Friday, November 28, 2008

Undemocratic, You Say?

So, the opposition parties are talking about forming a coalition if they topple the HarperCon$ next week.

Sez the PMO:

The opposition is entitled to defeat the government as it sees fit, Harper said Friday, but Dion himself does not have the right to take power without an election.

"They want to put in place a government led by one party which received its lowest popular vote since Confederation," he said.


Well, the other side of that one is that we are now being governed by a party that didn't exactly overwhelm voters last election either. In fact, a Liberal-NDP-Bloc coalition would actually represent a plurality of voters in Canada.

Of course, as has been typical of the HarperCon$, instead of actually governing, everything is a game to play for them. In the case of the the "FU" that Flaherty delivered yesterday, the lovely little red herring of party funding is in there. The amount of money involved is relatively small, so it's fiscally irrelevant to the government's books.

If the Con$ got it through, they just weakened their opponents by taking money away from them; if the opposition toppled the government, the Con$ would have had a lovely meme to wave in front of the voters.

I see that in today's news, Harper has dropped that little clause from the FU motion that will be before the house on Monday. Whether that is enough to persuade one of the opposition parties to go along with the Con$ is yet to be seen. I think what is most unfortunate is that Harper and his band of goons still have not understood that a truly successful minority government works by collaborating with the opposition.

If the Con$ do fall on Monday, and a coalition is formed, I imagine that we will be seeing an election before 2009 is out. I will be very surprised indeed if the coalition lasts much past the Liberal leadership selection.

[Update]
I see Harper's now trying for stalling tactics to buy himself time.
[/Update]

Thursday, November 27, 2008

Alberta Bill 50 - A License To Harass?

This week, Alberta passed Bill 50 which gives the crown the power to seize and sell assets used in the commission of crime.

On the surface, this sounds fairly reasonable - the government has an agreed upon right to establish the penalties that are associated with crime in general - from fines to incarceration.

However, there are aspects of Bill 50 that are quite troublesome. First of all, the bill does not specify any limits to its application. The powers that the bill asserts can be invoked for just about any offense. The example that has been in the media is the seizure of a car used in transporting drugs. Sure that sounds good, but is this appropriate in other situations? For example, if you are charged with "copyright piracy" under the proposed DMCA-clone the HarperCon$ tried to introduce twice last year, should you find your house forfeit because it was where you copied a handful of MP3's?

More troubling is this set of clauses in S 19.4:
(3) With respect to an application for a restraint order,
(a) it is not necessary for the Minister to establish that any
person has been charged with, found guilty of or
convicted of or otherwise held responsible for any illegal
act in relation to any matter related to the property in
respect of which the application is made, and
(b) the Court may grant a restraint order notwithstanding
that a person has not been charged with, found guilty of
or convicted of or otherwise held responsible for any
officer or a civil enforcement agency;
(c) providing for matters that are ancillary to any direction
given under clause (a) or (b).


In essence, all that the government is obliged to do is assert that property has been used in a "crime", and presto, you could find yourself facing seizure. While there are time limits on the restraining orders involved, it's not hard to see that there is a real risk that an overzealous crown attorney or law enforcement officer could use this mechanism as a tool to harass someone over some slight or another.

Bill 50 strikes me as a piece of legislation that while well intentioned, is poorly thought out - and subject to significant abuse, with few constraints on the government bodies involved.

Wednesday, November 26, 2008

Whipping Girl - Commentary Part I

Whipping Girl is an interesting book that explores the intersection between gender, feminism and transsexuality in some interesting ways. I'm in the midst of reading it, and this post is "part one" of a series that I will be writing as I make my way through this book.

Since this series will be written as I make my way through the book, I will not promise that my commentary in later chapters are entirely consistent with what I write today - I reserve the right to have the author persuade me to agree with her perspective where I disagreed earlier.

Introduction, The Transwoman Manifesto and Chapters 1 - 4

The first thing I really like about this book is the author's wonderfully powerful view of the feminine:

In this book, I break with past attempts in feminism and queer theory to dismiss femininity by characterizing it as "artificial" or "performance". Instead, I argue that certain aspects fo femininity (as well as masculinity) are natural and can both precede socialization and supersede biological sex. ... No form of gender equity can ever truly be achieved until we first work to empower femininity itself. - p. 6


To me, this is a powerful statement - it not only encapsulates what I have always felt is deeply wrong with other social/theoretical models of gender. Second, it also encompasses the transsexual narrative in a constructive way, instead of simply attempting to dismiss it by declaring it invalid.

Julia Serano, the author, is deeply critical of how the media and pop culture present transsexuals. With some good reason:

... While Oprah Winfrey's conversation with Boylan was respectful and serious, the show nonetheless opened with predictable scenes of women putting on eye makeup, lipstick and shoes, and the interview itself was interspersed with "before" pictures of Boylan, as if to constantly remind us that she's really a man underneath it all.

Mass media images of 'biological males' dressing and acting in a feminine manner could potentially challenge mainstream notions of gender, but the way they are generally presented in these feminization scenes ensures tha tthis never happens. The media neutralizes the potential threat that trans femininities pose to the category of "woman" by playing to the audience's subconcious belief that femininity itself is artificial. p. 43


Observationally, I think that Ms. Serano is quite correct in her perception that the media misses the mark quite badly when it comes to portraying transwomen (in particular). However, I do not agree with her attribution of the poor presentation to an implicit malice.

I suspect that it is not malice at all, rather it is in fact ignorance and misunderstanding that is being demonstrated. In general, the media tend to focus on the visual. In fact, I would go so far as to argue that television in particular is completely the wrong media when it comes to presenting transsexual issues for this reason. It is easy to identify and pick up on the physical changes that a transwoman goes through as she makes her way through transition. That said, the physical changes are in many respects a reflection of the inner person that is being revealed through transition. Although a picture is worth a thousand words, sometimes a thousand words is greater than any picture will ever be.

While the television producers (or movie producers, for that matter) think they are doing transsexuals a favour with shows like the Oprah episode Serano references, we have to remember that most of the production staff on these shows are not themselves transgender people. That means that they suffer from the basic misunderstandings that most non-transsexual people have about transsexuals. The natural instinct is to gravitate towards those aspects of the journey that are easy to grasp, and quietly ignore the subtle, but vitally important aspects that are difficult to articulate, much less understand. When it can take many transsexuals years to understand themselves, is it any surprise that a fifteen minute segment on Oprah, or the portrayal in a movie, is somehow superficial and limited?

Serano's discussion of the influence and effects of hormone therapy is fascinating. It provides a series of insights into how hormones influence gendered behaviour, and yet also underscores the reality that gender is no more defined by hormones than it is by the shape of one's body, or the interests that one has.

On the other hand, those who are eager to have popular presumptions about hormones confirmed will probably be just as disappointed to hear what has not noticeably changed during my hormonal transition: my sexual orientation; the "types" of women I am attracted to; my tastes in music, movies, or hobbies; my politics; my sense of humor; my levels of aggression, competitiveness, nurturing, creativity, intelligence; and my ability to read maps or do math. While it would be irresponsible for me to say that these human traits are entirely hormone-independent (as it is possible that fetal hormones potentially play some role in predisposing us to such traits), they clearly are not controlled by adult hormone levels to the extent that many people argue or assume. p. 72


To this point in the book, I like where I think the author is going.

My biggest criticism is the degree of hostility or malice that she seems to attribute to the portrayal of transsexuals in general by the media. I suspect that where a sincere effort has been made (e.g. not Jerry Springer), the reality is that the problem is actually a combination of ignorance combined with the limitations of visual media in addressing something the non-visual aspects of human experience - namely that which goes on in our heads.

Her perspective on gender as it intersects reality, as well as the theoretical spaces of queer theory and radical feminism aligns well with my own thoughts on the matter - and go a long distance to putting down the claim by some feminists that transsexuals do not perform meaningful analysis of the concepts of gender and equality. (more on this later...)

Tuesday, November 25, 2008

Free Speech is not an Absolute Right

Following up on yesterday's post about an anti-abortion group at the University of Calgary's fight with University administration, I hear this morning on CBC the meme about how a Charter Right is being abrogated.

Well, that would almost be true - except that CPL's campaign happens to take place on University property. There are some 20,000 students on that campus, plus faculty and staff. The University has to be scrupulously careful about the rights of all of those 20,000 odd denizens of Campus.

If, for example, the student GLBT organization on campus, GLASS, were to put up a campaign of 4' x 8' signage that featured graphic homosexual erotica as its primary imagery, I can only imagine that the CPL organization's members would be at the forefront screaming about how inappropriate and offensive GLASS's campaign is. ... and they'd be quite right.

We already have a pretty good idea what CPL wants to put up, and it is in the same category.

Yes, to a point, they are protected under S2b. of the Charter which reads:

2. Everyone has the following fundamental freedoms:

a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.


But, just as the example I mentioned above would be considered 'over the line', so are the tactics of many in the so-called "pro life" lobby. The University has always reserved the right to limit student protests that are offensive or otherwise infringe upon the rights of others - including the right to go from point to point on campus without feeling like you have to 'run the gauntlet' - which is certainly how I've felt when I've had to go past CPL's displays before.

I applaud CPL's members for having ideals and speaking out for them. Now it's time that they learned how to speak their piece in a manner that is respectful of the other citizens of the University community.

Monday, November 24, 2008

Lines To Remember

"I've read the Bible cover to cover, Bottom line: love beats hate."
Lesley Brighton, Silverton OR resident

Apparently Fred Phelps sent his minions to Silverton, OR to condemn the town for having the temerity to elect a transgender mayor.

A woman pushing a baby jogger past City Hall did a doubletake on her run, backing up to question 16-year-old Victoria Phelps, whose family runs the small Kansas church.

"I'm a Christian," Lesley Brighton said, clearly perplexed by the girl's "God Hates Fags" sign. "This is some kind of joke, right?"

No, it's deadly serious, Phelps replied. Electing a transgender mayor, she said, was an abomination.

"I don't expect for it to sink in but it's our duty to come out here and preach to these people because they're so proud of having a transvestite mayor," Phelps said. "It's disgusting. And where was it? Was it Isaiah? Deuteronomy? About it being an abomination?"


Phelps and crew are a pretty nasty lot to begin with, unhinged being one of the nicer things said about them. I think Ms. Brighton did a lovely job of putting them in their place.

Hyperbolize Much?

So, the University of Calgary won't permit a student 'pro life' organization to display their signage on campus.

Of course, the wingnuts (including the students) are busy squawking about the evil empire's censorship of them.

However, the university is justifying its censorship of the pro-life display because of anonymous complaints, and claims that the display could provoke violent reactions. However, there have been no such incidents on the previous five occasions the display has been shown on campus.

"Banning an event because of the possibility of someone else being violent towards it, is like telling women they are not allowed to walk on campus at night because of the possibility they may be sexually assaulted," stated Leah Halllman, president of CPL.


Well, one can discuss and debate a well reasoned position. Unfortunately, this particular little "campaign" is about comparing abortion to genocide - with large, excessively graphic images is hardly a reasoned position. Claiming that abortion is a form of genocide is hyperbole in the extreme to begin with - almost to the point of being histrionics.

Reinforcing the point with large, graphic images is simply offensive. Abortion is a surgical procedure, and the human body is a surprisingly messy creation to start with. Most people would cringe at the aftermath of any surgery - including oral surgery to remove wisdom teeth. Why would we be surprised that the remains of a surgical procedure are anything but messy?

I would argue that CPL needs to rethink its campaign. If a movie promoter put out images as graphic as that for their latest splatter flick, nobody would post them. What makes them think that anybody wants to look at large, excessively graphic images for their campaign?

It wasn't that long ago that I happened to be on the U of C's campus when CPL had their signage up - it was beyond revolting at the time. The broader community on campus simply stayed away from the area. (and yes, the signage was big enough that it wouldn't be hard for someone to hide around it - making the area a hazard for students passing through in the evening hours) Is CPL willing to pay for the additional costs that the University would incur to have extra security around those signs - especially in off hours? I doubt it.

Lastly, the University has every right to insist on student campaigns having a certain level of decorum about them, as well as a certain level of respect for others on campus. CPL is not demonstrating anything close to that level of respect, nor have they ever done so in the past.

CPL's cries of "censorship" are ridiculous hyperbole, just like the "abortion is genocide" meme. You might try coming up with a civilized position that can be debated - nobody wants to "debate" with screaming loons.

Dear HarperCon$:

So ... a Canadian citizen lies in legal limbo. Held not to face charges in the recognized courts of the country holding him, but rather to be subjected to a questionable, if not outright illegal, tribunal system prepared to accept evidence from such reliable sources as torture.

Never mind that he was a youth when captured. Nor is it significant to the Con$ that it was his father who dragged him over there. Nope. None of that seems to matter here. Neither does the fact that there is essentially no appeal beyond the tribunal itself.

Your stated position on this?

"Mr. Khadr faces very serious charges," Cannon said Thursday from Lima, Peru, where he was attending APEC ministerial meetings.

"He is being held and it's our government's intention to follow and respect the process that's in place and, of course, to respect American sovereignty on this issue."


Of course, throwing Canadians onto the trash heap has been pretty much standard fare for Conservative foreign policy since day one. Khadr is but one of a growing list of Canadians rotting in foreign prisons because the Harper government will not lift a finger to intervene.

Why should they pay any attention to George Bush's little kangaroo courts designed explicitly to get him one conviction in Guano Bay before he leaves office in January? Perhaps because it would be the right thing to do. If Khadr actually should face charges, repatriate him and charge him here - where at least the legal system has a modest degree of transparency and accountability.

The Rise of the Psychology Influencer

On Substack, I'm seeing a wave of what I am going to call "Psychology Influencers" popping up.  Some of them are clearly thera...