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

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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.

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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Bill C-63 is the conclusive end to Canadians Freedom of Speech

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BY SIMONE J. SMITH

One “wrong” post on the internet, and you’re silenced… forever…

I have to admit; I am genuinely frightened by the federal government’s latest bill and its impact on OUR Freedom of Speech and Expression. This grim reality is something straight out of a science fiction movie, or at the very least, an online censorship law directly imported from an authoritarian regime like: China, Iran, or North Korea. “That can’t be happening here,” you say. Oh yes, it is.

Justin Trudeau’s (In) Justice Minister Arif Virani introduced Canada, and the world, to Bill C-63, the “Online Harms Act.” He is calling for a piece of legislation aiming to reduce online “hate” and “hate speech.” The definitions of “hate” and “hateful speech” are so vague that they could include almost anything: critical opinions, political commentary, even memes.

I get it. This might be in reaction to the fact that he has been at the receiving end of what could be called “hate speech.” An Angus Reid poll showed that the three most used words to describe Trudeau were: “arrogant,” “dishonest,” and “corrupt” with the fourth word being “charismatic,” which still doesn’t actually speak to a positive quality of his character.

Is this why there will be an update to section 318 and 319 of the CCC, that will introduce hate, or hateful speech as anything that “incites violent extremism or terrorism,” “incites violence,” and “foments hatred” (specifically)?

The implications are far-reaching and frightening since this bill will not just force social media and big tech giants to merely terminate your social media account. It’s a social media jail incarnate, where you will pay the physical price for sharing the “wrong” opinions by going to actual jail.

If the Trudeau Liberal government gets away with it, this will be the new normal in Canada. Let’s take a quick look at the proposed amendments:

  1. Update the Criminal Code of Canada (CCC)’s definition of “hate speech” and “hatred” to include ambiguous terms like “incites violent extremism or terrorism,” “incites violence,” and “foments hatred” (specifically section 318 and 319 of the CCC).
  2. Expand the federal bureaucracy by instituting a “Digital Safety Commission” (aka Canada’s very own Ministry of Truth) and a “Digital Safety Ombudsperson” to receive complaints about “hate speech” and enforce speech “standards” on internet platforms (Facebook, Twitter/X, YouTube, Instagram, Twitch, Rumble, etc.).
  3. Grant even more power to the Canadian Human Rights Commission, allowing them to force content removal and impose fines up to $70,000, with a maximum of $20,000 to the offended anonymous complainants. The same commission that labeled Christmas as “racist” last December.
  4. Raise the maximum punishments for “hate propaganda” to life imprisonment.
  5. Enact “protective measures” enabling a judge to act on anonymous reports of hate crimes by requiring accused individuals to wear an electronic monitoring device, undergo house arrest, be banned from public spaces, or have a restraining order against them.

It’s unclear how these claims of “hate crimes” will be verified, opening the floodgates for anonymous complaints from anyone, anywhere in the world.

If this bill passes, we could see media outlets like the Toronto Caribbean Newspaper lose our right to provide balanced, and transparent information, especially when it comes to what is going on in our world, the information that is quietly circulated behind your backs.

The passage of Bill C-63 could bring the Trudeau Liberals’ vision of turning Canada into a so-called “basic dictatorship,” one step closer to becoming an actual-livable reality, but in this dark time, there is still a glimmer of hope.

We’ve seen the massive public backlash against The Liberal government’s failed attempts to pass similar censorship bills over the last several years. This is why I am asking you to act now. If you don’t, you will lose the ability to openly discuss and debate important issues, first online and then in person.

Only with your help can we successfully defend all Canadians from authoritarianism and preserve OUR fundamental human right to Free Speech and Expression!

We want to help you voice your thoughts, and below I am going to show you how you can do this:

  • Find your MP’s official email address on the official parliamentary website, or their personal website.
  • Clearly state your concerns in a well-written and respectful email. Clearly articulate your concerns and provide your contact details for a follow-up. Include your name, address, and contact information for a more personalized response.
  • Engage with your MP on social media platforms like Twitter or Facebook. Publicly share your concerns and ask for their response or action.
  • Gather with members of the community who have similar concerns and schedule an appointment to meet with your MP at their constituency office. Face-to-face meetings can have a more significant impact as you can use the opportunity to voice your concerns in a public forum.

Remember to be respectful and clearly articulate your concerns when reaching out to your MP. We have to move past emotion and take ACTION. Providing factual information and potential solutions will strengthen your case. Additionally, encouraging others in your community to voice their opinions can contribute to a collective effort in influencing change.

REFERENCES:

Federal Politics: Conservatives open seven-point lead over Liberals as past PPC voters migrate to Poilievre

Liberals’ “online hate” bill contains $70K fines for speech and life imprisonment for hate crimes

https://www.cbc.ca/news/politics/online-harms-hate-crime-sentences-1.7128596

https://www.theglobeandmail.com/politics/article-justice-minister-defends-house-arrest-power-for-people-feared-to/

https://montrealgazette.com/news/national/virani-says-new-measures-meant-to-help-prevent-hate-crimes-will-come-with-safeguards

https://www.theepochtimes.com/world/feds-target-online-content-that-foments-hatred-in-new-bill-seek-steep-penalties-5595412

https://www.rebelnews.com/liberals_table_promised_online_harms_censorship_legislation

https://www.lifesitenews.com/news/trudeaus-online-harms-bill-threatens-freedom-of-expression-constitutional-lawyer-warns

https://www.parl.ca/DocumentViewer/en/44-1/bill/C-63/first-reading

https://em.citizengo.org/OTA3LU9EWS0wNTEAAAGRsmcQVWSchhVlH2Ays8BxQcP1xgK9KWmoK10MvOrCKgkK3zxb9g3G_qM7UDTgAByqcmm6YM8=

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Ring roars and adrenaline soars: United Boxing Promotions unveils another year of exciting fights

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Photo Credit: Jeff Lockhart

BY SIMONE J. SMITH

There was a palpable wave of anticipation sweeping through the air like an electric charge. The low hum of the crowd’s conversations intensified, creating a harmonious symphony of excitement. The atmosphere was charged with the promise of raw athleticism and unbridled competition. Spectators, perched on the edge of their seats, exchange animated glances and murmurs, their collective energy reaching a crescendo with every punch.

The scent of anticipation was thick, intermingling with the lingering echoes of bets being placed, and the occasional cheers that escaped from clusters of enthusiastic fans. The rhythmic thud of boxers’ footsteps reverberated through the venue, adding a primal heartbeat to the growing fervor.

As the announcer’s voice boomed over the speakers, introducing the contenders, the tension became almost tangible, creating an exhilarating prelude to the impending clash of skill and strength in the squared circle. The Great Canadian Casino Resort Toronto, usually synonymous with chance and risk, transformed into a cathedral of adrenaline, where every spectator becomes a fervent believer in the unpredictable dance of combat about to unfold.

Once again, the Toronto Caribbean Newspaper was invited to the Great Canadian Casino Resort Toronto for a night of incredible fights. When I arrived, the Featherweight fight between Michael Cabato, and Jorge Diaz was nearing its end. Although not privy to the actual fight, I was informed that Michael Cabato had erased the only blemish on his record – an April 2023 draw – with a confident unanimous decision win over Jorge Diaz in a rare rematch.

Thankfully I was just in time for the Cruiserweight fight between Milad Zareian and Edgar Gonzalez. Milad Zareian stopped the overmatched Edgar Gonzalez and moved to 2-0 in the process. Boxing lovers definitely have to keep an eye on the promising newcomer, as he gradually discovers his rhythm and asserts his presence in the ring. The initial nervous energy that I saw in his first fight had transformed into a composed and calculated demeanor, evident in the fluidity of his movements and the precision of their strikes.

His increased comfort is palpable, as he is learning to seamlessly navigate the space, and exhibiting a heightened awareness of his surroundings. This newfound confidence is not only reflected in his technical proficiency, but also in his ability to adapt and strategize.

I stood up and cheered proudly when fellow Jamaican Ricardo ‘Big 12’ Brown caught Rafael Abdala Sanchez flush in the first round, ending their heavyweight clash early. As the dominant presence of Big 12 Brown continues to cast a looming shadow over the heavyweight division, fans are wondering if there exists anyone capable of challenging this formidable force. The relentless dominance of Big 12 has raised concerns about the competitive balance within the division, prompting a collective call to thoroughly assess the landscape, and identify potential contenders who can stand up to the challenge. The future of the division hinges on the strategic decisions made by United Boxing Promotions in their quest to find the next worthy adversary.

In an unfortunate turn of events Natasha ‘The Nightmare’ Spence was unable to showcase her skills in her match that was set against Angelica Flores. Drama ensued when Natasha reached out to Melinda Watpool to step in, as a return favour for her stepping in last year when Melinda’s fight was falling through. Melinda said “No,” stating her reasons, and Natasha was not having that. She was given a chance to speak to her fans in the ring, and she called out Melinda for not returning the favour. I can appreciate her frustration, and I enjoy the fact that there has been a little drama brought to the ring.

The Co-Main Event was an exciting match between Billy Allington, and Mark Smither, IBO International Super Lightweight Championship. British battler Billy Allington won a feisty 10-round road decision over Barrie, Ontario crowd favourite Mark Smither. The win should propel Allington back into the mix for another shot at the British title, and he and his team were full marks for the road victory.

Smither could not find the offensive breakthrough against the veteran Allington over the second half of their championship fight, and there was no protest after the scores were announced. His fight goes to show that it is crucial for a fighter to avoid leaving the outcome of a match to the scorecards.

At 12-1 and still the reigning IBO Americas Champion, Smither has a number of intriguing local, national and international options available — to be considered after a few weeks of reflection with his team and promoter.

Then there was the main event, the beloved Sukhdeep Singh against Gino Godoy, IBF International Junior Middleweight Championship. Sukhdeep ‘Chakria’ Singh legitimized his contender status, stopping Argentine Gino Godoy with an emphatic right in the fourth round to win the IBF International Junior Middleweight Championship.

This emerging young champion is undeniably one to keep a watchful eye on. With each passing challenge, his confidence continues to soar, solidifying his status as a rising star. In a recent triumph, he has added yet another impressive feat to his growing collection of accomplishments. As he navigates his way through various arenas, it becomes increasingly evident that his: determination, skill, and unwavering spirit are propelling him toward greatness. The world eagerly anticipates the next chapters of his journey, recognizing the undeniable potential of this remarkable individual who seems destined for even greater heights in the days to come.

I have some other exciting news for you boxing fans; United Boxing Promotions today announced the company has signed two-time Caribbean Amateur Champion Jerone Ennis to a multi-year promotional contract. Ennis, a product of Denham Town, Kingston, will campaign at light heavyweight and news regarding his professional debut in Canada will be announced shortly.

“This is another step in our efforts to build Jamaican boxing, and sign the best Jamaican talent available,” said United Promotions president Tyler Buxton. “Jerone is an elite boxer and joins a stable full of the best talent the country has to offer.”

The 24-year-old Ennis has big goals in the professional ranks and hopes to follow in the footsteps of Jamaican stablemates Kemahl ‘The Hitman’ Russell and Ricardo ‘Big 12’ Brown. “My goal is to rise through the ranks and hopefully in God’s favour one day become the number-one light heavyweight boxer in the world,” said Ennis, who in addition to his Caribbean titles also won a bronze medal at the 2017 Commonwealth Youth Games. “Kemahl Russell and Big 12 Brown have always inspired me to become great, and I am happy to now join the United family where we will all push each other to get better.”

Owwwweeee! The start of the boxing year in Toronto has been an electric one; I can’t wait to see what United Boxing Promotions has in store for us next!

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Leverage every opportunity, build a network, and defy the odds; RBC launches their Black Entrepreneur Program

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Photo Credit: Way Home Studio

BY SIMONE J. SMITH

“I’m sorry, but we can’t approve your loan application. You lack a substantial credit history.”

“But I have a solid business plan and a clear vision,” you say with despair in your voice. You have worked so hard to put everything together, and once again, you feel shut out from your dreams.

It’s frustrating, I know. You are talented, educated, and motivated, but it feels like the system is working against you.

Starting your own business is a formidable endeavour laden with numerous challenges, especially if you are an African-Caribbean entrepreneur. One of the most formidable hurdles is the arduous task of acquiring the necessary resources, especially the difficulties with securing funding. Traditional sources (financial institutions) are often hesitant to invest in young entrepreneurs, and being African-Caribbean adds another layer of obstacles. This leaves young entrepreneurs grappling with a scarcity of financial backing, making it difficult to fund essential components like product development, marketing, and operational expenses.

Beyond monetary constraints: locating skilled personnel, securing a suitable workspace, and navigating the complex landscape of permits and regulations add additional layers of difficulty. Starting a business is tough for everyone, but as young African-Caribbean entrepreneurs, you must be resilient. This means seeking out community resources, grants, and mentorship programs.

I was impassioned when I received an email from an RBC representative sharing information about the recently launched Black Entrepreneur Program (BEP) committed to helping create opportunity, growth and equity for Black entrepreneurs.

The BEP has provided over $14.5 million in loans to date through the Black Entrepreneur Business Loan (BEBL) and the Black Entrepreneur Startup Program in collaboration with Futurpreneur (BESP). Beyond the loans, the program has facilitated over 8,000 interactions with Black entrepreneurs and clients, providing them with advice, resources and mentorship opportunities through RBC’s partner organizations and local events. Whether you’re a new business owner or a seasoned veteran they can help with advice, connections and banking solutions you need to get a new business started, or to grow your existing business to the next level.

They have a team that will guide you through all the steps to embark on your business journey—from planning to financing to launch. Their program for Black entrepreneurs aged 18-39 provides startup loan financing and up to two years of mentorship, plus access to resources and networking opportunities with fellow entrepreneurs across Canada.

They have also launched a tailored version of their core Startup Program specifically to help address some of the barriers to success faced by many aspiring Black entrepreneurs. They assist with:

  • Financing from $5,000 to $60,000 in startup loan financing (up to $40,000 of which is delivered by Futurpreneur, funded by RBC; and up to $20,000 loaned by BDC)
  • Up to two years of 1-1 expert mentorship
  • Gaining access to the resources you need to succeed; they provide an interactive Business Plan Writer and Cash Flow Template
  • Engaging with a national network of Black entrepreneurs, leaders and Black-led community organizations at a range of entrepreneurship events
  • The opportunity to apply for up to $40,000 in follow-on financing funded by RBC, based on the first two years of successful business performance.

I went through their programs and found one that I think would be great for young entrepreneurs in our community. “Rock MY BUSINESS; Three-Part Workshop Series Aspiring entrepreneurs: Transform your idea into a thriving business,” creates space for innovative entrepreneurial ideas and finds opportunities to fill gaps in the market with niche products and services.

Are you an entrepreneur looking to transform your idea into a thriving business, or grow your newly launched small business? You can register for the free, virtual, three-part Rock My Business workshop series, presented by Futurpreneur and RBC Future Launch. The series provides entrepreneurs with the tools to: develop your idea, formalize your business plans, and create a viable cashflow—all while connecting you with fellow entrepreneurs across Canada.

The intricate dance of balancing ambition with practicality becomes a constant struggle, requiring a tenacious spirit and resilience to overcome the myriad obstacles that inevitably arise. Despite these hardships, the journey of entrepreneurship is a testament to determination and vision, where the pursuit of one’s passion often fuels the perseverance needed to transform obstacles into steppingstones.

It’s not easy, but you must refuse to be another statistic. Leverage every opportunity, build a network, and defy the odds.

REFERENCES:

https://www.futurpreneur.ca/en/besp-ads?gad_source=1

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