Anti-Bullying Legislation a Good Thing, Right?

Following the debacle of the Rehteah Parsons case last year, I was a little unsure of how the noises being made by both the provincial and federal governments about tightening up both the law and the legal process around the issue of bullying were going to work out.

Unsure because, really, can you actually legislate bullying out of existence?

And as far as Rehteah's case went, a sexual assault is a sexual assault is a sexual assault, is it not? Even if the police refuse to properly investigate the matter?*

But be that as it may, I initially thought it was a good thing when the federal government recently announced changes to the Criminal Code making it a criminal offence to spread intimate pictures of someone without their consent. After all, what could go wrong with that, right?

A lot, apparently. At least, a lot when you're talking about a federal government that is willing to be more than a little sneaky and turn its self- this proclaimed anti-bullying legislation into ... what exactly?

Apparently only about one and a half pages of the 65-page Bill actually deal with making it illegal to spread an intimate picture of someone without their consent.

The rest of the Bill varies widely, much of it giving the police new powers to obtain digital information (including lowering the standard required to get a warrant to obtain such information from having "reasonable and probable grounds to believe" a crime has been committed to having "reasonable grounds to suspect" a crime has been committed). And let's not forget the provisions about obtaining production orders against financial institutions for banking records.

But, wait, there's even more.

One section of the bill makes it illegal to use a device to hook up to a telecommunications service without lawful payment. It’s not clear whether computer programs count as a device, or if the proposal could be broad enough to punish something as common as hooking up cable without paying for it or accessing a locked Wi-Fi signal. 

Now whether or not these amendments are "good ideas" is not really the point.

No, the point is this - how dare the government try to sneak in all these totally unrelated criminal provisions under the heading of "protecting children from cyber-bullying"? And how dare the media go along with that characterization, happily proclaiming the new legislation as being about protecting our children from cyber-bulling, full stop, until someone stood up and demanded that the truth be made known?

This is so whether or not one thinks these amendments are a good idea. And I say that despite the fact that one, in particular, I do believe is a very good, appropriate change. Just not one to be characterized as above.

You see, one of the amendments expands the definition of “identifiable groups” that can be the subject of hate speech to include a person’s age, sex, mental or physical disability and national origin. And this particular change, I firmly believe, is a very good thing.

One of the reasons why the writer of this vile hate-filled "letter" could not be prosecuted was because individuals with physical or mental disabilities were not included as an "identifiable group" under sec. 318 of the Criminal Code.  You see, while it is a crime in Canada to "advocate or promote genocide" based on colour, race, religion, ethnic original or sexual orientation, neither age, race, sex nor physical or mental disability was included. From which one can only (wrongly) presume that it is, indeed, okay with Canadians to advocate killing off, amongst others, persons with disabilities.

That it was only after this incident that the government stepped up to amend that section is sad. But the fact that they are willing to do so now is a good thing. Although apparently they were not so anxious for anyone to actually realize they are doing a good thing ... after all, they could have scored points with many Canadian citizens had they proclaimed the fact that they were making this change instead of hiding it among so many other hidden amendments.

By the by, no one should have any trouble with this particular amendment, should they?

Well, the British Columbia Civil Liberties Association, of all people, apparently is not in favour of this proposed amendment.

“Imagine your rant about children today. Your rant about men this, women that. The question is what on earth is contemplated here,” said Vonn. 

“Which is not to condone hate. We don’t do that. But we are talking about some very serious provisions of the Criminal Code. 

In particular, Vonn said she has heard concerns from the Palestinian community that protecting national origin could criminalize harsh criticism of Israel.

Perhaps some legal education is called for here.

First of all, "rants" are not criminalized. Neither before this proposed amendment nor afterwards.

What is (and, just for the record) has been criminalized) is "advocating or promoting genocide" and "publicly stirring up and inciting hatred" against an identifiable group. So unless someone would believe that you're seriously calling for the death of all children or all members of the (presumably) opposite sex you should be okay.

And about those Palestinians - correct me if I'm wrong (and I know you will) but aren't chances pretty good they were already covered by the term "ethnic origin"?

Then again, should I really be surprised?

After all, we have a government that is unethical enough to try to put this one over on the very people it has been elected to serve and a media who was either too complicit or too stupid lazy to actually do its homework (as in, actually read the proposed legislation) and initially call foul.

Why would I expect the BC Civil Liberties Association to be any better? My bad.

* The much-belated recent police investigation falling, in my mind, in the category of "Too Little. Too Late."

Just Another 'Pittance in Time'

I don't know if anyone else noticed, but it appeared to me that following 9/11, we experienced an upswing in patriotism in Canada.

Okay, maybe "upswing" isn't quite the word ... the majority of Canadians always have been patriotic but pre-9/11 it was a very different kind of patriotism. A quiet patriotism that we held in our hearts and shared quietly with one another but that we seemed to feel no need to shout from the rooftops.

As I said, that seemed to change after the horrific events of Sept. 11, 2001.

More flag-waving, more open expressions of pride in our country. And more poppies. Definitely more poppies.

Remembrance Day seemed to become revitalized and take on a larger, broader meaning. And I was am a big fan of this change.

Sadly, though, I am wondering if that more open expression of pride and appreciation for our country (and those that serve in its name) is starting to ease off just a bit - at least in connection with Remembrance Day.

I hope not. I pray not.

LEST WE FORGET

Lest We Forget

Once upon a time, I use to post on the anniversary of 9/11.

The fact that I haven't recently doesn't mean that I no longer care or have somehow lost interest ... no, I believe it just somehow summarizes the present state of my life.

But when I came across this video for the very first time today, it having been posted on the Super Secret Neptunus Lex Face Book page, I knew I simply must share it with you. Before it is swallowed up once against in the mist of cyberspace.

And so I shall. 

It is beautiful, hauntingly so; don't you agree?

There's a hole in the world tonight. Don't let there be a hole in the world tomorrow.

Standing Up for Human Rights in the Disability Community

I have waxed poetic (or, hopefully, at least semi-poetically) on the subject of human rights several times over the years on this blog. And yet it will come as no surprise to those who really know me that my true passion in the area of human rights involves the disability community.

On my legal blawg, I have discussed at length a variety of issues, including education, transportation, recreation, employment, medical care or housing - all of which, bottom line, deal with the right to equality, the right to have the same access to the same services and (even more importantly, the same opportunities) as everyone else,

Yes, there will always be those that have it worse than you and I, than mine and yours. But just think of what it must be like to live with a disability in a third world country or a country where you are, irrespective of your disability, of the *wrong* gender or race. Then again, come to think of it, you could be an Aboriginal child with a disability living right here in Canada. Think of how much worse your life could would be.

But that really isn't the point, is it?

Of course not - the point is that no matter where we live, no matter who we are, we are all entitled to the same basic human rights. Not because the government of the day happens to agree or because we live in relative wealth, but because of one simple, inescapable fact - male or female, old or young, no matter our race or gender identity or sexual orientation or any other difference, no matter where we happen to live on this earth ...

We.

Are.

All.

Human.

And yet, simply *having* these rights is obviously not enough. Like any other "right", such rights would be meaningless without a mechanism of enforcement.

And as I turn my mind to the legal world, to "the law", I can only sincerely and humbly thank those who had the grit, determination and drive to realize the obvious and fight to have those rights enshrined as part of our law. And, in Canada's case, not just as part of the law. but as part of the highest law of the land, our Constitution.

But, sadly, two steps forward and one step back seems to be the way of life in so many ways. For even though sec. 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is "equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability" and even though Canada is a signatory to both the Universal Declaration of Human Rights and the United Nations Convention on the Rights of Persons with Disabilities, we are still forced to stand up and fight for these rights over and over, right here in Canada.

So it is that I can only offer my eternal gratitude to those, both inside and outside the disability community, who have stood up to demand that these rights be, not just recognized, but given real meaning; to those who have stood up for the rights of our parents, our siblings, our children, our friends, ourselves.

But as I write this I realize that what concerns me, personally, most of all in this matter are those in the disability community who, for whatever reason, will not stand up and be counted, not stand up and be heard, not stand up and support others in their fight for equality. For it is only if we all stand together that any one of us can be truly successful. And so I leave you to ponder the famous words of Martin Niemöller:

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Just Call Me Juliet

Who, me??

You are Juliet from Shakespeare's Romeo and Juliet. You are a romantic, but are not afraid to stand up for what you want. While you believe in happily ever after you are no damsel in distress and have a strong mind.

Often considered one of the greatest love stories of all time, Romeo and Juliet is one of Shakespeare's most famous plays. This tragic play was first published in 1623. Shakespeare is one of the most well-known playwrights in Western literature. He wrote tragic, comedic and historic plays as well as poems and much else.

Okay. Maybe. 

What about you?

Wow, what a great video! You tell them, Megan.

   

So what say you?  Let's distribute this far and wide.

Share it on your social networks. Share it with your friends. Show it to your children.

But, most important of all ...

Do. Not. Limit.

Anyone.

H/T to Ashley's Mom at Pipecleaner Dreams

Cross-posted at A Primer on Special Needs and the Law 

When Words Fail Me ...

This video speaks for itself.

But the saddest scariest thing is this woman is not alone. She may be the only one brave enough to actually type and deliver such a letter, but I can guarantee you she's not the only one who thinks such thoughts.


 


Perhaps most of those who do would never suggest that a child, any child, should be euthanized or his "non-retarded body parts" donated to science. But they wouldn't hesitate to express their belief that such children should not be going to their neighbourhood schools, should not be participating in the same extracuricular activities as their "normal" children do; perhaps, even should not be taking up scarce dollars in our healthcare system.

We would like to believe that human beings are inherently good. That, most of the time, if we just give them the chance, they will do the "right thing".  Maybe we're right - maybe most are.

But something like this has to make a parent wonder how many more monsters are hiding in the darkness or behind the annonimity of their keyboards. And shudder at the thought.

H/T to Krista Lettues for the video

Cross-posted at A Primer on Special Needs and the Law

NOT Giving Up the Ghost

Nope. Most definitely NOT Giving Up the Ghost.

But, maybe, just maybe, giving up all pretense that this is, in fact,an active blog. Because, really, it's not been looking much like one lately. And, were I to be completely honest with myself [and if not me, then who??], it hasn't for quite some time.

Don't get me wrong. It's not like the blog is actually going anywhere.

No, Free Falling is not going to disappear, fall off the face of the earth or anything like that. It will continue to ... well, Free Fall, I guess. And that is why I am making a point of most emphatically stating that I am NOT Giving Up the Ghost.

But, once upon a time, I use to write about politics and current events. A fair bit, in fact, if my Blog Archive does not deceive my eyes. Alas, not so much [cough, cough] now. But I have decided to make a conscious decision [Did that even make any sense??] to cut myself some slack about that. A lot of slack, in fact. It is what it is and I am (finally) prepared to accept that.

Although, as an aside, I must say that I do have to wonder if I am just shouting into the abyss right now with no one to hear my words but myself. Once upon a time, I use to have regular readers, you see. But now, perhaps not so much. Of course, once upon a time, I also had Lex's readership to draw upon. Again, sadly, now not so much.

Just for the record, I haven't given up blogging, though. A Primer on Special Needs and the Law is still going strong. Which reminds me, if anyone is out there interested, I can cross-post my second 5 Minutes of Fame television debut for you to take a peek at.

But back to the topic at hand.

Then again, I guess I have pretty much summed up the topic at hand. The blog will still be here. And I imagine I will post from time to (unspecified) time. Just because I can.

It's funny; I've never thought of myself as vain and yet I must admit I really do enjoy ~ looking ~ at my blog. I like to make it pretty (must be a gurl thing). So who knows ... I might just find myself changing the background around more than I do posting. And if so, so be it.

Oh yeah, there is one other thing I like to use Free Falling for besides actually, you know, blogging at. It's a great place to keep my own blog roll in one place. Although, were I to be honest, I haven't been using that much lately, either.

But we shall blame that on Facebook - giant time suck that it is; yes, we shall. And, of course, it doesn't help any that I now boast not one, but two Facebook business pages, both clamoring for content at all hours of the day and night.

But, hey, just to prove that Ye Olde Blogroll is still alive and well, I added a new blog to it the other day. [Quick game - can you guess which one it is?] Now, if I can just make sure I get here to actually read them.

And, of course, lest we forget (and I know I never shall), this little spot in cyberspace also boasts The Best of the Best of Neptunus Lex. 'Nuff said.

And so I bid you a fond adieu (at least for now).

And leave you with this naval aviation video.

                         

Just because I can.

UP UP and AWAY

Cuz that's what I did.  I found myself an aeroplane and flew up, up
and away.

It's off to Winterpeg I went (thank goodness it's not winter!!). For my niece's wedding. And for to finally meet the world's cutest little great-niece.

Pics to follow ... I can't seem to figure out this silly I-pad. :(

The End

When Up is Down and Down is Up

Good drugs ... let's admit it, we're all looking for some, right?
Okay, maybe some of us more than others.

But I am definitely looking for a good drug at the moment.

A new drug.

One that won't make me sick. 
One that won't make me crash my car. 
Or make me feel three feet thick. 

One that won't hurt my head.
One that won't make my mouth too dry.
Or make my eyes too red.

One that won't make me nervous ... 

Well, you know the rest.

Here's the thing - we're playing with my MS drugs at the moment. Upping this one and downing that one. And some days, like today, it feels like a real roller coaster ride.

So tell me, does anyone know?
Did Huey ever find that drug he was looking for?

Cuz, if so, I'm thinking he better be willing to share.

Or else, things might just get a wee bit ugly around here.
And trust me, nobody wants to see that.

A Slice of Americana Canadiana

An actual conversation between myself and HWWNBN late last night:

HWWNBN: Why are my papers (various quotes for building material that he left on a coffee table) all messed up? 

MMC: Because they were on top of the coaster I needed. 

MMC: But why are the papers on the table, anyway? 

HWWNBN: They're quotes ... (indignantly) 

MMC: Yeah, but you've already bought the stuff! 

HWWNBN: Yeah ....   

MMC:

HWWNBN:  They're garbage. 

MMC: So let me get this straight - you left your garbage on the table instead of throwing it out? And now you're complaining because somebody messed up your garbage? 

HWWNBN:  

MMC: Seriously?? 

HWWNBN: 

At any rate, I am pleased to report that when I got up this morning the garbage, excuse me, his papers were gone from the table.

D-D-D-D-Done Did

Remember that project I really had to get going on? The one I posted about a year ago? Yeah, that one.

Well, I am pleased to report that it is now, finally
DONE DID. **

Yep, that's right - it only took me one year from the time I first posted (aka 14 months after the Blue Jay actually turned 19) to get this far.

But, hey, in my defence, I now have an actual COURT DATE. For next month.

I know, hard to believe, isn't it?

Although, also in my defence, the delay was not entirely my fault (she proclaims loudly, for all to hear).

One good thing that has come out of the process of applying for guardianship of the Blue Jay, on my own, is that I now definitely have a greater appreciation of the struggles faced by those families who choose to proceed unrepresented in a guardianship application (with the help of my Kit, of course).

Struggles such as having to coordinate affidavits between two different doctors. And, more importantly, having to find some sucker good-hearted lawyer soul willing to swear those (and other) affidavits, pro bono like.

And, not just pro bono, but actually, like, willing to attend at the doctors' offices. Because, believe it or not, doctors do not attend at lawyers' offices. Oh no, lawyers attend at doctors' offices. And never the twain shall meet. Let's just be clear about that.

And hey, who knew? Besides the fun involved in actually figuring all that out, that can, in fact, take just a little bit of time.

But, at any rate, I am very pleased to announce that I have made it this far.

Particularly because, going forward, the matter really is pretty much out of my hands. We have a court date set, you see. Which means the day (only a few weeks hence) will dawn (whether I like it or not) and I will be completely prepared because, really, what choice do I have?

That's right ... it is now officially out of hands.

Which, really, come to think of it, is no doubt a very good thing.

** No, it may not be a DONE deed. 
But I DID, indeed, get to the point where it is out of my hands. 
So there. Take. That.