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2015-Book-Festschrift-50-Years-Of LIBRARY AND ARCHIVES CANADA CATALOGUING IN PUBLICATION 50 years of freedom : a festschrift celebration for the golden anniversary of the BC Civil Liberties Association / edited by Kate Milberry. ISBN 978-1-927615-05-8 1. Civil rights—Canada—History. 2. Civil rights—British Columbia—History. 3. British Columbia Civil Liberties Association—History—Anniversaries, etc. I. Milberry, Kate, 1971- II. British Columbia Civil Liberties Association III. Title: Fifty years of freedom. JC599.C2F59 2013 323.0971 C2013-901692-9 IMPORTANT NOTICE The material in this report has been prepared and published for the purposes of education and discussion only. It is not legal advice and it is not intended that this report should in any way replace legal advice from a qualified lawyer. Individuals with specific legal problems should seek advice from a lawyer. For a referral to legal services in your area, visit www.bccla.org for information. BC Civil Liberties Association Contents may not be commercially reproduced, but any other reproduction with attribution is encouraged. When reproduced, attribution should be given to the BC Civil Liberties Association. Edited and compiled by Kate Milberry for the BC Civil Liberties Association. Design by Lindsay Chetek. Printed in Canada by Friesens. Thank you to the Law Foundation of BC for their decades of support of the BC Civil Liberties Association. THE LAW FOUNDation OF BC 1340-605 Robson Street, Vancouver, BC, V6B 5J3 www.lawfoundationbc.org We acknowledge the financial support of the Province of British Columbia. To order a copy of this book, or to learn more about the BCCLA’s work, please contact us. The views expressed by authors in this collection do not necessarily represent the position of the BCCLA. 900 Helmcken Street, 2nd Floor, Vancouver, BC V6Z 1B3 Phone. (604)687-2919 I Toll free: 1-866-731-7507 I Fax: (604)687-3045 www.bccla.org Index Foreword by Robert D. Holmes QC 6 th 01 50 Anniversary Reflections by Stephen Owen QC, PC 12 02 The Swerve, or Theories of Change by Maureen Webb 17 03 Acting Queerly by barbara findlay QC 18 04 The Root of Human Rights is the Dignity and Inherent Worth of All People by Grand Chief Stewart Phillip 29 05 The Decline of Violence and the Expansion of Human Rights: Reflections on Social Change, 1962 to 2012by Neil Boyd 31 06 A Celebration of Civil Liberties in Canada and the World Our Legacy of Criminal Law: Advancing Liberty in the Face of Intransigence? by The Hon. Michael Kirby AC CMG 37 07 What About Students’ Academic Freedom? by Jeffrey Foss 45 08 The Charter of Rights and Freedoms and Equality in Electoral Districting Laws by Robert D. Holmes QC 55 09 Nothing to Fear; Nothing to Hide: The Right to Privacy as a Civil Liberty by David Copp 73 10 “Thinking Shall Replace Killing:” Some Thoughts on Civilization and Human Rights by Brendan Myers 81 11 Prejudicial Consequences of a “Non-Conviction” in Canada by John W Conroy QC 89 12 Indigenous, Civil and Human Rights: Indigenous Warrior Spirit Fight for Justice by Preston Guno 105 13 Standing on our Rights: How “Who Can Sue?” has Become the Most Important Question of All by Craig E. Jones QC 107 14 On Rules and Moral Beauty by Jan Zwicky 114 Afterword by Lindsay Lyster 118 Foreword by Robert D. Holmes QC As we approached our 50th anniversary, the Board of to organize those in an online or other repository, the BC Civil Liberties Association decided to endorse a accessible by all. project of inviting contributions to a Festschrift in honor of the association and its work. This edited collection is I had the honor of serving as President of the association the result. A Festschrift is a collection of essays and other for the past four years. It was, to put it mildly, a tumultuous writings published so as to recognize and celebrate the time. The issues the association has covered have been work of someone. Usually that someone is a notable wide and varied. But on each, we drew upon the com- academic, author or public figure. But here, we do mitment and principles that the association defined early this for an organization. Usually, such an anthology is as its mission. Having those at hand made speaking published on the occasion of someone’s retirement. But out on different matters somewhat easier. When I first here, we do so simply to mark the passing of half a became President, an issue arose about the use of tasers century. The work of the BCCLA will continue as long as by the police. We spoke out against use of such weapons. there are principled individuals, interested in and commit- That varied from their use by transit police—including ted to civil liberties prepared to devote their time to it. some instances where they were used against escaping fare evaders—to their use against Robert Djiekanski at This collection is one that the BCCLA is proud to publish. the Vancouver Airport by RCMP officers. During my time The contributors have obviously put in a great deal as President, there were several commissions of inquiry of time and effort.T heir messages range from acade- on police conduct. mically oriented pieces that focus on a particular issue to personal reminiscences of the place of the As well, we saw the Olympics come and go from BCCLA or of a civil liberties issue in their own lives. Vancouver in 2010. Issues relating to free speech, I have enjoyed reading each. I have found some prov- assembly and other rights came to the fore. When ocative, some descriptive and some wistful. I trust authorities sought to create pens for demonstrators and you will enjoy reading them. And I would be remiss applied the euphemism to them of being “free speech in not extending the invitation made to everyone to zones," our Executive Director, David Eby, told the continue providing contributions. Just as the work of press that the BCCLA thought all of Canada was a the BCCLA is ongoing, the association would be pleased “free speech zone.” In 2011, there was a follow-on to to receive further articles and will consider how best that in relation to issues arising from the ”Occupy” 6 movement. Along the way, however, there were other, more isolated, examples of the BCCLA speaking out on free speech matters. Those included criticism of government action barring persons from entering Canada to speak. We maintained a watchful brief and initiated legal proceedings on matters relating to the government’s anti-terrorism laws and actions. That included every- thing from pursuing access to information relating to participation in rendition, handing people over to forces known to engage in torture, and failing to adhere to international legal standards governing military action, to intervening in legal proceedings relating to repatria- tion of Canadians held or stranded abroad. We spoke out on issues relating to human smuggling and refugee claims. Whether the issue was accountability of govern- ment or due process for those affected by government action, we were there. Privacy issues are another front on which the BCCLA has long been active. Sometimes it has been a matter of government surveillance (on the internet, through CCTV, through police databases on millions of individu- als, or through more traditional searches of persons and property) for criminal law purposes. Sometimes, it has been information gathering by government (such as with e-Health) for professedly benign purposes of enhancing health care, education, tax collection or whatever else. Sometimes it has not involved govern- ment, but has involved employers or other institutions assembling data on people without their knowledge or consent. It is plain to see that civil liberties issues arise in such matters. The BCCLA has been fortunate through the years to have many individuals come forward and help out. I hope I will be forgiven by those who are not mentioned, for their work and contribution are greatly appreciated. But two I will mention here are Reg Robson and John Dixon. Reg Robson always stands out as a pioneer of this organization. As president, his time included when the October Crisis was upon us in Canada. The Trudeau government imposed the War Measures Act in 1970 and hundreds were arrested and held without due process or anything that would pass for reasonable cause. The Canadian public at large rallied around the government of the day. The spectre of a threat from without or within has that effect—at least initially. Reg Robson spoke out against it. The idea that there was an “apprehended insurrection”—which was the legal premise for invoking such extraordinary pow- ers—was not on. Abrogating the rights and liberties of everyone was not justified. Incarcerating many people on no real grounds for suspecting criminal activity, but rather because of their political sympathies and associations, was repugnant. Reminding us all of the best things we stood for took courage and conviction. Reg Robson had both. 7 He followed that with talks and commentaries on many more issues that arose, from mandatory detention of drug addicts, to freedom of expression, to the plight of the marginalized and forgotten in society. The BCCLA, under his leadership, pressed for recognition and protection of rights and freedoms in the Canadian Constitution when it was patriated in the early 1980s. The advent of constitutional rights guarantees as a thoroughgoing part of our law was a significant change for Canada. John Dixon is another former president of the organization. He served in the 1980s and again in the 2000s. Even when not president, he has been an active spokesperson for the association.
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