Where Is Justice To Be Found?

For Adam Nobody, the answer appears to be 'nowhere.' Last week retired judge Lee Ferrier ruled at a police disciplinary tribunal that Toronto police Const. Babak Andalib-Goortani should lose five days' pay for his brutalization of Nobody, characterizing it as fleeting and physically minor. a strange way indeed to regard Nobody's broken nose and broken cheekbone.



The judge felt that Andalib-Goortani has already "suffered enough."

It is an assessment at odds with Toronto Star readers, a few of whose missives of outrage I reproduce below:

Police officer Babak Andalib-Goortani has essentially had his allowance docked as a punishment for his behaviour during the G20 protests in Toronto. The judge who heard his appeal apparently felt that the man wasn’t really bad, just naughty, “barely over the line of wrongfulness.” After all, he wasn’t the only police officer to wade into crowds after hiding or removing his name badge, and he’s suffered a marriage breakup, mental stress due to his criminal prosecution, and the loss of his home.

None of these hard times, it seems to me, came about because of what he did. They happened because he was caught, and that only if we discount all the other people in the world who suffered the same troubles without the excuse of legal proceedings in their lives.

If all we want from our justice system is punishment for criminals, which is what legal proceedings did determine the man is, then it’s arguable that he has already paid a price. If we want an offender to take responsibility, feel remorse, and genuinely try to address whatever in him lead to his mistake, with the goal of being welcomed back into a supportive community, neither Andalib-Goortani nor the rest of us are served by this judgment.

He has been judged to be a victim of an attempt to hold our police to civilized standards of behaviour. This does no favours to the man himself, our police, or the rest of us.

Jim Maloy, Barrie

Well, I guess it’s official: we live in a police state.

That a police officer, convicted of brutally beating an innocent, passive fellow citizen, should keep his job is utterly unbelievable – that is, assuming that we do live in a “free and democratic society,” as our constitution proclaims.

What’s happened in this case is called police impunity: the right of police officers to do anything they wish, no matter how criminal, with little or no consequence. The text of Judge Ferrier’s ruling could have been read out in Moscow or Beijing without anyone thinking it abnormal.

Because it’s poppy-time, I cannot help asking: Is this the kind of society that our brave soldiers, sailors, and aviators fought and died for?

Steven Spencer, Pickering

Like prosecutor Brendan Van Niejenhuism I was stunned that convicted Andalib-Goortani was simply docked five days pay for his assault with a weapon.

The retired judge assigned to the Police Tribunal, Lee Ferrier, simply confirmed by his irrational and unfair decision that justice is certainly not for all, but that there is one law for the police, and another for the average citizen.

It’s telling that in the 47-paragraph decision, not one line addressed the impact on the victim of the assault or the impact on public confidence in policing, but was devoted entirely to how Andalib-Goortani is a victim because of his assault on Adam Nobody. Too bad he lost his house and marriage because of his criminal actions, he should have lost his badge and his job too, if not sent to jail.
Until the police complaint system is overhauled, and pro-police biased judges are removed from the process, justice is just a catchphrase for unfair, and worthy of nothing but ridicule.

Gerry Young, Toronto

Cowardly And Indefensible

As cowardly, indefensible and savage as the terrorist attacks on Paris were, equally so is the response of the right-wing, eager to score points by exploiting that massacre for its own twisted political purposes.

If you haven't already done so, be sure to read Montreal Simon's post on the matter. As well, check out the video carried on Addicting Info, and if that doesn't sicken you sufficiently, take a look at Mother Jones, which carries some of the most outrageous tweets by some of the most unhinged minds in U.S. political culture today.

Beyond that, I have nothing to say.

On The Importance Of Political Renewal

I'd like to share with you a comment made on a previous post dealing with the self-delusion the Conservative Party seems to be engaged in as they lurch toward 'renewal.'

AniO wrote:

The rehabilitation of the Conservative party is vital to our future, however. Sooner or hopefully later, the current government will become old, tired, arrogant and corrupt - the inevitable ravages of power, it would seem. At that point it is vital that we have an ethical and solid alternative to vote for. After the hostile takeover of the PCs, we didn't have and look what happened. How do we get them to thoroughly clean house and reform (pun intended) themselves, and return to their roots of a once-ethical, credible political party with the interests of Canada and Canadians at heart. Our longer-term future may depend on it.

Here was my response:

You make an excellent point here, AniO. A healthy democracy demands a healthy and functional opposition, a party to hold the government to account and serve as a government-in-waiting. Here in Ontario, for example, the Liberal government has been in power for far too long, and has become what you describe: arrogant and old. The most obvious sign of this is the fact that it is selling off 60% of Hydro, which means that they are surrendering 60% of an annual $750 billion in profits, all for a few billion dollars.

When I voted for them in the last provincial election, I knew it was time that they spent some time on the bench, but unfortunately, the PCP under Hudak was never a consideration by virtue of his manifest incompetence, and I could not support the NDP's Andrea Horwath because she triggered an unnecessary election in her venal quest for power.

Renewal is something that must come from within, something that follows a careful and motivated soul-searching, the capacity for which I believe the Conservatives currently lack. While they are no doubt paying close attention to the many notes of grace coming from the new Trudeau government, to emulate the style without the substance will merely continue the blind path the party has been on for so long.

They will have to do much better than that to once again be considered a government-in-waiting.

Some Surprising Findings

Whether it is due to what has been called The Francis Effect or the increasingly severe weather that so many parts of the world are experiencing, a recent study finds that more and more Americans are beginning to appreciate the threat posed by climate change. Additionally and rather surprisingly, even those who are disengaged from the issue or completely skeptical support the development of alternative, clean technologies:




Meanwhile, here at home, a majority of Canadians

favour imposing new taxes on fossil fuels such as gasoline, heating oil, and natural gas to reduce greenhouse gases and overwhelmingly endorse the growth of the renewable energy sector in Canada(93%), according to a new poll.

The support for a tax is strongest in BC (62%), females (60%) and young Canadians in the 18-29 age group(68%), and weakest among Ontarians(53%) and the 30 to 39 age group, the Nanos Research poll commissioned by University of Ottawa Positive Energy found.

It is long past due that we make a real commitment to mitigate the worst effects of climate change before it is too late for all of us.

A Sordid Story

While it is yet too early to tell how the new Trudeau government will handle the environmental and climate change file, early indications are promising. Minster Catherine McKenna has said that with regard to future pipeline proposals,

assessments will be “based on science” and ensure Canadians can participate in the hearings. During the campaign, the Liberals slammed the review procedures – put in place during Conservative rule – as inadequate and pledged that pipeline assessments would include upstream impacts of crude extraction.

Lord knows that the oil interests cannot be trusted to police themselves, as the sad and corrupt tale of Nigeria, Shell Oil, and the late Ken Saro-Wiwa amply demonstrate.

Saro-Wiwa, a passionate Nigerian environmental and human-rights activist, has been dead for 20 years, executed on trumped-up charges, the apparent victim of collusion between a corrupt military and Big Oil.

It was Shell that Mr. Saro-Wiwa was campaigning relentlessly against in 1995 when Nigeria’s military government arrested him. And it is Shell that continues to operate about 50 oil fields and 5,000 kilometres of pipelines in the Niger Delta today.

Although he died for his cause, that cause is yet unfulfilled:

The lands of his Ogoni people, in southeastern Nigeria, continue to be contaminated by oil, and thousands of people are still reported to be exposed to the pollution, despite repeated promises of a cleanup.

A report released this month by Amnesty International concludes that the giant oil multinational Shell has failed to clean up the pollution from its southern Nigerian pipelines and wells. Shell is the biggest international oil producer in the Niger Delta, which is the biggest oil-producing region in Africa – and one of the most polluted places on the planet.

And while Shell Oil has made its mea culpa over what transpired in the land of the Ogoni, the fact is it has done little to reverse the harm and environmental despoliation it has caused:

[A] 38-page Amnesty International report says it is Shell itself that is breaking its promises in the region. Amnesty’s researchers visited four oil-spill sites that Shell said it had cleaned up years ago. They found soil and water still blackened and contaminated by oil, even though people were living and farming nearby. “Anyone who visits these spill sites can see and smell for themselves how the pollution has spread across the land,” said a statement by Mark Dummett, an Amnesty business and human rights researcher.

One contractor, hired by Shell to help clean up a spill site, told Amnesty: “This is just a cover-up. If you just dig down a few metres, you find oil.”

It is an egregious corporate failure that has not gone unnoticed by Amnesty International:

“It is heartbreakingly tragic to see how 20 years after the execution of Ken Saro-Wiwa … we see very little has changed: the oil spills have not stopped, and Shell still has not cleaned up this huge environmental degradation,” said a statement by M.K. Ibrahim, the Amnesty director in Nigeria.

“In the 20 years since Saro-Wiwa was executed, thousands of villagers in the Niger Delta have still not been able to drink clean water, nor farm on their land, nor fish in their waters,” he said. “This oil pollution is wrecking lives.”

And government corruption, it would seem, continues, as reflected in the customs seizure of this:



The above, called the "battle bus," is a

full-sized steel bus, created by British-Nigerian artist Sokari Douglas Camp in 2006, [which] carries oil barrels on its roof and is emblazoned with one of Saro-Wiwa’s most stark and enduring phrases: “I accuse the oil companies of practising genocide against the Ogoni.”

Intended to inspire Nigerian youth to be vigilant and hold the government and oil companies to their promises of environmental remediation, the sculpture has instead

become a symbol of the ongoing censorship of communities in Nigeria and it has also made explicit the links between the violence and corruption and the influence the oil companies . . . have in the region.”

Back here in Canada our new government, unlike the old with its virtual blank-cheque mentality for all things resource-related, will indeed do well to keep in mind the true nature of the oil multinationals and legislate and regulate them accordingly.

Conservative Self-Delusion

These days I find I have little desire to think, let alone write, about the Harper regime. Despite the fact that we lived so long under its oppressive and toxic shadow, I prefer these days to think about future possibilities. However, the current 'introspection' the defeated party is undergoing merits some attention; it is a process that seems doomed to failure as revisionism about its sordid and dark record is rampant. Stoutly declaring that they got the 'big things' right, Conservative stalwarts seem doomed to a fruitless rebirth that will, at best, be cosmetic, at least until they are willing to confront some unpleasant truths, something I frankly doubt they are capable of.

In today's Star, Carol Gore offers them a framework for renewal that I doubt their hubris will allow them to entertain.

Since the Conservative were ousted on Oct. 19, former cabinet minister Jason Kenney has told anyone who will listen: “We got the big things right. We got the tone wrong.”

But the 47-year-old leadership aspirant is deluding himself if he thinks his party’s problems are only skin deep. The reason the Conservatives lost power is that Canadians no longer wanted a government obsessed with security, fiscal austerity and big oil. Harper’s relentless negativity only reinforced that.

Their 'sins were many; here are but a few of them:

Their Fiscal Record:

They spent the $13.8-billion surplus they inherited within two years, leaving Ottawa with no economic cushion when the 2008 recession hit.

On their watch, the national debt grew by $176.4 billion. Almost a quarter (24 per cent) of Canada’s accumulated debt was amassed since 2008.

Their Job-Creation Record:

Year after year, they brought down budgets that promised to increase employment and prosperity. When they took power in 2006, the unemployment rate stood at 6.4 per cent. When they lost power, it was 7 per cent.

Add to that the fact that many of the jobs are precarious and part-time, forcing more people into poverty.

Their Record On Political Accountability:

They shut off access to government documents, silenced public officials, denigrated or drove out parliamentary watchdogs, rolled dozens of legislative changes into book-length omnibus bills and refused to let opposition MPs examine their expenditures.

Their Record ON Advancing Canadian Values On The World Stage:

Jason Kenney was front and centre on many of these issues. He was the minister who banned niqabs at citizenship ceremonies; who opened the floodgates to a massive influx of foreign temporary workers; who insisted Canada had a great “skills gap” (based on a misreading of Kijiji’s jobs vacancy data); who boasted about defunding charities that criticized Israel; and who blasted a United Nations official for revealing that nearly 900,000 Canadians used food banks every month.

Carol Goar lists additional examples of how the Conservatives squandered their power during their reign, but I think you get the picture. It is one, I suspect, that will be forever beyond the grasp of a party that seems to prefer sweet lies to bitter truths, thereby likely dooming them to wander the political wilderness well into the future.

Catherine McKenna In Paris

The international community is “really excited” to see Canada back at the table for climate change talks in Paris, Canada’s new environment and climate change minister said Tuesday.



May concrete and substantial action follow.