Author: Alan

More on Sphere of Autonomy

I found this passage on the sphere of autonomy from a recently reported Ontario Divisional Court appeal ruling from last July called Polewsky v. Home Hardware about court filing fees and poverty:

[50] As noted above, at para. 6, Gillese J. considered s.7 in obiter and found that the protection of s. 7 is limited to a person’s physical and mental integrity and does not protect civil and economic rights. However, where it is established that the fees are a barrier to justice, the issue becomes an access to justice issue, rather than one of economic rights.

[51] The appellants argued that for a poor person, “security of the person” must include the right to access the civil justice system, particularly the Small Claims court. The appellant cites Pleau v Nova Scotia (1998), 186 N.S.R. (2d) 1 (S.C., Prothonotary) [Pleau] for this proposition. Having considered Supreme Court of Canada jurisprudence on this issue, we are not convinced that the denial of access to the Small Claims Court is properly characterized as a breach of security of the person.

[52] The right to security of the person covers the right to personal autonomy, involving control over one’s bodily integrity and freedom from state imposed psychological and emotional stress (R v Morgentaler [1988] 1 S.C.R. 30, Rodriguez v. British Columbia (Attorney General) [1993] 3 S.C.R. 519).

[53] Although the right extends beyond the criminal law and can be engaged in other proceedings, such as child protection proceedings ((New Brunswick (Minister of Health and Community Services) v. G.(J.), [1999] 3 S.C.R. 46) [G.(J).]), not all state interference with psychological integrity will engage s.7. Where the psychological integrity of a person is at issue, the right to security of the person is restricted to protection from serious state imposed psychological stress. For a breach of security of the person to be made out, the state action must have a serious and profound effect on the person’s psychological integrity. Not all forms of psychological prejudice will lead to a section 7 violation (G.(J.), Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307.

[54] We are not persuaded that the type of harm experienced by individuals who cannot pay Small Claims Court fees is appropriately construed as causing sufficiently serious or profound psychological harm to be in violation of s.7 of the Charter.

Interesting if only because it serves as another example of the courts shrinking from the monster it found in section 7 of The Charter which they now appears to want little to do with.

February

People moan about February but, as an undergrad pal said every year, it goes like a bat out of hell. Three weeks to March and the weather at a balmy -5 needs no hat or chin-zipped parka. We are closer to leaves coming out than falling and it will be in the twenties here someday within a few weeks if only for that freakish day every year that sees you get that sunburn under the chin and on the shins, sun reflected on snow as you walk around outside too long in shorts.

Grammy Show

I watched last night with half my attention elsewhere. Here is what I saw:

  • I like “Hey Ya” and was happy to see how the video was trasformed to a stage performance for live TV. Sooner or later I am going to be able to hire a high school marching band for some purpose in my life, too.
  • If you did not wait to the very end you missed Faith Hill, looking like a Republican’s dream of the girl to be met at the country club, squawking something into the mike to the effect of “the show is over” and walking away as 43 people (who were not going to be invited to that club) representing OutKast celebrated winning the final award for album of the year.
  • The Foo-Fighters appeared, perhaps uniquely, as a rock band playing things like instruments and singing in to microphones without dancers or lights or any other distractions. That was good.
  • The White Stripes were very good.
  • My world just about crumbled when Richard “Dicky” Marks won an award for best song co-written with the living human tribute of the night, Luther Vandross. The king of the mullet was shown and, though shorn at the rear of his head now and though his song is something of a thematic rip of that 80s “love my departed Dad” song by Genesis going by another name Mike and the Mechanics, at least it was not a loser rock song about going down to the river and offing oneself which Dicky Marks was the absolute king of twenty years ago.
  • Warren Zevon starred and won as the guy who recently smoked himself to death. [Ed.: error fixed in replies.]
  • No one got Yoko Ono when she said give peace a chance.
  • No one told Paul McCartney (who is really looking like a muppet who has sat too near the fire and melted a bit) that he was not speaking for all the Beatles as he followed taped Ringo and live Yoko and a nice also live lady who knew George (last year’s guy who won for smoking himself to death) thanking everybody for remembering they were on TV 40 years ago.
  • Christina A. and Beyonce Knowles were the only proponents of the porcine squealy decending decrecsendo pseudo-gospel thing done really well twenty years ago by Whitney Huston, destroyed by everyone ever since – especially the now disappeared Mariah Carey. Perhaps it will soon die.
  • Funk (the music Jesus loved) had its day with Parliament/Funkadelic and Earth, Wind and Fire.

If you take anything from the show, go buy funk.

President Kerry?

It would be facinating to watch if the wheels really came off the current US administration. This was slipped in the Toronto Star‘s article on Kerry’s wins yesterday:

One national poll yesterday put Kerry seven percentage points ahead of Bush as the president continued to be battered by the failure to find banned weapons in Iraq and his secretary of state seemed to express second thoughts about the decision to go to war. Perhaps more ominous for the sitting president, his approval rating had dropped to 48 per cent, the lowest of his presidency, according to the CNN-USA Today poll.

I would think that sending soldiers to a war which has had its primary ground – WMD – generally disproven is a biggie.  [Apparently Colin Powell thinks so, too.]   It feels like there was never a true buy-in to the Saddam-Osammy link. And the tighter security rules must discomfort – I don’t think this is a big thing at the border and security agencies will be security agencies but when you are checking up on what my kids take out from the library it gets a bit weird. But the main thing is the messed up budget. I don’t think you can have 20 years of being told that you must reduce government spending and reduce taxes only to have the shift to big spending and low taxes bought by the people. It used to be said of conservatives that they shifted the tax from rich to poor. This guy shifts it to no one…but money does not work that way. The loans from the Saudis and China mount. Who wants that dependency mounting?

The real question is, all in all, what has George Jr. done uniquely that another leader would not have done? I am not convinced the war on terror (remember that one?) would not have been taken on by anyone in the White House after 9/11. Others might have pursued it more diligently. Others soon might.

Battle of Ogdensburg

We are heading over to beautiful Ogdensburg, 100 km down river on the USA side, for the 14th. Beats the hell out of the Valentine’s Day when myself and herself were amazed at the easy access to the coin laundry machines before we remembered the date.

It is not the reopening of the cheese plant that attracts us. No. It’s the nutty recreationists dressing up like 1812 soldiers for the annual Battle of Ogdensburg re-enactment. Here is the contemporary British view of events. Apparently a group of Newfoundlanders were key to the victory. Here is an American perspective. Pretty big battle with 800 redcoats involved on a direct attack on a US village and fort. Here is a map of the battle. Canadian re-enactors as well as US take part. The area had a mid-1700s French presence and only became the USA in 1796 when the British retreated after the Jay Treaty.

Later St. Lawrence University will play host to Vermont at Canton in NCAA hockey – fewer guns but more real fights.