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Social Justice

Bias Human Rights Tribunal Decision makes proving race and age discrimination almost impossible for Black Canadians. Part 2

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BY BRITTNEY CHANNER

Welcome Back, Readers!

For those of you who are just joining us for the first time, this week’s entry is a continuation of last week’s edition that focused on discrimination practices within the hiring process. To quickly recap, my last entry discussed Philton Moore, an established lawyer who had the unfortunate pleasure of dealing with discrimination amongst his legal peers as he applied for a legal position at a well-known personal injury firm in Hamilton, Ontario.

Mr. Moore then proceeded to file an application under the Human Rights Tribunal of Ontario against the law firm in question citing that the firm was in violation of his rights under section 5 (1) of the code. Although it was proven in court that the firm was liable of discrimination against Mr. Moore, therefore allowing him to win his case, the ruling and reasoning given by the Vice Chair, is said to display a considerable amount of biases and did more harm for black Canadians, racialized lawyers, and minorities.

One of the decisions made by the Vice Chair surrounded the idea of racial discrimination and the law firms questioning of Mr. Moore’s educational background. When Mr. Moore submitted his application for the junior lawyer position at the law firm in question, it was apparent that there were no concerns with the content of his cover letter. However, once the staff were able to see Moore in person and realized he was not white, nor did he match their highly assumptuous expectations; questions regarding the validity of his education and English background progressed.

During the interview, senior staff revealed that his extensive qualifications did not matter in terms of obtaining a position at the firm; what mattered was if Mr. Moore was a right fit for the company. To some, the statement made may not seem too alarming, nevertheless, Moore was then questioned on his literacy and the grade he received in English while attending university. It is evident that one can deem the entire interaction as contradictory for several reasons. Since the firm stipulated that qualifications did not matter in obtaining the position, why would the senior staff question Mr. Moore on his grasp of the English language unless it was something that candidates needed to make them “qualified” for the position?

Also, as the firm continued their interview with other candidates who were white, it was determined that none of them were asked for their English grades or were under scrutiny about their knowledge of the English language. The senior staff in question admitted in court that she had no problems with Mr. Moore’s English, and yet, still found it necessary to question him on his abilities even though according to her, obtaining the job was strictly about “fit” and not about ones educational/linguistic qualification. It leaves one to think that race or racial stereotypical bias was the sole reason for her divergence into Mr. Moore’s’ education.

It is also important to note that Mr. Moore is an author for UK’s largest legal publishers, was offered to join Sweet & Maxwell’s editorial board, offered a book contract by UK’s second largest legal publisher and contributed to the Human Rights Handbook which are all exemplary examples that attest to his elevated skills of the English language and yet, all these important facts were “coincidentally” left out of the Vice Chair’s ruling which could have had a significant impact on the case overall.

The decision made by the Vice Chair can be deemed harmful because it undermines an extensive amount of rulings that have made significant contributions towards the fight against discrimination of all kinds. In my previous article entries, I have consistently spoken about the importance of precedent and how it has the potential to sway or influence a judge or someone of authoritative power, like a Vice Chair in this situation, in their ruling as it assists them in deciding on complex cases.

A prime example of this can be seen in the Peel Law Association v. Pieters, 2013 case where discrimination was also the dominant subject matter and the advancements proving if discrimination is the “determinative” or major factor, whether the discrimination needs to be intentional and reversal of burden of proof when relevant documents to a case are destroyed. The Vice-Chair did not apply or reference any substantial cases including the one above that could have benefited Mr. Moore and future legal candidates who come from racialized backgrounds.

Due to this, the decision he made notes a considerable set back at the significant advancements that have been made within the fight against discrimination and essentially allows the Vice Chair to refer to his recent decision in future cases. At the moment, Mr. Moore is appealing the decision made in hopes that this decision is overturned and the advancements made by the Peel Law Association v. Pieters case stands.

To learn more about Mr. Moore and his journey to appealing the recent decision of the Vice Chair https://www.lawtimesnews.com/

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Social Justice

University of Toronto new law school initiative hopes to attract more black applicants

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BY BRITTNEY CHANNER

Hello Everyone!

I hope everyone is having a great start to their new year; accomplishing all the goals you have made for yourself. This week I want to speak about a great program initiated by the faculty of law at the University of Toronto with hopes of attracting more black students to apply to law school and succeed.

Last Tuesday, it was announced by the University of Toronto that they are launching a new program to increase the number of black law students. The program entitled, The Black Future Lawyers program is a close collaboration with the university, the faculty of law, the black students association and the black legal alumni; all with efforts to increase the black student enrollment within the law school. As a fellow law enthusiast myself, I can personally attest to the amount of times I have heard the phrase, “The law needs more colour”. As a matter of fact, over the summer, I wrote an article with that exact phrase as my title explaining the importance of colour in our legal professions.

A lack of black and brown faces amongst Canada’s distinguished laws schools continues to be a constant struggle every year. With either decreasing enrollment or lack of substantial resources, many students who are enticed by the law, regretfully turn their eyes away from pursuing a legal education. According to the Ontario Law School Application self-declared profile information, black students represent one percent of the students entering law school. However, the University of Toronto has made sufficient changes and hopes that their new initiatives will provide black students with the confidence and knowledge needed to succeed in the profession.

One of the several focuses of this program is to provide black undergraduate students who may be considering a legal education with access to workshops, information sessions, and financial aid advice along with mentoring from distinguished black lawyers and judges. Additionally, it has been established that the program will assist in teaching students about the benefits of law and explain what a career in it can provide. The program will also be of support to students who do get accepted into law school and need guidance on the necessary steps to take regarding class registration, available scholarships and generally trying to navigate the way as a law student.

The program is set to launch as of next year and along with having the regular academic and extra-curricular requirements needed to apply, black students can also provide an additional personal statement as part of their application which will then be reviewed by a minimum of three members of the black community. I must say, I commend U of T for actually creating a way to minimize the gap that has been created within higher learning by finding ways for marginalized and disadvantaged students to have a chance to partake in their profession of choice. I’ll be interested to see if other Canadian law schools follow suit and see how successful and beneficial the implementation of this initiative actually is. Until then, I guess we shall just wait and see.

On a side note, one of my personal goals for this year was to be honest and authentic with my feelings as I have always found that an area of struggle. When I first started writing for the Toronto Caribbean Newspaper, I always told myself, that I would cease writing the day I either became physically overwhelmed or lost my passion. Unfortunately, that day has come and this article that I write for you today will be my last. There are a number of reasons as to why I decided to take a step back, but without getting too deep into it all, I needed to take a moment to reflect on my life and figure out how I can passionately convey strong and meaningful messages without feeling depleted. I too also find that my mental health is not in the greatest of states and for that I will be using my time going forward to focus on practicing self-love.

I would like to thank all the readers who at any point sat down and listened to what I had to say, it means a lot. I hope at some point in my writing, I inspired you, educated you, or challenged you to think in a way that is different from your own. My goal in life will always be to stand up for social justice in all its forms and I hope that in my time writing, I caused you to do the same. And so I end with the cliché, this is not goodbye, this is just, see you later.

Sincerely,

Brittney A. Channer-Lawyer to Be

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Social Justice

The continued fight for justice; when the passion for it declines

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BY BRITTNEY CHANNER

Happy New Year Everyone!

We are finally in 2020. Another 365 days to make moments, achieve personal goals and ensure that we are left feeling fulfilled by the end of the year. I know how hard new years resolutions can be, so I therefore challenge you all to start with one resolution and focus solely on that for an entire year. Remember the goal is quality not quantity; as we try to better ourselves in every way possible.

This week, I want to discuss a moment of deep thought that occurred the other day pertaining to the very topic that I write about every week in this newspaper; social justice. For a year and a half, I have written about almost every social justice issue one can possibly think of. I did this because I felt it was necessary to introuduce matters of importance to the community and help establish solutions to issues that are sometimes difficult to find. However, I must admit, being a social justice intellect is exhausting; there, I said it! I have reached a point where I have become uninspired towards the fight for justice.

I am pretty sure this is not the response many of you were waiting to hear, but if we are going to talk about the issues at hand, we must discuss the heavy load that sometimes comes with them. As rewarding as advocating for social justice or those who are a part of disadvantaged groups can be, it can be emotionally and mentally draining solely due to how unfair this world actually is.

Every day when you turn on the news, there are multiple occurrences of injustice stemming from authority figures abusing their power, disadvantaged groups going without basic necessities or even the lack of equality amongst all people; leaving many wondering if justice is a figment of the imagination. Can we as a society achieve justice? With everything that is going on in the world, can we truly live to see peace and harmony established amongst everyone? I believe it is this very question that has caused many people to give up hope, desensitize themselves and eventually lose passion regarding fighting for what is deemed to be right.

Like every individual in this world, I am equally flawed and sometimes, it is difficult to stand strong in the principles you believe in especially when the common theme around you is to do the exact opposite or disregard human morality. Nevertheless, to ensure that one is consistent in achieving justice in all forms, one has to admit when they are tired; and that is what I did last week. Over time, the fight does get challenging and rigorous but despite it all, activism in this regard in still necessary.

After admitting to myself that I was tired, I forced myself to look at the bigger picture. Sometimes looking at the main goal as whole sometimes provides much needed insight and therefore prevents us from becoming dull or bored; especially when that goal is tedious to achieve. Nonetheless, during this brief moment I with myself, realized that the most powerful way to ensure that I do not lose the passion for attaining justice is to make sure I bring my love for it in everything I do and everything I touch. No matter how low I may be feeling, the fight for justice can only continue if I make sure that I bring as much enthusiasm and energy to it as I possibly can. Although this concept is easier said than done, the idea of it gave me the spark that I needed to try and continue my journey in helping others through legal knowledge.

Regardless if your goal is to fight for justice like me or achieve some other passion that you may possess, if in the event you do feel uninspired, remind yourself why you started in the first place; the bigger picture may surprise you.

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Social Justice

The lessons of 2019 as it pertains to justice

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BY BRITTNEY CHANNER

Hello Readers!

Welcome back to the final social justice entry for the year. 2019 has come and is almost gone, as we are about to venture into a brand new year filled with surprises.  As you know, our world is constantly changing and because of these changes, we are left open to many situations where rights of all kinds are violated or put in jeopardy. In the last twelve months I have focused on racial inequality, aboriginal issues, environmental issues and the concept of justice within my articles. Stories concerning abuse of power, age discrimination, and overall ways in which individuals can access justice have been prominent topics of focus for me.

As empowering as all those articles have been over the past couple of months, for my last edition of 2019, I decided to list the top three issues of concern that I believe should be placed on the forefront of our agenda as we enter the New Year. Achieving justice in many facets of society will always be a challenge; especially to those who feel and are a part of marginalized groups. Nevertheless, it is important to ensure that we continue to make proper strides in 2020 in regards to issues that affect us as a whole; this way we can ensure equality for all in all its forms.

Housing issue in the GTA

The lack of housing in the Greater Toronto Area, is of general concern only because its lack thereof progressively leads into another pertinent social issue; homelessness. Research suggests that the demand for housing is greater than the supply and because of this, many people are left without adequate housing or forced into areas with insufficient necessities. The housing gap has proved to be an important issue this year and will continue to reveal its ugly head in 2020 until proper solutions are created to combat this issue.

Climate change

Climate change has been discussed significantly over the years spawning attention from environmentalists all over the world. The increase of forest fires, flooding and melting glaciers, and unpredictable weather patterns all come with the concept of climate change. Damages to infrastructure such as the roads, due to thawing of ice, can lead to high costs of repair and therefore impact the cost of transporting food.

Additionally, climate change has a direct effect on animals as their ecosystems are either permanently eradicated due to human impact or changes in weather. For some, this may not be of direct concern, but the shift in climate has a direct effect on us all, especially those who live in communities that still look towards traditional hunting methods for food. It is imperative that we take a look at the impact of climate change and decipher ways we can reduce our ecological footprint.

Discrimination

While Canada prides itself on being a country that promotes an inclusive society where everyone is free to participate in the economic, cultural and social sphere, there are still occurrences of discrimination either based on race, gender or age. If we as citizens are committed to the reputation that our country stands on, it is imperative that we embody the ideals that make our nation stand out and choose to fight against discrimination and its occurrences. According to Environics Institute for Survey Research and their study on race relations, they determined that a majority of Canadians who are black (54%) or Indigenous (53%) have personally experienced discrimination due to ethnicity or race. Although Canada has attempted to introduce an Anti-Racism Strategy Engagement as of 2018 to combat the issue, the need for a stronger participatory role from the federal government in producing anti-racism work is necessary.

It is evident that the issues brought forth within this article are not the only matters of concern that need to be of focus. There are several other topics concerning justice that require discussion and analyzation. Nevertheless, if we as a society work together to ensure that these issues are addressed by using the power of our voices, I am certain we can create the change we want to see. It won’t be easy, and it won’t happen tomorrow, but equality is a reachable ideal.

From everyone at the Toronto Caribbean Newspaper, including myself, thank you for spending the last twelve months reading my articles. I appreciate the support dearly. Wishing you all a very safe and Happy New Year. See you in 2020!

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