Monday, December 8, 2008

Where exclusion meets belonging

Today, a colleague and I went to the ‘Indigenous and Racialized Communities, Mental Health and Access to Justice Forum’ organized by Parkdale Community Legal Services (PCLS) at Ryerson University. Lots of food for thought! The speakers shared their thoughts on how mental health, racism, colonization, poverty and gender come together and shape experiences of immigration, policing and incarceration, income security/poverty, and employment.

In her welcoming words, Ayshia Musleh, Community Legal Worker at PCLS, invited us to share the event organizers’ goal of building social change through greater social inclusion. Since we all knew some of the issues, she said, it was time to think about solutions. To this end, she encouraged us to approach the event in the spirit of moving forward.

I found it striking that almost all of the speakers' stories told of how marginalized identities are criminalized. Almost every speaker gave examples of policies and practices that criminalize already marginalized people, excluding them from the social norm and further stigmatizing them.

Some examples shared today were:

Immigration and refugee status

  • Migrant workers whose status, defined by a temporary visa, is tied to their employer, but who could be unfairly dismissed
  • Undocumented or non-status individuals who are considered criminals simply by virtue of being who they are, where they are…and the (inappropriate?) role played by municipal law enforcement in policing immigration violations
  • The retraumatizing impacts of refugee or asylum determination system and the impacts of mental health challenges on immigration/refugee applications (e.g. Sponsorship debt for OW/ODSP use etc.)
  • The impact of criminal charges (in many cases, unfounded) on individuals’ immigration cases
First Nations Communities
  • The vastly disproportionate numbers of incarcerated Aboriginal people
  • The need to approach justice and well being from an understanding of the context of ongoing colonization
  • The Supreme Court of Canada, R. v Gladue, 1999 decision
Poverty and Homelessness
  • Safe Streets Act and control over access to public space
  • Tickets for panhandling, loitering, etc.
  • Eligibility determinations for OW/ODSP
Mental Health or Disabilities
  • Mental Health Police Records
  • Possibilities of immigration inadmissibility due to psychiatric diagnosis
  • Inappropriateness of mainstream policies/services with severe consequences
And more…

Thinking this over now, I am reminded that these practices also play an important role in shaping social inclusion or who does belong. One speaker commented that exclusionary and marginalizing practices, such as Ontario's Safe Streets Act, 1999, are often justified in the name of the ‘greater good.’ By saying this, it is clear that some people, the ones affected by the Act, are not part of this ‘greater good.'

Who is part of the greater good? Who isn't? What do you think?

I’m looking forward to reading the notes of today’s discussion and our shared solutions. They will eventually be posted on PCLS’s website at: http://www.parkdalelegal.org/.

1 comment:

Anonymous said...

In Canada like US ‘Missing Illegals’ means criminals. These are undocumented people that have been denied refugee status, and continue to live and work in the country, paying taxes, no access to health services, education, police protection or housing while constantly fearing detention and deportation. They are rarely involved in criminal activities, instead living in poverty and subjugation. They have ID documents and were legal until their claim was denied by the Refugee Board. Soon after the denial, the people being termed criminals have actually been allowed to enter the country because they were considered non-threatening.

This is an immigration issue but has long been detected as a criminal justice threat with an intention to isolate, exploit and brutalize immigrant community.

We should raise this point in any discussion, seminar whatever until the Govt treat those as an immigration issue and do not charge those people criminally.