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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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Steps to Justice; Inmates buried in the Hinds County Pauper’s Field without their families’ knowledge

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Mary Moore Glenn holds hands with a family member during a press conference held by Attorney Ben Crump in Jackson, Miss., on Wednesday, Dec. 20, 2023.

BY SIMONE J. SMITH

This week, I want to provide an update on a story that closed 2024 on a painfully obvious note; that to some people; some lives seem to matter more than others.

As a journalist, I refuse to turn a blind eye to the silent screams of those whose experiences are relegated to mere footnotes in history. I refuse to succumb to the allure of sensationalism, to prioritize clicks over compassion. For every fleeting moment of attention, there are countless untold stories languishing in the shadows, waiting to be heard, waiting to be acknowledged.

This is one such story. It speaks of lives fractured by trauma, of individuals thrust into the crucible of pain and loss, their struggles overlooked, and their voices drowned out by the clamour of the everyday.

In December 2023, the story broke that: Marrio Moore, 40, Jonathan Hankins, 39, and Dexter Wade, 37, were buried in the Hinds County Pauper’s Field without their families’ knowledge. Each man was reported missing, but it took months — and for Hankins, over a year — for them to find out. The families did not know what had happened until NBCNews.com reporters broke the news. Imagine finding out that your family member who you had not heard from was found buried! People all across America were scratching their heads in disbelief about what had happened in Jackson, Mississippi, with this pauper’s graveyard.

Ben Crump, along with attorney Dennis Sweet, a Jackson native, stepped up to represent the families. Through his work, nationally renowned civil rights and personal injury attorney Ben Crump has spearheaded a legal movement to better protect the rights of marginalized citizens. He has led landscape-changing civil rights cases and represented clients in a wide range of areas including civil rights, personal injury, labor and employment, class actions, and more.

Around the time of the discovery, a press conference was held at the Stronger Hope Baptist Church in Jackson where the families pleaded with city and county officials to explain why they weren’t notified. They also wanted to know why the deaths of each man weren’t properly investigated by the Jackson Police Department.

A further report from NBC News provided a list of names of 215 people who were buried in the same pauper’s field where Moore, Hankins and Wade were.

On Thursday, April 4th, 2024, Attorneys Ben Crump and co-counsel Dennis Sweet released a statement following the announcement from the U.S. Department of Justice that they would provide technical assistance to the Jackson Police Department and Hinds County Coroner’s Office with next-of-kin death notifications related to those buried in Jackson pauper’s field.

Attorneys Crump and Sweet have released the following statement:

“We thank the Department of Justice, under Assistant Attorney General Kristen Clarke’s leadership, for taking the steps to address the ongoing issues in Jackson related to the pauper’s field. Our team has been on the ground investigating the situation since Dexter Wade and other horrific cases came to light. We intend to provide any information that might be helpful to the DOJ through this process.”

“The families impacted by local government officials’ shortcomings are grateful that the federal government heard their cries for change and will be intervening. It is our hope that this federal intervention will reestablish trust within the Jackson community and their local agencies.”

The technical assistance, which will be provided by the Civil Rights Division, and the U.S. Attorney’s Office for the Southern District of Mississippi, will examine: JPD’s General Order on Missing Persons, and new General Order on Death Notifications, and provide recommendations on implementation and training. The technical assistance to the Hinds County Coroner’s Office will provide recommendations on policies and training related to locating next-of-kin.

Under Title VI, the department is working to make sure that law enforcement agencies and other recipients of federal funding take affirmative steps to comply with their civil rights obligations by offering technical assistance to facilitate Title VI compliance. The point of technical assistance is to help agencies update and/or enhance their policies and practices, while strengthening the connection between law enforcement agencies and communities of color and other stakeholders.

In the fleeting echoes of media coverage, amidst the constant churn of headlines, there exist narratives, stories etched in the shadows, barely acknowledged before fading into obscurity. Yet, these are the tales that demand our attention.

In bearing witness to these narratives, in amplifying the voices of the marginalized and the forgotten, I want to continue to honour the families in this story. I refuse to allow their struggles to be relegated to the periphery of our collective consciousness. I refuse to let their pain be consigned to the annals of indifference.

This is not just another story—it is a call to action, a reminder of our shared humanity, and a testament to the enduring power of empathy in the face of adversity.

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2024 Toronto Caribbean Carnival Festival management committee shares, “Look forward to exciting changes!”

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Photo provided by Paul Junor

BY PAUL JUNOR

There is much anticipation, expectation and cautious optimism for the 57th Toronto Caribbean Carnival. There have been many challenges that the Festival Management Committee (FMC) have faced over the years notably in terms of funding. The FMC has some exciting plans for 2024, which it recently unveiled. This is good news for North America’s largest Caribbean festival.

In the December 23rd, 2023, issue of the Toronto Carnival Insider Volume 1: Beyond the Mas some of the achievements and accomplishments of 2023 are highlighted by Jennifer Hirlehey, Chair of the FMC. She lists:

  • For the first time in the history of the FMC, we involved representatives of our stakeholders: OPSA, OSA and CAC to join our Board of Directors.
  • This year the FMC prioritizes: fiscal responsibility, accountability, and transparency. We were able to produce the Carnival with approximately $1.7 million less than the year before.
  • We reinvested our Education Program, enabling us to take the Carnival Arts back to our schools.
  • We took preliminary steps to start our scholarships and building projects.
  • We refurbished our Sponsorship Program collaborating with multiple high-profile corporations.
  • We restructured internally, ensuring that we have qualified professionals at all levels of the organization.
  • We’ve prioritized projects aimed at revitalizing our volunteer and judging program.
  • We’re taking strides towards self-sustainability and less dependence on grants and other government funding.

In many ways, 2023 was a pivotal year for the largest Caribbean festival in North America as it involved the launch of several creative initiatives. One of them was the Toronto Caribbean Carnival Varsity Collection. It was created by a local artist in Toronto.

Adrian Charles (General Manager) describes some of the changes. “Many of the events will be moved from Lamport Stadium to Exhibition Place, which represents an essential change in location. The utilization of Exhibition Place will see the border of Prince’s Boulevard, New Brunswick and Ontario Drive which is lot number 852 hosting three important events. They include: The King and Queen, the Pan Alive, and the Grand Parade. There will be a significant expansion in the seating capacity that will

include a VIP and judges’ seating. Furthermore, by locating in one area it will help logistically and there will be a better chance of managing other aspects of the festival.”

Board Chair Hirleley followed up on her concerns about funding for 2024. She outlines what the FMC expects in the “Toronto Carnival Insider Vol 0224,” which was sent out on April 3rd, 2024. “Our goal is to become self-sufficient so that we can ensure the Carnival’s longevity and rely less on government funding to stage the Carnival. However, we must continue to educate all levels of government on the significant economic impact of the Carnival.”

She mentions the economic benefits of the Carnival to the City of Toronto. “We contribute approximately $480 million to Ontario’s GDP. We create approximately 4,000 direct jobs each year and we contribute approximately $180 million to the combined tax revenues of the: federal, provincial and municipal governments. Yet, on average we receive approximately one million dollars in combined funding from all levels of government. Moreover, we receive significantly less funding from the province than other festivals of similar size.”

On March 18th, 2024, the FMC Executive Leadership Team met with several MPPs of different parties at the Ontario Legislature. MPP Charmaine Williams introduced and welcomed followed by a reception. The New Dimension Steel Orchestra and Dance Caribe performed followed by a display of costumes by Tribal Mas.

The dates and events of the upcoming Toronto Caribbean Carnival are:

July 14th: Jr. King and Queen

July 20th: Jr Parade

July 28th: OCPA Calypso Show

August 1st: King & Queen

August 2nd: Friday Night Mas

August 3rd: Grand Parade

August 4th: OSA Pan in D Park

August 4th: International Rum Fest

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His films were not merely narratives; they were struggles, and triumphs of the African-Caribbean community

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BY SIMONE J. SMITH

There were environments where he was dismissed and disrespected, and not once did he stop being who he was. He had a way of connecting with people, listening to people, hearing people and engaging with them. Those who speak lovingly of him say he will be most remembered for saying things that matter in his work. For taking a stand.

He fought so hard, and he put so much time and energy into getting stories made. His body of work was one that shared voices that were otherwise not being heard in the Canadian film landscape. He had natural talent; he had charisma.

It was a rainy, chilly April 17th, 2024, and the Toronto Caribbean Newspaper had been invited by Humanity Ova Vanity to share in a night with Regent Park film festival, Bipoc TV & Film, and Reel Canada to celebrate the work of an amazing Jamaican-Canadian filmmaker whose talents have made an important and intentional stamp on the landscape of the history of African Caribbean cinema in Canada. It was the night that I was formally introduced to the brilliant Charles Officer

Charles Officer told stories from a nuanced perspective that originated from his experience of being a Canadian born child of Jamaican parents. His life was a mix of poetry and pain, and he learned that stories and visuals could help to speak in ways some couldn’t. His curiosity and intentionality as a human and writer-director has left an indelible mark in the pages of Canadian Film history.

Charles was a versatile and prolific filmmaker whose works typically focused on the experiences of Black Canadians. Initially an actor, he went on to direct, write and produce feature films, documentaries and TV series.

Charles directed four episodes of “The Porter,” the CBC/BET drama about the Brotherhood of Sleeping Car Porters — North America’s first Black-led union — that won 12 awards at the Canadian Screen Awards, including: best original music, production, costume design, best writing and best drama series. Another well-known article of work is his documentary Unarmed Verses, which told the story of Toronto Community Housing residents who were uprooted while their neighbourhood was revitalized.

Charles’s 2008 debut feature, Nurse. Fighter. Boy, premiered at TIFF and was nominated for 10 Genie Awards, the precursor to the Canadian Screen Awards. On the 17th, I had a chance to witness this creative genius on screen with his film “Akilla’s Escape.” In a crime-noir about the urban child-soldier, Akilla Brown captures a fifteen-year-old Jamaican boy in the aftermath of an armed robbery. Over one grueling night, Akilla confronts a cycle of generational violence he thought he escaped.

The movie starts with the dimly lit streets of the city sprawling, a concrete jungle where danger lurks in every shadow. The humid air is heavy with tension as we are gliding through the urban landscape, the distant sounds of reggae music mingling with the rumble of passing cars.

Charles kept me captivated, weaving the narrative of Akilla Brown’s journey. It served as a potent testament to the multifaceted impact of film. Through the lens of urban child soldiers and Caribbean cultural intricacies, the audience was drawn into a world where real-life struggles and dysfunctional family dynamics collided.

Akilla’s forty-year-old existence, straddling between the legitimacy of his cannabis operation and the shadow of his family’s criminal legacy, epitomizes the complexities of identity and morality. As fate intertwines Akilla’s path with that of Sheppard, a mute teenager ensnared in the web of violence, the film delves deep into themes of redemption, legacy, and the cyclical nature of trauma.

Saul Williams’s commanding performance as Akilla, alongside Thamela Mpumlwana’s poignant portrayal of Sheppard, and Donisha Prendergast as the dedicated aunt, brings an authenticity that grips viewers from start to finish. Through Officer’s direction, the film becomes more than mere entertainment; it becomes a mirror reflecting the harsh realities of societal constructs and personal struggles, urging viewers to confront the demons of our past and present.

The screening was followed by a panel with lead actors: Thamela Mpumlwana, Donisha Prendergast, and co-writer Motion and Producer Jake Yanowski. It was moderated by Sarah Tai Black.

Throughout the talk, I learned more about the legacy of this incredible African-Caribbean Canadian filmmaker whose work resonates not just through the lens of cinema, but through the very fabric of storytelling itself. As a: director, writer, producer, actor, cinematographer, and editor, his multifaceted talents illuminated the experiences of African-Caribbean Canadians in a way that was both captivating and authentic.

His films were not merely narratives; they were vivid tapestries woven from the threads of shared experiences, struggles, and triumphs of the African Canadian community. Through his lens, audiences are transported into worlds rich with cultural nuances, social commentary, and the universal human condition.

Beyond his technical prowess and creative vision, it was his boundless energy that truly set him apart. His passion for storytelling was infectious, drawing people from all walks of life into his orbit. Whether collaborating with fellow artists, mentoring aspiring filmmakers, or engaging with audiences, his presence radiated an undeniable magnetism.

In every frame he captured, every line he penned, and every character he brought to life, he not only entertained, but also challenged perceptions and sparked conversations. His body of work serves as a testament to the power of storytelling to bridge divides, inspire change, and celebrate the richness of diversity.

Though he may have left us, his legacy endures—an eternal flame that continues to illuminate the path for future generations of filmmakers. As we reflect on his contributions, let us honour his memory by embracing the spirit of creativity, inclusivity, and resilience that defined his remarkable journey.

REFERENCES:

https://www.cbc.ca/news/canada/toronto/hot-docs-film-unarmed-verses-puts-uprooted-tch-community-in-spotlight-1.4091497

https://www.cbc.ca/news/entertainment/csas-final-night-2023-1.6811617

https://www.thecanadianencyclopedia.ca/en/article/charles-officer

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