All Tied Up at the Court of Appeal

  Grace Pastine

The BCCLA has started the year off with a bang by receiving leave to intervene in two B.C. Court of Appeal cases. The complainant in the Hayes case argued that the Vancouver Police Department discriminated against him by denying him a chauffeur's license because Mr. Hayes is Pagan and engages in BDSM sexual practices (bondage and discipline, domination and submission). The City of Vancouver (acting on behalf of the VPD) tried to have the case tossed by the Human Rights Tribunal on the basis that BSDM is not a form of "sexual orientation" as defined by the B.C. Human Rights Code.

The tribunal decided to accept the complaint for filing so a hearing could be held on whether the complaint falls under the Code. When the City applied to a court to try to overturn the Tribunal's decision to hold a hearing, the BCCLA intervened to say that the Tribunal was right and the City wrong to try to preempt the process. We said human rights laws need to be interpreted flexibly and expansively and that novel claims should be assessed on a full evidentiary record. We won at the B.C. Supreme Court and have received leave to follow the case to the Court of Appeal where we will again extend our advocacy efforts on behalf on the rights of sexual minorities. The Association is represented by Grace Pastine of Bull, Housser and Tupper.

The B.C. Privacy Commissioner recently released a report on municipal by-laws that require businesses to collect personal information of their customers and hand that information over to the police. No warrant, no individualized suspicion - just keeping a surveillance database and regularly reporting on who is using a variety of lawful businesses. The Privacy Commissioner came out adamantly opposed to these bylaws and one case on the issue is bound for the Court of Appeal.

Royal City Jewellers and Loans Ltd. is challenging the constitutionality of the New Westminister bylaw that requires pawnshops and secondhand stores to provide all clients' information to the police. We were not an intervenor in the court below, but have received leave to the Court of Appeal where we will argue that municipalities are overstepping their jurisdiction by legislating in respect of criminal matters, that the bylaw constitutes an unreasonable search and seizure and that it violates provincial privacy laws. Brent Olthuis of Arvay Finlay represents the Association.

The BCCLA continues to plug away at reforming the police complaint system. We met recently with Joe Wood, Q.C. who is drafting a report for government with recommendations for changing the system based on an audit of the system. As we have previously, we urged Mr. Wood to ensure that there is an independent investigation authority for the Police Complaints Commissioner.

We believe that the only way to maintain and enhance public confidence in the police is by giving civilian authorities the right to investigate serious complaints and incidents like civilian deaths while in police custody. The Association looks forward to responding to Mr. Wood's report publicly when it is released in February or March of 2007.

 
Racial Profiling Conference

A Special Invitation to a national conference on Racial Profiling to be held Saturday, May 12, 2007 at the Morris J. Wosk Centre for Dialogue, Simon Fraser University, Vancouver BC. Tickets are $25. Keynote Speaker: Professor Kent Roach (University of Toronto). In addition to Professor Roach, other confirmed speakers include:

• Professors David Tanovich (University of Windsor),
• Reg Whitaker (University of Victoria), Scot Wortley (University of Toronto),
• Frances Henry and Carol Tator (York University),
• Reem Bhadi (University of Windsor),
• Barbara Jackman, QC (Immigration and Refugee Lawyer) and
• Jameel Jaffer and Reginald Shuford of the American Civil Liberties Union.

If you are interested in attending this important event, please contact Sarah at sarah@bccla.org or call 604.687.2919.

  The Annual LaFontaine-Baldwin Symposium

Canadians have come to believe that the diversity we enjoy in our country is familiar and reassuring. But what about the future of a Canada which lives with difference but does not understand it? Is it necessary to prepare for a future in which contrasting values and expectations could clash? In A Society of Difference, Adrienne Clarkson reflects in a provocative and original manner on the challenges we must face individually and as part of the community we have created around us.

Adrienne Clarkson will deliver the LaFontaine-Baldwin Lecture at the Fairmont Hotel in Vancouver on Friday March 2 (900 West Georgia Street, 7 pm-9 pm), where she will present a vital discussion on citizenship and democracy entitled The Society of Difference.

Tickets $10.00
Contact: 604.280.4444/TICKETMASTER.CA

The next morning, Saturday March 3, Symposium Chair John Ralston Saul will lead a free Public Town Hall discussion at the Vancouver Public Library (Alice McKay Room, 350 West Georgia Street, 10:00 AM to 1:00 PM).

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