs is not to be considered as unprofessional conduct,” and providers and / or organizations are immediately shielded from legal liability.

There is also an amendment to Section 7(1) of the Alberta Human Rights Act, to immediately shield any employee from termination or discrimination based on their conscientious beliefs. This amendment is not restricted in any way to the medical profession, and could conceivably provide a shield for harassment and abuse of one’s co-workers or customers because of one’s religious or conscientious beliefs.

The bill’s proponent, MLA Dan Williams, has promised a number of amendments to Bill 207, but in those proposed changes, none of these points is substantively changed. One of his proposals — to restore a duty to assist “if not providing the health care service would result in an imminent risk of death” — isn’t altogether reassuring about the thought that was put into the bill in the first place… but even with that change, there is no clarification on whether or how the legal shield and barriers to reporting and investigation might be changed in the event of a patient’s death (especially in cases in which it was not thought that there would be an “imminent risk”).

There are many hypothetical situations that one can suggest could arise as a result of this legislation. But this is not uncharted territory. It is very easy to look at places where “conscience” exemptions have been implemented or attempted — or where medical personnel or organizations have attempted to assert their conscience rights — and see how it has affected medical care for patients.

“I was nervous and excited about the consult for my first intrauterine device (IUD) at MedStar Georgetown University Hospital. After a brief conversation, Dr. Case (a pseudonym) asked me to get off the exam table and follow her to her office for a ‘chat.’ But in her office, when the door was safely shut, my excitement slowly started to fade. ‘Well, first things first, this is a Catholic hospital,’ she said in a mock whisper…”

Evann Normandin, writing at Rewire this past May, described what happened to her when hospital policy prevented her from getting an IUD. She left with a referral… and shaming. Although referrals don’t come with the added expense of multiple visits in Alberta, like south of the border, the expense of time and transportation remain, and can pale in comparison to the emotional cost of the refusal itself:

“… On my way out of the labyrinthian building, I scrunched up the unofficial paper in my hand. The ripped edges felt sharp against my skin. In the Uber ride home, after paying transportation to and from my apartment to a world-class hospital and forking over a $50 copay for unsolicited advice about my vagina, I cried…”

At Huffington Post, Ace Ratcliff described her fight with doctors over her need for a hysterectomy:

“My illness’ severity [hypermobile Ehlers-Danlos syndrome] led me to the conclusion early on that childbirth would irreparably damage my already broken body and would never be the right choice for me. My joints dislocate painfully and at random. I have difficulty swallowing food. I bruise like an overripe peach. I faint if I have to stand for too long. Wounds take much longer to heal on me than on a normal human.

“… Somehow, my personal autonomy, my health and my comfort didn’t rate high enough to outrank the desires of my future, then-nonexistent partner. And nothing I said could change my doctors’ minds [about a surgical hysterectomy], not the stories about my frequently dislocating hips, my mom’s complicated pregnancies or the increased rate of miscarriage and preterm labor for EDS patients…”

In another instance, the hospital’s policies would have allowed the removal of a dislodged IUD, but the doctor thought the policies wouldn’t, and refused care. The patient was sent home, limited in her options by her insurance company (not applicable in Alberta, but limits on options can occur because of other factors, such as rural accessibility), and she ultimately had to file suit:

“Her doctor confirmed the IUD was dislodged and had to be removed. But the doctor said she would be unable to remove the IUD, citing Catholic restrictions followed by Mercy Hospital and Medical Center and providers within its system.

“… It felt heartbreaking,” Jones told Rewire. “It felt like they were telling me that I had done something wrong, that I had made a mistake and therefore they were not going to help me; that they stigmatized me, saying that I was doing something wrong, when I’m not doing anything wrong. I’m doing something that’s well within my legal rights…”

Something that Bill 207 does not address at all is any duty of physicians to discuss every option available to a patient. If referring is equated to participating in an objected-to procedure or medication, then one might tacitly assume that providing comprehensive information on that procedure or medication can be denied. Withholding medical information can have serious consequences:

“… a woman was traveling across the Midwest when she developed abdominal pain. She and her husband went to the nearest hospital, where she was diagnosed with a potentially fatal ectopic pregnancy. The doctors recommended immediate surgery to remove the fallopian tube containing the misplaced embryo, a procedure that would reduce by half her future chances of conceiving a child. They failed to mention that a simple injection of Methotrexate could solve the problem, leaving her fertility intact. (In fact, at a secular hospital she found on her smart phone, it subsequently did.) Why the omission? The Catholic hospital where she got diagnosed was subject to the “Ethical and Religious Directives” of the Catholic bishops, which state, “In case of extrauterine pregnancy, no intervention is morally licit which constitutes a direct abortion…'”

In fact, denial of comprehensive information is a recurring issue when medical conscience exemptions are asserted.

Of course, some of these examples focus on the emotional impact, but that doesn’t mean that there aren’t serious physical consequences potentially at stake:

“After about 10 hours, the patient’s temperature soared to 102 or 103 degrees, Ralph recalled in an interview with Rewire in June, a few months after the incident. Ralph and her team gave the patient medication to induce labor. But Ralph could not administer mifepristone, which the American College of Obstetricians and Gynecologists (ACOG) considers part of the most effective drug regimen for such cases. The Catholic hospital didn’t carry the drug, which is commonly used for medication abortions—a failure Ralph believes was religiously motivated and needlessly prolonged her patient’s labor.

“… For more than 24 hours, the patient labored through painful contractions. She bled heavily, requiring at least one blood transfusion. Her lips and face lost their color. Finally, she delivered a fetus that had no hope of survival…”

The full extent of Bill 207’s reach isn’t understood either, until you realize that “medical provider” covers a wide range, as noted in an Edmonton Journal editorial:

“The list is long and includes emergency, primary and critical care paramedics; midwives, chiropractors, podiatrists, psychologists and psychiatrists; lab, respiratory, ultrasound and X-ray technologists; pharmacists, physiotherapists and physical therapists; opticians and optometrists; dieticians and nutritionists; anesthesiologists, surgeons, and social workers; audiologists, dental professionals and speech-language pathologists…”

The inclusion of pharmacists in that list raises the question about access to birth control, an issue that has already surfaced in Alberta and elsewhere in Canada:

“Joan Chand’oiseau of Calgary recently posted a photo on Facebook of a sign on her physician’s office door that read, ‘Please be informed that the physician on duty today will not prescribe the birth control pill…’”

It also raises questions about access to hormone therapy for trans patients, or the possibility of throwing in a bit of public humiliation for good measure:

“‘Sir, we canceled your prescription because we couldn’t figure out why a man would need female hormones,’ said the voice. ‘You’ll have to have your doctor call us to confirm this is correct because it doesn’t make any sense…'”

Indeed, trans health is just as likely to be impacted as reproductive health, and doesn’t even have to be about transition-related medical concerns. Trans people regularly report what they’ve nicknamed ‘Trans Broken Arm Syndrome‘ — that is, the refusal of care for basic health services just because they’re trans. And it does indeed happen in Canada:

“According to the College of Physicians and Surgeons of Saskatchewan’s charge of unprofessional conduct and the penalty presentation, the incident took place on Jan. 5, 2016, when Anderson saw a patient for “reasons related to bronchitis” — something completely unrelated to the patient’s transition to male from female.”According to the documents, the disciplinary hearing committee found it ‘probable’ that Anderson ‘launched into an unsolicited running commentary’ regarding transitioning. Anderson made statements ‘which were insensitive and unrelated to the reasons for which the patient requested your medical services,’ according to the charges against Anderson…”

It should also be asked what conscience protections might do to protect the still-persistent practices of reparative therapy in Alberta (albeit with coded language). But that aside, denial of basic care is something that all LGBTQ+ people have had to worry about, sometimes even with lethal effect in situations that didn’t initially seem to pose an “imminent risk”:

“Refusing to treat patients can be be deadly, as was the case in 1995, when Tyra Hunter, a transgender woman, lost her life after emergency medical technicians refused to assist her at the scene of a car accident. According to the Center for American Progress, had Hunter received care, her chances of surviving were 86 percent — she should have lived…”

Medical assistance in dying is another area in which medical access is an issue, and in this instance, access is even more seriously limited. It is estimated that the aforementioned Covenant Health (and affiliates) oversee up to 90% of the long-term care beds in parts of Alberta, and regardless of whether long-term care patients are healthy enough to be moved, doing so is sometimes necessary just have questions answered, because of facility policies:

“Covenant Health stated in May of 2016 that it has an ‘ethical and moral opposition to medical assistance in dying’ and that the organization’s ‘unequivocal position to not provide or explicitly refer’ must be recognized. Functionally, this means that any assessment of capacity, any answering of technical questions, and the act of assistance in dying itself would require a transfer away from a Covenant facility.

“… The case of Ian Shearer, an 84-year-old Calgary man living in Vancouver with palliative heart and kidney disease and severe chronic pain, brought attention to how transfers can do harm. Shearer was denied a request for medical assistance in dying from St. Paul’s Hospital, a Catholic facility near where he lived and where he’d been admitted for care. On the day he chose to die, his ambulance was delayed three hours and his medications were withheld to allow him to confirm consent. The ordeal, last August, was described by his daughter as ‘unnecessary… excruciating suffering…'”

Obviously, the out-of-province and out-of-country examples won’t exactly mirror what would happen in Alberta, because of circumstantial differences in things like medical coverage, but what this demonstrates is the extent to which individuals might be willing to abuse a conscience protection, and the twists of logic involved. From the firing of doctors for not adhering to an organization’s conscience policies, to the chilling effect on medical care caused by activism from anti-abortion groups against clinics just for hiring doctors who’ve performed abortions elsewhere in the past, to medical residents who openly vowed to give the wrong medications to specific groups of people, to some some truly backwards beliefs about medical interventions…

“Throughout the conference’s diverse and highly academic presentations, one discernible theme emerged, namely, that “brain death” has been invented to harvest viable organs from still-living people. Only when a person’s heart stops beating and their breathing ceases for a determinate amount of time can it be said that death has truly occurred…”

… the politics surrounding medical conscience exemptions raises a broad range of concerns.

It is likely that Alberta’s Bill 207 would not survive a legal challenge. Indeed, the same day that the bill was introduced in the Alberta Legislature, a similar policy was overturned in the U.S. Likewise, a ruling in Ontario last May affirmed patients’ rights to referrals when care is denied.

But getting there could be another long, legally costly process, with very real human collateral damage caused along the way.

Photo: Adobe Stock

(crossposted to rabble.ca)

“Unthinkable”

American religious conservatives have a problem.

Riding high on their partnerships with the Trump administration and the perception of being political kingmakers, they need to be sure that they will be able to sustain their momentum for years to come. And with the newly-stacked U.S. Supreme Court making the overturn of Roe v Wade a seeming inevitability (as well as putting the overturn of marriage equality within sight), they are now looking for what to do in a “post-Roe” world to retain their energy, power, and dizzying levels of funding. And in the discussions they have about that dilemma, their solution, often, is to work toward a world in which they have made abortion “unthinkable.”

“I’m not suggesting that the proposed laws are unimportant—on the contrary, pass more of them! I only wish to remind us that our goal is to make abortion unthinkable as well as illegal. And that means our work has only just begun…” –  John Stonestreet and Roberto Rivera, Breakpoint

When I speak about American conservatives, of course, I don’t mean to suggest that there is some central plan or hive mind. It doesn’t work that way. Even getting U.S. Evangelicals and Catholic fundamentalists onto the same page can be a challenge sometimes, and the religious nationalist industrial complex is made up of an infinite number of organizations all vying for dollars in the same fundraising pool. But there does seem to be a fairly cohesive and organic process in which talking points filter out and take shape – and “unthinkable” appears to be one such trend in linguistic spin.

The origin of this particular incarnation of the talking point (it has been mused about many times before, but not with this degree of viral spread and consistency) appears to have been January’s Evangelicals for Life conference, in which the senior vice president of Alliance Defending Freedom’s (ADF) U.S. legal division Kristen Waggoner encouraged attendees, using the phrase. Waggoner’s encouragement came about a week after Robin Marty’s Handbook for a Post-Roe America was published, and progressive news outlets were discussing how to respond to the possibility of a patchwork or even nationwide ban on abortion. The possibility that the left might evolve to cope with a changing legal landscape – as far as EFL attendees were concerned – needed to be thought out and prepared for.

So when Ontario Member of Provincial Parliament Sam Oosterhoff tells an anti-abortion rally in Toronto that he pledges to make abortion “unthinkable in our lifetime,” it’s helpful to look at religious conservative media for clues as to what he might mean by that, and where his influences are coming from.

“New Hampshire Right to Life’s position is clear, she said. ‘We would want to put restrictions on abortions and make it unthinkable and illegal…’”Concord Monitor

I could go at some length about how promoters of the sensationalistic and Planned Parenthood -defaming movie Unplanned seized on the phrase during their publicity tour, or how it’s turning up on Fox News, or how it came up during anti-abortion rhetoric pertaining to legislation in New York and Georgia as well as a legal ruling in Louisiana, or how it spread widely enough that even a perceived-left website like Vox gave it oxygen – but that only establishes that there is definitely a narrative. I’d much rather look at what religious conservatives are getting at, when they use the phrase.

“Every answer to why abortion is viewed as still ‘needed’ stems from a deeper-seeded issue which we could be fighting against… we need to combat the issues which give abortion supporters reasons to think it is the better ‘option.’ Abortion needs to stop being an excuse for not addressing the larger issues at hand…” – Paul Collier

If anti-abortion groups wanted to turn their attention toward addressing poverty, it would probably be a welcome development. Sadly, you won’t find a whisper of that, and doing so would probably frighten the megadonors with whom they collaborate to form the Republican / Conservative political base. But getting religious conservatives to speak candidly about specific objectives isn’t always easy. Afraid that too much transparency might allow opponents to organize effectively against them, they often restrict their public musings to dog whistle terms (of which “unthinkable” is arguably one), and stay effectively mum about which political candidates they’ve managed to get nominated as candidates in an election. But in venues seen as relatively safe and exclusive, or from pundits who are seen as less prominent, sometimes you’ll find some elaboration.

One such pundit is The Federalist’s Georgi Boorman, who actually proposed a 6-point plan. Chief among these is to “Improve Reproductive Education” – but you won’t find her making any mention of contraception (elsewhere, Boorman reveals herself to be not a fan of The Pill), condoms or family planning. There’s no direct mention of sex education in schools, either, even though it would clearly be the necessary vehicle for what she has in mind. The “reproductive education” that she speaks of is predominantly “to educate women on the dangers of” abortion (by which she means the usual far right claims about health dangers of the practice), a fetishization of the stages of fetal development, and more fearmongering about the current medical process (i.e. she cites “the horrid conditions of abortionist Kermit Gosnell’s facility” as a typical example… it’s far from it).

The remainder of Georgi Boorman’s suggestions include more criminalization (elsewhere, she openly supports the death sentence for women who abort) and the vague “celebrate life” mantra, as well as increasing support for adoption (“especially cross-racial,” she adds, stealthily riffing on anti-abortion groups’ efforts to portray the procedure as a kind of racist genocide perpetrated by leftists) and – of course – ramping up funding for anti-abortion fake pregnancy centres.

On these points, her proposals are within the purview of those of Abby Johnson, whose own proposals are steeped in proselytizing and expanding anti-abortion pregnancy counseling centers into additional areas that beatify motherhood, but do not provide any hints of information about contraception or family planning (other than, perhaps, the “rhythm method”). But Boorman also adds a notable comment about “support[ing] fatherhood”:

“… what if fathers were asked to step up as parents and providers, instead of being written off as unqualified sperm donors? What if our culture demanded it? … Millions of fathers have been robbed of this opportunity since Roe, and our welfare system has enabled this by disincentivizing marriage and fatherhood obligations. … Instead of affirming mothers’ unilateral decisions by default, we should encourage fathers’ involvement (including marriage)…”

When religious conservatives frame opposition to gay and trans human rights as “protecting marriage,” LGBTQ+ organizations and spokespeople often quip about the hypocrisy in their seeming lack of worry about divorce and cohabitation. But the fact of the matter is that anti- groups have never stopped tilting at those particular windmills, either. An outright ban on divorce is only touted by the most extreme among them, but “disincentivizing” and creating an institutional system that heavily favours marriage come up often, and the idea of restricting divorce or making it difficult retains some level of popularity.

Other religious conservatives are more ambitious. Around the same time that Kristen Waggoner was proposing that abortion be made unthinkable, the Heritage Foundation hosted Sue Ellen Browder, who claims that “the sexual revolution hijacked the women’s movement” to make abortion and contraception priorities. This, too, is not a new argument, but it is gaining new popularity with organizations seeking to keep the money rolling in after an overturn of Roe. And with anti-trans, anti-sex work and anti-porn feminists partnering with religious conservatives like never before, there appears to be a sense that they have an opportunity to co-opt womens’ rights, which can then be used as a shield against accusations of homophobia, Islamophobia and puritanism, while at the same time purging it of reproductive rights advocacy and sex positivity, maintaining a subordinated role for women in administrative areas, and asserting the doctrine of complementarianism (a teaching used both to mandate motherhood as a woman’s integral life goal, and to invalidate LGBTQ+ peoples’ rights to live their lives as they need to).

“The battle against feminism is better fought by women because the public has been convinced that men are not qualified to speak about issues that affect the fairer sex…”John Horvat II

On this point, James V. Schall suggests that religious conservatives need to target the entirety of the sexual revolution: “The path, when spelled out, is a direct line from divorce, contraception, and abortion to single-sex ‘marriage,’ in-vitro fertilization, surrogate motherhood, and designer babies and now to a refusal to continue to increase and multiply with transgenderism, population decline, and, ultimately euthanasia… If we were to eliminate abortion, we must freely stop committing the sins that initiate disordered conceptions… Without this conversion, we will continue on the same path on which we now are traveling…”The Federalist’s Cullen Herout (which, admit it, must be a pseudonym) agrees at least on the point about contraception, saying “… if the goal really is to make abortion unthinkable, that cannot and will not happen without a large-scale shift in our cultural attitude toward human sexuality and contraception…”

So the next time your local political representative muses about making abortion “unthinkable,” it’s only reasonable to press them to elaborate. Because there clearly is more to that statement – and while religious conservatives obviously don’t think in total homogeneity, there’s enough like-mindedness to view this sort of dog whistle with alarm.

The Alberta Advantage was Dependence

In the end, the “Alberta Advantage” was dependence.
And in retrospect, undoing that dependence on the oil industry — a mixture of real and perceived — needed to be the number one priority of the Notley NDP government. When Albertans (even to their own surprise) overthrew the 40-year Progressive Conservative dynasty in 2015, they were hungry for change, and they knew that change was both inevitable and urgent, given the realities of global climate change — something they had been increasingly experiencing (most notably when the third “one-in-a-hundred-year flood” in ten years ate High River and parts of downtown Calgary).
Instead, industry managed to keep the focus on oil development and pipelines, and sucked all of the rest of the political and economic air out of the room.
Of course, Alberta’s energy sector is well-versed in fostering and using the dependence on its jobs and products — whether manipulating gas prices, making punitive and excessive layoffs whenever an administration or policy it doesn’t like is in place, or dangling illusionary carrots, like job creation estimates that factor in a hundredfold of jobs that they imagine might be generated by their project (and which nobody ever follows up on to debunk). In reality, building a pipeline creates merely a small number of regionally-shifting jobs aimed at transporting the longer-term refining jobs out-of-country, but nobody really ever remarks on that, because of how overwhelmed with industry propaganda Albertans are, and their eagerness for what little crumbs industry is willing to toss their way.
Now, the rest of Canada might not be overly sympathetic to Alberta’s plight, right now, because the province has had a pretty good run, riding waves of oil prices over the past few decades to sustained prosperity, while labour markets elsewhere have dwindled, automated, and relocated to other countries. Consequently, Alberta may feel the coming change more acutely than the rest of Canada — but feel it everyone will.
Change is hard. It’s disruptive. And with the level of budgetary dependence on energy royalties and the perceived dependence (thanks to the hard work of neoliberal institutions like the Fraser, CAPP and corporate media) of everyone’s jobs on oil development, Alberta has had four years of reckoning that haven’t really done anything to assuage any of the associated fears that come with that change.
To be fair, that transition was never something that was going to be able to take place in a scant four years.
Additionally, the Notley NDP have tried to break some of that sense of dependence through diversification. It’s something that hasn’t been well-publicized, but it also needed to be more aggressively pursued. And diversification is only one step — job retraining and the economic support and optimism needed to get through it are more critical. Albertans looked to Rachel Notley to lead them into and through a transition, and somewhere along the way, industry convinced the government and the public alike that the transition was yet another pipeline.
Consequently, we find ourselves at a crossroads in which Albertans seem receptive to old, failed conservative policies of austerity and corporate giveaways, regardless of the ethical concerns with a guy who may have broken electoral laws in order to become party leader, and regardless of whether he has surrounded himself with lake-of-fire social conservatives and semi-open white nationalists. It’s why we’ve seen people who’ve never protested before come out to agitate for pipelines, and naively allowed themselves to get hijacked by and aligned with racist wingnuts who’d previously floundered on the fringe for decades. Despite the stereotype of the Albertan redneck, Albertans have always tended toward worrying about the money, and not caring about the social positions that have aligned themselves with it (which is, in a way, even worse).
But here’s the clincher: a pipeline isn’t going to slow or stop the one-in-a-hundred-year floods, or the summer seasons that might soon be renamed “Smoke,” or the fracking-triggered earthquakes. And electing a traditional oil crony is more likely to undo the first steps that Alberta has taken than to make those hard choices. Because the longer Alberta tries to forestall its transition, the more abrupt, disruptive, and devastating that eventual change is going to be.
(crossposted to rabble.ca)

Free Speech, When The “Debate” is You (and You’re Not Invited)

There’s a duplicitous game of sleight-of-hand that is taking place in discussions about freedom of speech in academia and the public square.

Here’s how it works: at first, a person fishes for controversy by saying several things that they know will offend people.  If this garners enough attention, then the process recurs organically — say, whenever a politician wants to reference the controversy as a coded dog whistle to their base, or when a teaching assistant replays a recording in class because she thinks the discussion is interesting and challenging.

And the moment the people targeted by that discussion get angry and protest, they’re described not as being upset about the content of what is being said, but rather their protest is reframed as opposing freedom of speech itself.  Whether you see that as accidental or deliberate probably depends on how cynical you are about the whole issue. Continue reading Free Speech, When The “Debate” is You (and You’re Not Invited)

Trans* Human Rights Bill C-16: A Look Back

Although I’ll be remarking on the passing of Bill C-16 elsewhere, I wanted to post Bill Siksay’s closing speech from February 7, 2011, back when the bill was in its third incarnation (of five), Bill C-389.  To me, it’s a profound moment to look back on, and realize just how far we’ve come.

It took 12 years to pass this bill.  For the first six, it was completely ignored, as was the trans* rights movement. Shortly after this speech, the bill did pass at Third Reading, and the effort finally was taken seriously… but was then very hard fought.  This speech was the moment (if there was any single one) that things changed.

I hope that Mr. Siksay’s efforts are remembered now.  Trans* people have usually been told to wait their turn, that legislation is incremental, that we should work for gay rights, and then the LGBTQ movement would come back for us.  This was a rare exception in which someone actually did come back. Continue reading Trans* Human Rights Bill C-16: A Look Back