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What Constitutional Rights and Freedoms have been obstructed or ignored during this pandemic?

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4 years ago

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BY SIMONE J. SMITH

“Currently, it is illegal to go to the gym, yet, the Toronto Maple Leafs can train and Olympians can train. Why are the gyms not allowed to open? There seems to be a different set of rules, for different sets of people.” Ryan O’Connor

Something that this pandemic has taught me is that many of us living in Canada are ignorant of the law. I get it. Aspects of the law are confusing, and you might find it mentally taxing. It is filled with what I call unnecessary jargon, meant to confuse and deter those who are not able to understand the rhetoric. It is no wonder that many of us are heeding to laws that we don’t know are unconstitutional. How would we know?

This is why I reached out to Ryan P. O’Connor a partner at Zayouna Law Firm. I wanted to speak with someone who would be able to sift through the noise, and expose information that will help many of us in the community navigate through this pandemic.

The team at Zayouna Law firm have dedicated their time to serving seriously injured clients. They provide legal services for commercial litigation, and have experience in both dispute and litigation needs. From my experience with Ryan, I see that as a team, they take the time and go the extra mile to become personally acquainted with their clients. During our interview, Ryan made me feel comfortable. I didn’t feel intimidated during our discussion, and he took the time to educate me so that I would be able to educate the community.

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Ryan is an experienced litigator, and advocates for clients in areas such as: personal injury, insurance, employment, libel and defamation, and appeals. What brought us together is Ryan’s interest in public affairs and public policy. He assists by advising clients in regulatory and compliance matters involving federal and provincial legislation.

This is not his first time in the public eye. He has appeared in the media commenting on legal matters in relation to his area of expertise.  His most current case is a constitutional challenge on behalf of a gym in Kitchener.  As many of us know, independent gyms have been forced to close, even though gyms that house professional sports athletes have been allowed to stay open. Special Olympians are not allowed to train, and this has had an impact on members of the disability community.

“I have a COVID-19 Advisory Practice, and I completely understand why businesses are confused. Rules seem to change every couple weeks. A lot of businesses don’t know their legal options because the rules are so arbitrary. It is illegal to go to the gym, yet the Toronto Maple Leafs can train, and Olympians can train. Why are the gyms not allowed to open? There seems to be a different set of rules, for different sets of people.”

When I heard about what he was doing, I arranged a meeting to learn a little more about our constitutional rights and freedoms, and to share with the community some of that information.

A big topic of public discussion is masks. “Ryan,” I began. “What should people and businesses know about masks, and the laws that govern wearing masks?”

“The first thing we must know is that municipalities have different masking by-laws. What I can tell you is that a business does not have the right to ask you why you are not able to wear a mask. They do not have the right to ask you personal health questions. If you have a medical issue, or a mental health issue, a business has no right to have you expose that in public.”

My next step was to research and learn the Human Rights Code Issue. This ensures and promotes the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.

When it comes to masks, the bylaw making the wearing of masks inside businesses mandatory in Toronto, Bill 511 (“Bill”), contains a number of circumstances in which an individual is exempt from the requirements to wear a mask:

  • Children under the age of two
  • Persons with an underlying medical condition which inhibits their ability to wear a mask or face covering
  • Persons who are unable to place or remove a mask or face covering without assistance
  • Employees and agents of the person responsible for the establishment within an area designated for them and not for public access, or within a physical barrier, and
  • Persons who are reasonably accommodated by not wearing a mask or face covering in accordance with the Ontario Human Rights Code.

Additionally, section 2(d) of the Bill states that proof of any exemptions are not required to be provided to the employer or establishment.

It is interesting to me that even though these laws are clearly stated, many of us are blindly disobeying them. Many employers don’t realize that given the nature of the exemptions related to underlying medical issues, refusing service to those who are unable to wear a mask could result in consequences with the Human Rights Tribunal of Ontario (HRTO) on the basis of disability. An employer could become liable for human rights damages should they demand evidence of any disability-related exemptions as a condition to permit entry.

YOU should not experience harassment or other discriminatory treatment based on a Code ground because you are unable to wear a mask, or choose to wear, or not wear, a mask, based on advice from public health officials. Everyone involved should be flexible and explore whether individual accommodation is possible. This includes providing alternative ways a person might safely continue to work, receive a service or live in congregate housing.

I was curious; what other constitutional rights have been obstructed or ignored during this pandemic. Ryan introduced to me Section 15 of the Canadian Charter of Rights and Freedoms, which states:

  1. (1) 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.

“What this means,” Ryan explained, “is that every individual in Canada, regardless of: race, religion, national or ethnic origin, colour, sex, age, physical or mental disability, is to be treated with the same respect, dignity and consideration. Governments are not to discriminate on any of these grounds in its laws or programs.” 

This made sense to me. It is why in the masking by-laws, there are exemptions given. Upon further research I learned that the government must not discriminate on any of these grounds in its laws or programs. The Supreme Court of Canada states that the purpose of section 15 is to protect groups of individuals who suffer: social, political, and legal disadvantage in society. Discrimination occurs when a person (in this case someone who cannot wear a mask) is denied opportunities (going into a store) available to other members of society.

Another infringement that occurs when asking someone why he or she can’t wear a mask is a person’s right to privacy.

In 1948, the General Assembly of the United Nations adopted and proclaimed this right to privacy in Article 12 of the Universal Declaration of Human Rights. Article 12 states; “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Now, there are so many directions I can go with Article 12, but in this moment, we will remain focused on infringements to our current freedoms. Privacy is “the right to be let alone.” The Oxford dictionary defines privacy as a “State in which one is not observed or disturbed by other people.” Being asked in a public space (Superstore, Costco, Shoppers Drug Mart), why you are not able to wear a mask goes against your right to privacy.

“The issue,” Ryan continues to explain, “is the lack of public education. It is illegal for business owners to ask someone why he or she is not wearing a mask. People are not educated. They are conforming to rules that don’t exist.”

 It is good to know that there are some freedom fighters working on behalf of the people. Our job is to learn about our rights and freedoms, and to ensure that they are being upheld.

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We, as humans are guaranteed certain things in life: stressors, taxes, bills and death are the first thoughts that pop to mind. It is not uncommon that many people find a hard time dealing with these daily life stressors, and at times will find themselves losing control over their lives. Simone Jennifer Smith’s great passion is using the gifts that have been given to her, to help educate her clients on how to live meaningful lives. The Hear to Help Team consists of powerfully motivated individuals, who like Simone, see that there is a need in this world; a need for real connection. As the founder and Director of Hear 2 Help, Simone leads a team that goes out into the community day to day, servicing families with their educational, legal and mental health needs.Her dedication shows in her Toronto Caribbean newspaper articles, and in her role as a host on the TCN TV Network.

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Community News

Urban Alliance on Race Relations celebrates and highlights Racial Justice Award recipients

Published

3 days ago

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December 19, 2024

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BY PAUL JUNOR

It has been almost 40 years since the Urban Alliance on Race Relations (UARR) has been at the forefront of: promoting tolerance, social justice, racial equity and fairness. Since it was formed in 1975, they have celebrated and recognized changemakers in the fight for racial justice in diverse sectors such as: health, labour, government, education, arts, media, environment, and justice.

On Saturday, December 7th, 2024, there was a great turnout at the 2024 Racial Justice Awards Night held at The Estate Banquet & Event Centre in Scarborough. In attendance were many community supporters, civic officials, long-time racial justice warriors, and individuals from diverse ethnic groups.

UARR is grateful for all the sponsors of the Racial Justice Awards Night Celebration. It notes in its email to its supporters on Tuesday, December 3rd, 2024, the importance of its sponsors including:

  • United Food and Commercial Workers (UFCW) of Canada, UFCW, Local 175
  • The International Brotherhood of Electrical Workers (IBEW) Local 353
  • Unite Here! Local 75
  • Toronto & York Region Labour Council
  • Canadian Labour Congress
  • The Coalitions of Black Trade Union (CBTUL)

“Your sponsorship plays a vital role in shining a light on individuals and organizations driving equity, justice, and change in our communities. This celebration is more than an event, it’s a movement. Thanks to your support, we’re: honoring changemakers, amplifying unheard voices, and funding initiatives that break down systemic barriers.”

The categories and names of the awards and recipients were:

Racial Justice in Arts: Hannia Cheng

She is an artist and cultural worker who co-founded Unit 270, a DIY gallery and multi-purpose grassroots community hub in Chinatown Centre.

Racial Justice in Labour: Vanessa Story

She is the founder of the Black Youth York Region and co-founder of the York Communities for Public Education coalition.

Racial Justice in Education: Shannon Simpson

She is Senior Director of Indigenous Initiatives at the University of Toronto.

Racial Justice in Environment: Dr. Ingrid Waldron

She is a Professor and HOPE Chair in Peace and Health in the Global and Peace and Social Justice Program in the Faculty of Humanities at McMaster University.

Urban Alliance of Race Relations Agent of Change Award: Kirk Mark

He is the Equity, Diversity and Inclusive Consultant at KIRK Mark & Associates.

Racial Justice in Media: Amanda Parris

She is an award-winning writer, tv host and producer, and former host of CBC Arts Exhibitionist.

Racial Justice in Health: Camille Orridge

She is former CEO of the Toronto Central Local Health Integration Network (TCLHIN).

Racial Justice in Government: Amira Elghawaby

She is a journalist and human rights advocate who was appointed in January 2023 as Canada’s Special Representative on Combating Islamophobia.

Racial Justice in Justice: South Asian Legal Clinic of Ontario (SALC0)

This legal clinic supports low-income South Asian people in Canada.

The funds raised from the Awards night will be going toward the work of the Diversity Youth Fellowship Program. This innovative and creative program is directly involved in enabling racialized youth to get paid experience working in municipal governments and at various public policy making organizations across Canada.

The performers at the event included: Katheen Zaragosa (a Filipino music performer), Rithika Jeristus & Maya Jeristus (Bharatanatyam dancers) and Yasmin Said (spoken word artist)

UARR is looking forward to its 50th anniversary celebrations in 2025 and shared five of its strategic priorities for the next 10 years including:

  • Employment and economic opportunity: The goal is to foster inclusive workspaces and economic opportunities.
  • Education: The goal is to promote racial equity in education and research.
  • Communication: The goal is to expand public awareness and reach to amplify our stories.
  • Community engagement and outreach: The goal is building community capacity and convening towards change.
  • Truth and reconciliation-relationship building and supporting calls to action. The goal is to strengthen our solidarity and action towards truth and reconciliation.

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Community News

What is it about those short videos that keep us captivated? Oh! Yes! Our short attention span

Published

3 days ago

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December 19, 2024

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BY KAHA GEDI

As our attention spans decrease, short form videos are becoming more popular. From TikTok, to YouTube Shorts, to Instagram Reels, these “snack sized” videos have positive qualities alongside the bad. Mainly we want to know what makes them so effective, and why are they becoming the go-to choice for both viewers and marketers? In this article, I will be discussing how these videos have received such popularity worldwide.

First, we need to understand what counts as and what is short-form content. According to blog.hubspot.com, “Short-form videos are videos that are less than 60 seconds long.” However, some marketers and content creators agree that short-form videos can be up to 3 minutes. “They are videos that deliver information in a ‘digestible’ format so that viewers can quickly watch and save content if they’re in a hurry or enjoy it.” Now, I’ll talk about the main reasons why these videos are so popular.

First, our attention spans have gone down exponentially. Dr Gloria Mark has written a book called “Attention Span,” and she says her research indicates people’s attention spans have been shrinking over the last 20 years. According to the same article Dr. Mark said that “Back in 2004, we found the average attention span on any screen to be two and a half minutes on average. Throughout the years, it became shorter. So, around 2012, we found it to be 75 seconds. Then in the last five, six years, we found it to average about 47 seconds.” So, it’s notable that our attention spans started out longer but then decreased over time.

Secondly, these videos have become cheaper and easier to make. Unlike long-form videos, which require extensive: planning, editing, and storytelling, short-form videos are simpler. To the point where they can even be shot on a smartphone. For example, DuoLingo, the app that helps learn new languages, went viral on TikTok a long time ago by posting funny, low-budget videos that resonate with millions. Like a video of a DuoLingo plus being: tossed down the stairs, sitting outside on a rainy day, or being soaked by the shower with the title “When you ignore my notifications.”

Lastly, they provide valuable information in a short amount of time, and they are easily accessible. According to a recent Adobe Survey, two in five Americans use TikTok as a search engine, and nearly one in 10 Gen Zeers are more likely to rely on TikTok than Google as a search engine. This isn’t always reliable for real news because anyone can claim to be an expert, and you wouldn’t know if they’re telling the truth. So, even though they give valuable information in a short time, they can also give misinformation or mislead you.

Short-form videos have changed how we watch and learn things. They fit our short attention spans, are easy to make, and share information quickly. Even though they’re fun and helpful, they can also spread false information or leave out important details. Even with these problems, short-form videos are here to stay, so we should use them in proportion, but also enjoy the benefits.

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Dr. Edward McInnis on the Importance of Preventive Care in Family Medicine

Published

3 days ago

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December 19, 2024

By

Photo by National Cancer Institute on Unsplash

Preventive care is a cornerstone of modern healthcare, emphasizing the importance of addressing potential health concerns before they escalate into severe conditions. By focusing on proactive measures such as regular screenings, vaccinations, and lifestyle counseling, preventive care offers individuals and communities the opportunity to achieve long-term wellness.

Below, Edward McInnis highlights the transformative potential of prevention in reducing healthcare disparities, alleviating systemic challenges, and ensuring that every individual has the tools and access needed to lead a healthier life.

Understanding Preventive Care in Family Medicine

Preventive care in family medicine focuses on proactive measures to maintain health and prevent illness before it occurs. This approach emphasizes regular health evaluations, screenings, and interventions that identify potential issues early, reducing the likelihood of severe complications. Preventive care fosters long-term well-being by addressing risk factors and promoting healthier lifestyles while minimizing the burden of chronic diseases.

The philosophy behind preventive care aligns with the idea that staying healthy is more effective and less costly than treating illnesses after they arise. Early detection of conditions such as hypertension or high cholesterol allows patients and physicians to manage these issues effectively, preventing them from escalating into more severe health problems. Beyond individual benefits, this care model contributes to healthier communities by reducing the overall demand for healthcare systems.

Benefits of Preventive Care for Individuals and Communities

Preventive care profoundly impacts individuals and the broader community by addressing potential health concerns before they evolve into severe conditions. Early detection through routine screenings can significantly lower the risk of chronic illnesses such as diabetes, heart disease, and certain cancers. This improves individual health outcomes and reduces the emotional and financial toll of managing advanced diseases.

Communities prioritizing preventive care experience a ripple effect of healthier populations and reduced strain on healthcare resources. When more people engage in regular check-ups and adopt healthier habits, the prevalence of preventable conditions drops, creating a collective benefit. Individuals who invest in their health through preventive measures often enjoy longer, more active lives, positively influencing families, workplaces, and society.

The economic advantages of preventive care are undeniable, as early intervention typically costs far less than treating advanced illnesses. Vaccination programs, such as those targeting seasonal flu or childhood diseases, can drastically curb outbreaks, saving lives and reducing medical expenses. These benefits demonstrate how preventive care is a cornerstone of sustainable and effective healthcare systems.

Core Preventive Services in Family Medicine

Family medicine emphasizes various preventive services designed to address health needs across all stages of life. Regular health screenings, such as blood pressure and cholesterol checks, are critical in identifying silent health risks. These assessments provide actionable insights that allow individuals to make timely adjustments to their lifestyles or begin treatment when necessary.

Vaccinations are another cornerstone of preventive care, protecting individuals and communities from infectious diseases. From childhood immunizations to seasonal flu shots, these interventions safeguard personal health and prevent the spread of illnesses within larger populations. Counseling services, including guidance on nutrition, exercise, and stress management, empower patients to take an active role in their long-term well-being.

The Role of Family Physicians in Prevention

Family physicians play a pivotal role in fostering preventive care through their ability to build lasting, trust-based relationships with patients. These relationships enable them to understand not just medical histories but also lifestyle factors, family dynamics, and social determinants of health. This comprehensive knowledge allows physicians to craft personalized preventive strategies that resonate with each patient’s unique circumstances, ensuring a more practical approach to maintaining health.

Beyond individual care, family physicians act as educators, equipping patients with the knowledge to make informed health decisions. Whether discussing the significance of regular screenings or addressing misconceptions about vaccines, their guidance helps patients take ownership of their health.

The continuity of care provided by family physicians also ensures that preventive measures are consistently monitored and adjusted as needed, fostering long-term well-being. Their ability to provide holistic and deeply personalized care sets the foundation for healthier patients and communities.

Challenges in Accessing Preventive Care

Despite its proven benefits, accessing preventive care remains challenging for many individuals and communities. Financial barriers, such as lack of insurance coverage or high out-of-pocket costs, often deter people from seeking preventive services. Additionally, limited awareness about the importance of early detection and health promotion means that some individuals may only prioritize preventive care once a health issue becomes severe.

Geographical disparities also play a significant role in limiting access. Rural and underserved areas frequently face shortages of healthcare providers, making it difficult for residents to receive consistent preventive services. In such regions, innovative approaches like mobile health clinics and telemedicine have emerged as solutions to bridge the gap. Expanding these efforts could help overcome logistical obstacles and ensure that preventive care reaches those most in need.

Cultural factors and mistrust of the healthcare system can further complicate access to preventive services. Addressing these challenges requires a multifaceted approach that includes community engagement, culturally sensitive care, and efforts to build trust between healthcare providers and patients. Strengthening health literacy and facilitating dialogue between healthcare institutions and the communities they serve are also critical steps in overcoming these barriers.

Promoting and Advancing Preventive Care

Advancing preventive care depends on raising awareness and fostering a culture that values proactive health management. Educational campaigns, workplace wellness programs, and school-based health initiatives encourage people to adopt preventive practices. These efforts create an environment where individuals feel empowered to prioritize their well-being, leading to healthier lifestyles and earlier intervention.

The integration of technology is revolutionizing how preventive care is delivered. Wearable devices that track physical activity, heart rate, and sleep patterns provide individuals with real-time data about their health, prompting timely action when irregularities arise. Similarly, data analytics and predictive tools enable healthcare providers to identify at-risk populations and deliver targeted interventions, improving outcomes on a broader scale.

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