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OCLA Newsletter

Posted on October 5, 2015 by admin

Dear OCLA Supporter,

This email is to provide you with an update regarding the OCLA’s work and activities in 2015.

2015 Civil Liberties Award to be announced soon!

We will announce the date and location for our annual civil liberties award event very soon. The event is an occasion to celebrate courageous Ontarians who have fought for individual rights, and to meet other OCLA members and discuss civil liberties concerns and issues.

Letter to NDP leader Thomas Mulcair re: freedom of speech for party candidates

On Aug. 20, the OCLA sent a letter to NDP leader Thomas Mulcair protesting the party’s decision to summarily revoke the candidacy of Morgan Wheeldon for past Facebook comments about Israel made in the context of political discourse. Another candidate, Jerry Natanine, suffered the same fate. The letter is posted online at the following link: https://ocla.ca/letter-to-ndp-leader-thomas-muclair/

National Defence implements policy on searches in cadet summer camps

In 2014, the OCLA raised concerns, brought by anonymous sources, about sweeping searches of youth participants at cadet summer camps. The sources informed the OCLA that National Defence has now implemented a policy (dated May 28, 2015) regarding the searches, and that the practice of blanket searching lockers for stolen or missing items appears to have been stopped. More information and links are available at: https://ocla.ca/update-national-defence-policy-on-searches-in-cadet-summer-camps/

Letter to PEN Canada re: “Censorship Tracker” website

“In the struggle to protect freedom of expression, civil society organizations must particularly seek to protect individuals whose rights are most at risk from being attacked using disproportionate means wielded by governments and large institutions or corporations.”

This principle formed the basis of the OCLA’s letter, dated May 24, 2015 to the Executive Director of PEN Canada, regarding its use of its Censorship Tracker website in relation to the hate speech criminal charges against Mr. Arthur Topham. The letter is posted online at the following link: https://ocla.ca/ocla-letter-to-pen-canada-re-censorship-tracker/

Ezra Levant’s SUN TV feature about the OCLA’s position on Arthur Topham’s case is now on the OCLA’s YouTube channel, at: https://www.youtube.com/watch?v=M_MxPOUzZuw

Mr. Topham’s trial is scheduled to take place this October.

Complaint regarding Ottawa Police Association President

In 2014, the OCLA filed a complaint with the Office of the Independent Police Review Directorate (OIPRD) about a letter sent by the president of the Ottawa Police Association to the president of Carleton University demanding that a criminology professor apologize for making statements that were critical of policing in Ontario.

A brief report and links to background information, including the OCLA’s complaint, the OIPRD Investigative Report, and media coverage about the complaint can be read at the following link: https://ocla.ca/oclas-complaint-regarding-ottawa-police-association-president-matt-skof/

Position paper on the institutional bias against pro-life campaigners in Ontario

The OCLA is opposed to the evident statutory and institutional bias that exists in Ontario against the free-expression rights of pro-life campaigners. Read the position paper at the following link: https://ocla.ca/our-work/reports/ocla-position-paper-on-institutional-bias-against-pro-life-campaigners-in-ontario/

Media coverage: “Civil liberties association says withholding abortion stats an affront to democracy”, The Catholic Register, Apr. 29, 2015.

How to stay connected and donate to the OCLA

Twitter: @oncivlib

Facebook: https://www.facebook.com/groups/110883345731728/

The OCLA is an independent, volunteer-run organization. Donations help cover operating costs such as booking rooms for public events, printing promotional material for campaigns and events, and paying for court filing fees and court document production costs (copies and binding) regarding court and tribunal interventions on civil liberties issues.

Donations can be made in two ways:

1) through Paypal, by clicking the “Donate” button in the top-right corner of https://ocla.ca; or

2) by sending a cheque to “Ontario Civil Liberties Association” to our mailing address:

Ontario Civil Liberties Association
180 Metcalfe Street, Suite 20
Ottawa, Ontario
Canada K2P 1P5

Yours truly,

Joseph Hickey
Executive Director
Ontario Civil Liberties Association (OCLA) https://ocla.ca
joseph.hickey@ocla.ca

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Letter to NDP Leader Thomas Muclair

Posted on August 20, 2015 by admin

The OCLA sent the following letter to NDP Leader Thomas Mulcair today, regarding freedom of speech for party candidates, in the context of the NDP’s decision to drop Morgan Wheeldon and Jerry Natanine as candidates because of their opinions regarding the conduct of Israel.

The OCLA’s letter to Mr. Mulcair is available at the link here, and below:

OCLA letter to NDP Leader Thomas Mulcair

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Update: National Defence Policy on Searches in Cadet Summer Camps

Posted on June 22, 2015 by admin

Last summer, the OCLA wrote to Rear Admiral Jennifer Bennet, Chief Reserves and Cadets of National Defence expressing concerns over sweeping searches of youth participants in Canada’s cadet summer camp programs.

The OCLA’s letter was covered in the Ottawa Citizen. Two responses were received from Rear Admiral Bennet.

The OCLA’s concerns followed from information provided by anonymous sources who were former and current employees with the cadets program. Those sources have now informed the OCLA that National Defence has implemented a policy (dated May 28, 2015) regarding searches at the summer camps, and that the practice of blanket searching lockers for stolen or missing items appears to have been stopped. There is also a clear consent form required for every cadet attending summer camp.

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OCLA Letter to PEN Canada re: “Censorship Tracker”

Posted on May 24, 2015 by admin

The OCLA’s letter to PEN Canada regarding the Censorship Tracker website and the case of Mr. Arthur Topham is embedded below and posted online here.

Posted in Letters, Uncategorized | Comments Off

OCLA’s complaint regarding Ottawa Police Association President Matt Skof

Posted on May 21, 2015 by admin

Summary:

The president of the Ottawa Police Association (the Ottawa police officers’ union) wrote a letter to the president of Carleton University demanding that criminology professor Darryl Davies apologize for statements he made critical of policing in Ontario. The police union president’s letter was obtained by the Ottawa Citizen and a story was published quoting from the letter and from an email by the union president stating that the union would be severing ties with several programs at the university because the professor’s views “taint the whole institution.”[1]

The Ontario Civil Liberties Association (OCLA) submitted a complaint to the Office of the Independent Police Review Directorate (OIPRD) that the police union president’s actions were an attempt to silence criticism of policing by using his influence as union president to exert pressure on the professor’s employer (Carleton University), and that such an attempt brings discredit upon the police force in Ottawa.

The OIPRD investigated the OCLA’s complaint and decided that it was unsubstantiated. The basis of the OIPRD’s decision appears to be that, since Professor Davies’s employment was not affected at the university, the police union president’s actions did not constitute discreditable conduct.

Background information:

A copy of the OCLA’s complaint to the OIPRD, dated March 31, 2014, is available at the following link: https://ocla.ca/wp-content/uploads/2015/05/2014-03-31-OCLA-complaint-to-OIPRD.pdf

The OCLA’s complaint was covered in the media on several occasions, as listed below:

“Police union president calls civil libertarians’ complaint ‘pure hypocrisy’”, Ottawa Citizen, April 1, 2014
“Police union embargoes Carleton over professor’s actions”, The Charlatan, April 3, 2014
“An Open Democracy”, Ottawa Citizen, April 5, 2014
“Ottawa cop cuts ties with Carleton over class speaker”, Maclean’s, April 10, 2014
“Watchdog investigates two related complaints against Ottawa police”, Ottawa Citizen, April 25, 2014
“Watchdog to investigate complaint against Ottawa police union boss”, Ottawa Citizen, July 11, 2014
“Watchdog dismisses two complaints against Ottawa police”, Ottawa Citizen, April 3, 2015

The OIPRD investigated the OCLA’s complaint, and released its Investigative Report on March 23, 2015, concluding that the OCLA’s complaint was unsubstantiated. The OIPRD’s Investigate Report is available at the following link: https://ocla.ca/wp-content/uploads/2015/05/OIPRD-Investigative-Report-23-Mar-2015.pdf

[1] “Police union demands apology for Carleton prof’s ‘malicious, libellous’ attacks”, Ottawa Citizen, March 25, 2014.

Posted in Uncategorized | Comments Off

Release: OCLA asks the Attorney General to intervene in appeal, to protect the constitutional right of freedom of expression in Ontario

Posted on May 19, 2015 by admin

(OTTAWA, May 19, 2015) — Ontario Civil Liberties Association (OCLA) Advisory Board member Professor Mark Mercer has written to the Attorney General of Ontario, Hon. Madeleine Meilleur, asking that she intervene in the appeal of a defamation case, to defend the constitutional right to freedom of opinion and expression for Ontarians.

A Notice of Constitutional Question was served to the Attorney General, and filed with the Court of Appeal for Ontario, last week, and is posted here: https://ocla.ca/wp-content/uploads/2015/05/2015-05-12-NCQ-C59074.pdf

Professor Mercer’s letter of today to Hon. Madeleine Meilleur is posted here: https://ocla.ca/wp-content/uploads/2015/05/2015-05-19-OCLA-letter-to-AG-ON.pdf

The Notice and letter address three vital constitutional issues needing attention to duly protect freedom of expression: (1) a trial judge cannot bar a jury from considering a pleaded defence for defamation, which was not struck out and for which there is ample supporting evidence on the trial record; (2) permanent injunctions (permanent gag orders) cannot prohibit unknown expression, and cannot discriminate on the basis of financial means of a defendant; and (3) extravagant costs of trial cannot be ordered against a defendant where the plaintiff does not pay costs, as the associated chill on expression is excessive, and the practice is counter to the International Covenant on Civil and Political Rights ratified by Canada.

About the Ontario Civil Liberties Association

OCLA is an organization formed to defend civil liberties at a time when fundamental freedoms are subjected to systemic erosion in all spheres of social life. OCLA opposes institutional policies and decisions that remove from the individual his or her personal liberty or exclude the individual from participation in the democratic functions of society.

Contact:

Mark Mercer, PhD
Chair, Department of Philosophy, Saint Mary’s University
President, Society for Academic Freedom and Scholarship
Member, OCLA Advisory Board
Mark.Mercer@smu.ca

Joseph Hickey, MSc
Executive Director
Ontario Civil Liberties Association (OCLA) https://ocla.ca
joseph.hickey@ocla.ca

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Communiqué : L’ALCO demande au Procureur général d’intervenir en appel, afin de protéger le droit constitutionnel de la liberté d’expression dans l’Ontario

Posted on May 19, 2015 by admin

OTTAWA, le 19 Mai 2015 – Un membre du conseil d’administration de l’Association des Libertés Civiles de l’Ontario (ALCO) a écrit au procureur général de l’Ontario, L’hon. Madeleine Meilleur, lui demandant d’intervenir en appel dans une affaire de diffamation, afin de défendre le droit constitutionnel de la liberté d’opinion et d’expression pour les Ontariens.

Un Avis d’une question constitutionnelle a été signifié au procureur général, puis déposé à la Cour d’Appel de l’Ontario la semaine dernière, voir : https://ocla.ca/wp-content/uploads/2015/05/2015-05-12-NCQ-C59074.pdf

La lettre d’aujourd’hui du Professeur Mercer à L’hon. Madeleine Meilleur est disponible ici : https://ocla.ca/wp-content/uploads/2015/05/2015-05-19-OCLA-letter-to-AG-ON.pdf

L’Avis et la lettre adressent trois problèmes constitutionnels primordiaux nécessitant toute l’attention afin que la liberté d’expression soit dument protégée ; 1) Un juge de première instance ne peut empêcher un jury de considérer les arguments de la défense pour diffamation, arguments qui n’ont pas été radiés et pour lesquels il y avait des preuves solides dans le dossier judiciaire ; 2) les injonctions permanentes (ordonnances de non publication) ne peuvent interdire l’expression avant même que celle-ci soit exprimée, et ne peuvent discriminer sur la base des moyens financiers du défendeur ; 3) des coûts extravagants du procès ne peuvent être à la charge du défendeur là où le plaignant est épargné de tout frais financiers, étant donné que les lois en droit commun qui limitent la liberté d’expression sont excessives, et que cette pratique est contre le Pacte international relatif aux droits civils et politiques ratifiée par le Canada.

A propos de l’Association des libertés civiles de l’Ontario

L’ALCO est une organisation formée pour défendre les libertés civiles à une époque où les libertés fondamentales sont sujettes à une érosion systémique, pour que chaque individu préserve ses libertés personnelles et qu’il ne soit pas exclu de la participation aux fonctions démocratiques de la société.

Contact :

Joseph Hickey
Directeur exécutif
Association des libertés civiles de l’Ontario (ALCO) https://ocla.ca
joseph.hickey@ocla.ca

Posted in Press Releases | Comments Off

Institutions Acting Beyond the State

Posted on May 18, 2015 by admin

OCLA Executive Director Joseph Hickey gave a presentation entitled “Institutions Acting Beyond the State” at the 8th Annual Conference of the Toronto Group for the Study of International, Transnational and Comparative Law at the University of Toronto, on May 2, 2015.

Joseph’s talk drew on examples from the OCLA’s work and recent decisions of the Supreme Court of Canada about the applicability of the Canadian Charter of Rights and Freedoms to universities, to examine how Canadian institutions behave in ways that contrast with legal principles such as those of Canada’s constitution as well as international covenants.

The conclusion from Joseph’s presentation is quoted below:

“Rights and freedoms are under erosion in Canada. Civil liberties organizations and lawyers need to work at addressing these problems directly and specifically. If we are going to be part of a movement to create social change, to create a more just and democratic society, then we need to actively defend and promote individual rights, especially in the most controversial cases that are at the point of contact between the powerful forces in society and individual citizens. As Canada becomes more involved in geopolitical wars, it allows less tolerance for political or ideological dissent. The challenge is greater then, and increasing, and we need a push-back from lawyers, civil rights organizations, and all of civil society. When institutions act as if they are beyond the state and beyond the constitution, citizens need to take specific and direct action to challenge and oppose that behaviour, in order to promote freedom and democracy.”

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Position paper on institutional bias against pro-life campaigners in Ontario

Posted on April 29, 2015 by admin

The Ontario Civil Liberties Association (OCLA) is opposed to the evident statutory and institutional bias that exists in Ontario against the free-expression rights of pro-life campaigners.

The violations of the right to free expression include both university-campus suppressions of student pro-life events, and an unconstitutional statute that explicitly targets pro-life expression in the public sphere.

When free expression is suppressed on campus, the institutional bias of Ontario courts is such that judges are willing to entertain the loophole that “universities are not government” in order to deny Canadian Charter of Rights and Freedoms protections on campuses, rather than admit that a public university’s provisions of grounds and facilities for the purpose of educational and political expression is a “government activity” that attracts Charter protection [1].

Regarding the said unconstitutional statute, Ontario’s Freedom of Information and Protection of Privacy Act contains a section (s. 65(5.7)) which explicitly excludes all information about abortions, including any statistical data and charts, from any access. This means that there is no right whatsoever in Ontario for any individual or association to access government information “relating to the provision of abortion services” [2].

The statutory exclusion was not justified during parliamentary discussion (members were silent on the exclusion), is contrary to the principle of transparency and accountability in a free and democratic society, and is a violation of Canada’s obligations under the International Covenant on Civil and Political Rights [3].

The exclusion effectively prohibits expression on the excluded records, and thereby violates the Charter right to free expression of the requesters of the information [4].

The OCLA seeks to raise the concern that there is palpable institutional bias against pro-life advocates in Ontario and that this is harmful to society and substantively unjust towards members of the community [5]

Endnotes

[1] See: Lobo v. Carleton University, 2012 ONSC 254 (CanLII); and Lobo v. Carleton University, 2012 ONCA 498 (CanLII).

[2] Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31.

[3] International Covenant on Civil and Political Rights, Article 19(2); and General comment No. 34, International Covenant on Civil and Political Rights, Human Rights Committee, 102nd session, CCPR/C/GC/34, paragraphs 3, 8, 18, and 35

[4] See: Notice of Application, dated April 21, 2015, Association for Reformed Political Action (ARPA) Canada, Charter challenge, Court File No. 15-64024, filed in Ottawa, (LINK).

[5] Recently: Constitutional challenge seeks truth of abortion numbers, The Catholic Register, April 23, 2015.

Posted in OCLA Opinion Statements | Comments Off

Fall 2014 Newsletter

Posted on December 22, 2014 by admin

Dear OCLA Supporter,

This email is to provide you with an update regarding the OCLA’s work and activities over the Fall 2014 season.

Congratulations to Terri-Jean Bedford

We were delighted to award Miss Terri-Jean Bedford with the OCLA’s 2014 Civil Liberties Award for her activism to promote the freedom, dignity, and safety of sex workers in Canada. Miss Bedford’s motto is “I’ll fight for my rights, whether you like it or not!” Her moving speech from the award celebration in Ottawa on November 14 can be viewed on YouTube at: https://www.youtube.com/watch?v=RmD0qeqdOGM

Our announcement of the award to Miss Bedford was covered in national media and internationally by the BBC News: http://www.bbc.com/news/blogs-news-from-elsewhere-29722326

Campaign in Defence of the Civil Rights of Arthur Topham

The OCLA has a public campaign calling on the Attorney General of BC, The Honourable Suzanne Anton, to withdraw her consent for prosecution of Mr. Arthur Topham under Canada’s “hate speech” Criminal Code provisions. Mr. Topham is being prosecuted regarding content on his self-published internet blog. More information is available on the OCLA’s website at: https://ocla.ca/our-work/public-campaigns/#anchor-Topham

The OCLA’s petition to the Attorney General of BC has reached 1300 supporters. Please consider adding your name to the petition at the following link: http://chn.ge/1wXlqhr

Freedom of Expression in Cornwall Municipal Election

A mayoral candidate in this fall’s municipal election in Cornwall, Ontario was barred from wearing a T-shirt expressing a political message at the televised “All Candidates Forum” organized by the Cornwall Chamber of Commerce. The OCLA’s letter to the Chamber of Commerce President is available at: https://ocla.ca/wp-content/uploads/2014/09/2014-09-22-Letter-from-OCLA.pdf

The OCLA’s letter was reported on by the Cornwall Standard-Freeholder: http://www.standard-freeholder.com/2014/09/23/ocla-urges-cornwall-chamber-to-drop-dress-code

Letter to Premier Wynne re: Protecting Freedom of Speech in Ontario

In early October, Ontario Premier Kathleen Wynne made a promise to defend freedom of speech in China. The OCLA responded with a letter urging the Premier to stop the rapid erosion of freedom of speech in Ontario. The letter is available at: https://ocla.ca/wp-content/uploads/2014/10/2014-10-02-Letter-from-OCLA-to-Premier-Wynne.pdf

Premier Wynne’s response is available at: https://ocla.ca/wp-content/uploads/2014/12/2014-12-16-KWynne-to-OCLA.pdf

OCLA Executive Director to begin PhD Research on the Physics of Legal Decision Making

Joseph Hickey is pleased to announce he will begin PhD research in January 2015 on the topic of the physics of legal decision making. The goal of the research is to understand, interpret, and illustrate aspects of how the legal system functions by analyzing real-world data about the Canadian legal system using statistical physics methods.

Joseph’s research will be done under the purview of the Natural Sciences and Engineering Research Council Alexander Graham Bell Canada Graduate Scholarship. He will continue as Executive Director of the OCLA during this time.

Volunteering with OCLA

There are all kinds of ways you can collaborate with the OCLA to help the organization grow and take part in the push-back for a freer and more democratic society. Everyone who works with the OCLA is a volunteer. Please contact us to discuss your volunteering interests, no matter how large or how small!

How to Stay Connected and Donate to OCLA