Shorter Maurice Vellacott: it's not 'prostitution' when a man does it

I love it when the dailies do that tongue-in-cheek reporting thing:

Most Conservatives were furious last year when Belinda Stronach moved to the Liberals and took a cabinet job.

Saskatchewan Conservative MP Maurice Vellacott, who said Ms. Stronach was prostituting herself, described Mr. Emerson carefully yesterday.

"I understand the pragmatism of it," Mr. Vellacott said. "But to be honest, I feel a bit uneasy about it."

Vellacott has every right to feel "uneasy", given that in 1995 he was a Liberal candidate in Saskatchewan's provincial election, before switching to the federal Reform party in 1997.   Of course, maybe his turncoat-itis doesn't really count because a) he has a penis and b) he was never elected as a Liberal.  In fact, it wasn't until he switched to Reform that he was elected to public office at all.

Remember exactly what Vellacott said?  After Stronach defected from the Conservatives in May 2005, Vellacott accounted for her actions with a dismissive, "people prostitute themselves for different costs or different prices. She sold out for a cabinet position," later backpedaling by claiming that prostitutes weren't necessarily female and that no one would've minded if he were talking about a man.

I guess I see Vellacott's point.  I mean, it's not cronyism when you ask not to be given a cabinet position:

Saskatoon MP Maurice Vellacott has penned an open letter to Stephen Harper asking for a "modest" role in his new Conservative government.

It's not unusual for members of a new government to publicly seek their desired roles as the cabinet is being built, but Vellacott has taken it one step further by putting his requests on paper and distributing it publicly.

In his two-page letter, Vellacott says he'd prefer to be appointed either a vice-chair or chair of the human resources, aboriginal affairs, foreign affairs or health committees.

Vellacott's concern was that a cabinet post would prevent him from "speaking his mind on certain issues such as ethnic outreach, marriage, family and life":

"Because I'm an avowed fiscal conservative, but also a social conservative ... I don't know to what extent a more senior role would tie my hands on certain foundational issues for our country," Vellacott writes.

He says he's open to being the deputy speaker someday, but only if that does not prevent him from advocating on behalf of his constituents.

Of course, no one is really sure what "ethnic outreach" is, and that whole "life as a certain issue" thing is a bit tautological, but none of that really matters. As weird as a public issuing of his requested assignments was, Vellacott's actually done the country a favour by taking himself out of the decision-making pool, given that he's an anti-choice, anti-day care, anti-same-sex marriage, anti-gun control, pro-shame, rabidly paranoid Godbag.

It was Vellacott, don't forget, that accused - in a press release - his electoral rival Chris Axworthy of "practicing the black arts of politics" and hiring "his friend George Laliberte" to slander  Vellacott on-air with accusations of sexual assault.  While the call was traced to Axworthy's campaign office, Vellacott's "evidence" for Laliberte's involvement consists solely of an anonymous tip from someone "100% certain" that the voice heard was Laliberte's.  This, it appears, is enough for the litigation-prone Vellacott to justify slandering someone else.

So, in addition to being an anti-choice, anti-day care, anti-same-sex marriage, anti-gun control, pro-shame, rabidly paranoid Godbag, Maurice Vellacott is a defaming, self-serving, uncharitable (and hence, definitively unchristian) hypocrite. 

And to protect myself from similar accusations of uncharity, I end with a note that despite his considerable slipperiness as a politician and general anti-women and anti-logic rhetoric, Vellacott is not purely evil - he's also a strong supporter of midwifery in Saskatchewan.

Turnabout is foreplay

...sorry, that should read FAIRplay.  Sheesh. I don't know where my mind is.

David_emerson
Encouraged by his new colleagues, David Emerson demonstrates the proper gesture to accompany the phrase "I'd hit it."

Oh-ho! So in a direct mirroring of Belinda Stronach's crossing of the floor last May, former Liberal cabinet minister David Emerson has just defected to a Conservative cabinet post as Minister of International Trade!  How much do you want to bet that no one will be calling him an "attractive dipstick" or critiquing what he does tonight in celebration of his cleverly self-serving political manoeuvre? No newspaper shall print a detailed analysis of his divorces, nor blame his father's money for his success, nor discuss what he chose to wear on his first day of the House, no sir.  This is a man, after all, and his penile privilege protects him from such puerile imputations as those that are easily thrust upon the inferior female who dares do something other than what she's told.

Ah, I love the smell of patriarchy in the morning.

Dear Michael Moore

Rangersmith Michaelmoore
Parkranger Smith's got nothing on Michael Moore, who's clearly much smarter than the average bear

Thank you ever so much for your unsolicited commentary last week, in attempting to influence the outcome of Canada's implementation of democratic practice.  It was very generous of you to use your BushCo. sufferage wisdom to warn your simple neighbours to the North of the dangers implicit in anything that smacks of the right wing, even though your shallow grasp of the differences between our two countries meant that you still haven't figured out that even Stephen Harper Tories are more left-leaning than John Kerry democrats. 

No, no - I didn't really think it was self-aggrandizing (at least not more self-aggrandizing than anything you do, Mike, which really gives you a lot of leeway for inflated self-importance).   I just really felt the love, you know?  I assume I was supposed to feel the love, since you make a point of saying that you love us, us "crazy cold wonderful neighbors to my north."  And we love you too, Mike, if by love you mean "engage with in a superficial and cursory way". 

See, because as much as I want to believe that you're really interested in our country, and as much as you caveat your chidings with claims that you're not belittling our nation ("Far be it from me, as an American, to suggest what you should do. You already have too many Americans telling you what to do."), I just can't seem to shake the idea that you view Canada as some sort of democracy theme park for 'left-wing' (I mean the way you use the term, as a knee-jerk anti-Bush adjective) Americans to visit on the weekends and make inane banter with the locals about how great our health care system is and why we should be thankful.   

It's stuff like you ending your letter with "Don't ever change." that really burns me, as if Canada's some sort of pristine, socially-liberal hinterland which requires the monitoring of earnest American park rangers like yourself to save us from your nefarious fellows, those Uzi-and-chastity-belt-carting poachers.

See, we've been awfully busy up here for a long time, Mike, and we're doing a pretty good job of it.  While we're only a tenth the size of you lot, we've got a lot of policies like the Charter of Rights and Freedoms intrinsically woven into our national identity that prevent us from ever becoming mounted and stuffed as a White House trophy - no matter who's PM.  Canadians don't actually want to become any more like y'all than we already are, but seeing as we are bedfellows with the 300 million of you, it would be nice if we could be governed by someone who speaks your language to tell you to stop kicking us while we're sleeping.  And maybe convince you people to get one of those snore-guard things, because, well, you're LOUD. 

So thanks, Mike, for reminding me that you're just as reactionary and overweening as ever. I'd nearly forgotten you existed, and it's nice to know that you're still enthusiastically sticking pins into the fleshy bits of your detractors. What's great about you is your consistency, you know?

Just do me a favour (that's favoUr, remember) - don't ever change, okay?

S.

Doggone clarity

I'm always interested in the way Canadian politics are covered in other countries, and before I go off to do my civic duty, I thought I'd point out the photos accompanying this BBC article, seen here,

Harper_martin

immediately made me think of this:

_foxes_sneer_1 Shar_pei_1

Likewise, the picture of Duceppe:

Duceppe_1 Westie2_2

Jack Layton is not featured in the BBC article, but not wanting the fearless leader of the NDP to go without, I present you:

Jacklayton Schnauzer

Off to vote, y'all! 

Globe and Mail coins new term, but still can't shake sexist language

I suppose I should be grateful for small favours.  The Globe and Mail's article on recent trends of the single parent family has a headline that reads "More Canadian parents going it alone", seemingly admitting that parenting is frequently a joint affair engaged in by both mothers and fathers.

And yet, the blessedly-unagenda'd headline is smashed into aggrieved fragments with the article's first paragraph:

The number of single mothers in Canada rose nearly 70 per cent over the past two decades, while the number of men going it alone as the head of the family doubled, Statistics Canada said Tuesday.

Ah...the poignant, belittling power of the phrase "single mother" and the tedious notion of the male position of "head of the household" together at last, thankfully offered in close conjunction so that any halfwit might see women's latent inferiority.  Yummy.

As for the article itself, I'm fairly ambivalent.  Echoes of the above sort of knee-jerk jerkiness from the daily filter through the rest of the piece, though it introduces the usefully stigma-free phrase "lone parent":

In a new report, the government agency said there were 555,000 women between the ages of 25 and 54 acting as the lone parent to children under the age of 18.

In 1981, that figure was 330,000.

Similarly, the number of lone fathers nearly doubled to 119,000 in 2001, from 62,000 in 1981. By 2001, fathers headed one in six of all lone-parent families in Canada.

One in six single-parent families is HEADED by a man, yet women ACT as the lone parent to the other five.  Maybe I'm too picky, but I just can't quite shrug off the connotations of author Terry Weber's chosen language.

As is expected, the income rates for lone mothers are half of what a lone father makes - $19K vs $38K, though there is some good news on the education front:

In 1981, 46 per cent of lone mothers had not completed high school. By comparison, 42 per cent of mothers with spouses hadn't finished high school.

By 2001, just 17 per cent of lone mothers were without a high-school diploma.

Now if only we could do something about the Globe and Mail's level of education - surely they can afford to be a bit more tolerant in their language?


Men piss, women tinkle: study

Why, WHY I keep subjecting myself to the National Post I'll never know, but here's some more on the "women are weird" front, brought to us ripe from the WTO.

Guidelines issued on the weekend by the National Environment Agency in Singapore, where the WTO is based, would mean women have at least equal facilities to men.

The code requires medium-sized restaurants, bars and nightclubs to have as many female cubicles as they have male cubicles and urinals.

Larger venues, and those such as theatres and cinemas where usage is confined to peak periods, would have to favour women's facilities by a ratio of 14 to 10.

Isn't that a fantastic thing for the WTO to concern itself with, after the loads of criticism leveled against their refusal to take women's domestic work - the sustaining feature of all societies - into any account of labour activity?  FINALLY, the World Trade Organization is stepping up, recognizing their gratuitous ignorance of third world living conditions and -

What? It ISN'T the World Trade Organization? Then who...?

Wait a minute...did you say World Toilet Organization?

The misery women go through all over the world queuing for public washrooms would be eased under new principles proposed by the World Toilet Organization.

Oh.  Right.  I forgot. Women don't like those icky economic thingies with the thinking and the numbers and the sitting still, and it's not like we can lift those heavy briefcases anyway.   

But thanks for the recognition that women wait longer in lineups to use the bathroom.  That's pretty nice, right? I mean, it could be worse - you could be trying to rationalize social behaviour by offering a belittling "scientific" explanation or something.

''The human female tendency to go to the lavatory in pairs is a natural instinct that has evolved over millennia, and is merely reinforced by social practice,'' said Elisabeth-Maria Huba, a German social scientist with the WTO.

''This is something that can be observed all over the world. It's in the brain, it is not learned socially. Men have it quick and easy. For a lot of women the toilet is a place they are afraid of.

It's true - we're scared shitless, actually.  It's the flush.

''When there are no toilets, or only disgusting toilets, women go together to protect each other.''

And didn't that work out spectacularly well for the refugees in the Superdome.

She cited a U.S. study in which girls would go in pairs, even though only one needed to use the lavatory, and the other, asked why she was also going, said: ''I don't know, but I didn't want to leave her alone.''

Like I said.  Soooooo thoughtful. 

Women-blaming still fun: study

As I gear up for yet-another holiday season of not-so-casual glances at my flat belly and the two-drink minimum question of "so, when are you two having kids?" perhaps I'm being a bit oversensitive to the media's almost hysterical preoccupation with motherhood. 

All I want to do is read the paper in peace while I rub the sleep out of my eyes and mainline coffee, learning perhaps about a bit of technology or the latest dinosaur bone or how we're all going to die from this week's latest Ebola virus.  So I gotta ask - is it absolutely necessary to pepper the science section with a blatant misrepresentation of the results of studies?

This morning, gearing up for a familiar battlefield of estrogen-trapping pseudoscience, I was drawn to the headline "Mother's love may alter genes: study"

"And what fresh hell will this bring? "I sighed, and clicked the link, fully expecting "proof" that the children of stay-at-home-mothers are immune to AIDS or that handmade Hallowe'en costumes protect against tooth decay.

But it was nothing so exciting, merely the old "nature-verses-nurture" chestnut with a dash of mommy drive-by thrown in:

You are what you eat.

And who you hang out with, and the weather and the way your mother raised you, say gene researchers at McGill University.

Contrary to popular belief, recent research at McGill helps to prove your DNA alone does not determine who you are, says Michael Meaney, a neuro-biologist at the university.

WHAT?  You mean, in order to be a real human being, I've got to LEARN STUFF?  God dammit!  Here I was thinking that I was born with an innate understanding of Jacobean revenge tragedy, passed down through the family genome.  Man!  Now I've got a whole lot more work to do! 

But hey, at least author Dene Moore managed to twist the knife a little bit with endorsing the idea that women hold the sole responsibility for nurturing humankind.  Thanks, Dene!  There I was getting all uppity, forgetting my birthright and all, like gender was a construct or something! 

Aren't I just the luckiest thing, now that you've managed to turn my whole outlook around by amplifying this teeny tiny part of the study and then belying its truth in your misleading headline?

Researchers have mapped the billions of building blocks that make up human DNA and it seems every day they isolate another gene linked to specific characteristics or illness.

But scientists have known for some time that it is the chemical coating on the surface of genes that determines which genes in the cell will be activated and which will not.

Diet, maternal nurturing and even the weather can trigger changes to that chemical coating on the surface without changing the genetic code within.

You know what, Dene? I think you're right: nobody would ever read an article with a headline like "Study proves weather influences behaviour" or "Nature AND nurture work in tandem, scientists report", since neither one offers that popular misogynist tang that stays so crunchy in milk. 

Bah humbug.  It's not even December yet and I already know there isn't enough rummy eggnog in the world to get me through the holidays smoothly.  Maybe I should just stuff my laptop under my shirt and mime giving birth to my thesis.

Racing to blame

It is incredibly bizarre for a native Torontonian to read the city's news from afar. 

Growing up in central Scarborough, I'd been immured to Toronto's omnipresent violence, learning early on to look behind me when I walked at night, swinging my umbrella like a weapon and forking over countless $20 bills for taxis to quench that nervous feeling in the pit of my stomach that now was not a time to travel alone.  I wasn't allowed to walk to the corner store by myself until I was ten, and in high school, my curfew was a midnight pickup at the Kennedy Station kiss-and-ride to save me the fifteen minute bus ride and ten minute walk home through deserted parking lots and ill-lit streets. 

It wasn't paranoia - just common sense.  When the media presents your hometown as a riotous place of people doing dreadful things to each other, you just don't tempt fate.  In your desperation to keep yourself safe, you engage in a blame-the-victim mentality to offer yourself the illusion of control:  "She shouldn't have been walking there alone at night.  I don't walk alone at night, therefore I am perfectly safe."  "I don't let my children out of my sight. Therefore my children are perfectly safe."

And feeling like you can guard against the bad things is comforting.  Blaming the victim is comforting, because it means that violence isn't random or systemic, and that you have some sort of control over your undiscovered future. It usually means that you don't have to do anything - you don't have to shift paradigms, or consider your own privilege, or speak out or draw attention to yourself.  In fact, blaming the victim often means not doing things out of your own perverted self-interest - not walking alone, not using an mp3 player, not living in St. Jamestown.  When visibility becomes criminal, you're willing to modify your behaviour to a grave extent just to avoid being conspicuous, as if the sale of your personal liberty is able to buy you "perfect safety".

But deep down, you know that you are not perfectly safe.  Nobody is, in no town in any place in the world.  Anything terrible could happen to you at any time, and you might as well accept it.  You need a healthy dose of nihilism to keep you grounded, lest you succumb completely to fear.

Toronto's violence was, and remains, simply a part of life in a city of that many people, and while inevitable, a common response to it is for everyone to look out for themselves and their own above all else, blaming the victim whenever necessary to avoid facing larger problems.

So I can't really blame the parents of the fifteen black male students charged this week with repeatedly raping one of their white female fellows for their descrying of the arrests as an act of systemic racism.  I know that from their perspective, they're just looking out for their own, trying to keep their children perfectly safe from the dangers of our ambivalent city life:

One mother, speaking loudly outside the court in explosive, staccato rhythms, as other family members gathered and nodded their heads in agreement, said the police and justice system are racist, and that they're responsible for criminalizing black youth.

"This is wickedness, wickedness," she said. Her son was only permitted to phone her yesterday at 2 a.m., she said, after being held by police for more than 14 hours. Her daughter, who was at her side, asked how her brother would be able to go back to his community group, where he had been working on a project to build trust between police officers and youth in the Jane-Finch area. She said this arrest would mark him for life, leave him distrustful of authority, force him out of his school and endanger his future.

"What they've been doing to us is injustice," another parent said. "We need to get together as a black community, because these are our kids, and it is unjust."

But I also know that there's an even bigger picture to hold in view, one that should include consideration of the seriousness of the charges:

Police say the young woman, a Grade 11 student, was approached in a school hallway last month by a male student and forced into a stairwell, where she was sexually assaulted. She was allegedly then taken to a bathroom on another floor and assaulted again.

A month earlier, police said, the girl walked into a bathroom at a fast food restaurant and was followed by a 15-year-old boy. The boy is alleged to have locked the door behind them and demanded that the young woman perform a sex act, but a restaurant employee intervened, allowing the girl to escape.

The girl was also allegedly harassed for months as boys, many of them popular students, approached her in school and demanded sexual favours.

All the accused in this case are high-school students aged 14-18, and some of the allegations of harassment date back to September, 2004. Four boys, one of whom was granted bail last week, have been charged with sexual assault and forcible confinement, and 10 others with criminal harassment. Two girls are charged with uttering threats.

In light of the horrific nature of the accusations - a protracted series of coordinated sexual assaults on a single victim - complaining about the metro police's failed attempts at community-building seems terribly callous.  No-one seems to be at all concerned that that some of the accused engaged in repeated sexual acts with the victim, and they appear to be preparing a coordinated "she asked for it, but not from me" defense:

One student shook his head and mouthed the words, "All lies," as he sat listening to the Crown's arguments at the bail hearing, which are subject to a publication ban. When he was released, the same student, asked whether the allegations are indeed all lies, replied: "It is. Most of them."

He denied even knowing the alleged victim, as did three other boys who spoke briefly to the media after being released.

"I don't know her at all. I just got accused of doing something I never did," one said.

"I'm innocent, and so is every single one of us," another said. "I never talked to her in my life."

Later, a fellow student opines that there were several other girls at the school who allegedly performed such acts willingly.

"I was there one time. She was not forced," he said.

The only thing that seems clear is that something is terribly, terribly wrong at James Cardinal McGuigan High School, where students are more offended at the presence of police walking their hallways than they are about the possibility of rapists in their classrooms:

Sixteen-year-old Moe Raza, who is friends with most of the 14 people arrested during Monday's police raid, said many of his classmates were angry at the way the arrests were handled.

"Everybody knows it's not fair what's going on. They just came into our school and slapped cuffs on all these people," he said.

"People drove by thinking it was a shooting or something."

As I sit apart from Toronto, reading the newspapers, part of the bigger picture I see is the collision of -isms that manages to thwart any attempt to make the city a safer and better place for everyone.  The modern liberal impetus to recognize the inequalities of the world we've made in terms of the hot trio of race, gender and class is being torn apart, as infighting over who has it worse is becoming more important than how to fix the problems of the system. 

The Globe and Mail
, splitting the difference, fronts its article in terms of race, downplaying any hint of gender until late in the story.  The headline reads: "Abuse stirs racial tension", and the initial paragraphs read like an account of the efforts of Atticus Finch defending the spurious accusations against Tom Robinson in To Kill a Mockingbird.  In that famed book too, the black man's defense was "she asked for it", and it is the supposed victim's lechery that leads to his tragic death. Subsumed into the narrative of racism at work "in a sleepy and tired town," the simple message is that women lie about rape and cannot be trusted, and that the white poor are incestuous criminals.

This book, a standard text in the teaching of tenth grade English, the age of the accused and the victim, tells us that issues of race, class and gender cannot be simultaneously examined, but must always be diametrically opposed.

And so too, does The Globe and Mail, where it is only at the end of the article that the issue of gender is brought up by a single student:

But a female Grade 11 student jumped in to the conversation and disagreed.

"How can you say she's a liar? Yeah, I feel bad for those guys getting arrested at school. [But] no one knows what she's feeling right now, so you can't say anything," she said.

"If you do it 100 times, it's okay 100 times. When the 101st time she says no, you have to stop. It's rape. It's not consensual the 101st time."

It's this kind of opposition that suggests that you can only fight one battle at a time - that if you are committed to gender equality you do so at the expense of fighting racism, as if there is only so much justice in the world to go around, and progress must occur unilaterally if it's to be considered progress at all.  As if your commitment to equity is common property to be distributed at the whim of an objective judge of who needs help most, as if "women have no right to complain about sexism, because racism still exists," or "women are discriminated universally, and therefore women's rights surpass all others in the consideration of injustice."

This myth, widely perpetuated in the media, is simply another justification for inaction, telling us that it is okay to do nothing because we cannot do everything.  In endorsing this myth, we waste energy on trying to determine which group needs our contributions, our words, and our voices the most instead of just jumping right in.  This false zero-sum game of playing oppressed groups off each other is getting old, and I'm amazed that we still fall for it every time. 

There is no dichotomy in this sad case.  The players aren't racism verses sexism verses classism, but complex individuals each stereotyped by the values society places on those markers of distinction. 

So I'll be watching this Toronto case from my Maritime perch afar, rejecting the specious arguments that racism is enough to make a woman cry rape, or that the North Toronto community always plays the race card, or that modern high school girls are whores who like to serve their male counterparts.

I know that the picture is actually much, much bigger.  Provided, of course, that ones willing to step back far enough to actually see it. 

Sorry, Mom: still not a lawyer

As a lit geek, I'm awfully fond of adages. 

"In for a penny, in for a pound," I think, surveying the box of leftover Hallowe'en candy, my hand still clutching an Aero wrapper.  "Good things come in small packages."

This means conversations in the Sabby household often take the following form:

Sarah: "The only thing necessary for the triumph of evil is for good men to do nothing."

Abby: "So does that mean you're gonna vacuum the kitchen or what?"

And so on.  But one saying I'm particularly fond of spouting while reading the newspaper is "hard cases make bad law."  I used to say it just to make my mother hope that I was going to apply to law school, the refuge of English majors everywhere - after all, what with the writing and the generally being obnoxious, I was tailor-made for a law career practically from birth.  I even bought the LSAT  guide and left it in the bathroom, just to make her think I was studying in there.  Even now, I suspect that in the crinkles of her left ventricle, my mother feeds a secret hope that one day I'll don robes and use "article" as a verb instead of a noun.  I won't, but that's really beside the point.

But hard cases really do make bad law, and I've got to say that the latest debacle in Alberta's courtrooms is certainly as hard and bad as it gets:

The Alberta government will introduce legislation this month to allow children to sue their mothers for car crash injuries they suffer while still in the womb.

Yes, apparently now women's bodies are aren't their own anymore if they're in the process of gestating - but it's okay, because it's only while women are driving.

The legislation, a Canadian first, raises concerns it will open the door for mothers to be sued for other activities they pursue while pregnant, such as alcohol consumption or high-exertion sports.

However, Alberta Justice Minister Ron Stevens said the legislation will be written narrowly enough to avoid these worries. Legislation of this type exists in Britain and law academics say it has not undermined women's rights.

Oh, really, Justice Minister Ron Stevens? Well, let's look at that law, shall we? Here's what the United Nations Office on Drugs and Crime has to say about it.

Britain's Congenital Disabilities (Civil Liability) Act 1976 (England and Wales) clarifies the right of a child born disabled, as distinct from the mother, to bring civil action for damages in respect of that disability.  In its initial inception, the act determined that

in order to have a right of action for any negligent activity that results in injury, the Act requires that the child be born and have an independent existence apart from its mother, providing for liability only if "a child is born disabled" (sect. l(l)), "born" meaning "born alive". Thus, no cause of action is established by the Act in circum- stances where the child dies by virtue of some act of negligence that affects it while it is in the womb. Furthermore, the Act does not impose any liability on a mother, in the usual course of events, for any negligent act or omission, liability being imposed only in circumstances where the tortfeasor would have been "liable in tort to the parent or would, if sued in due time, have been so" (sect. 1(3)).

So in English, that means that a until a fetus is a born, it has no rights of its own, and cannot be considered independent from its host (ie, if it's born, what we would call its mother).  Once born alive, however, a fetus (now a person) has the right to sue those who inflicted injury upon it, provided that the injury could also be claimed by its host while in utero (ie, its mother).

BUT...

This formulation was the result of the deliberations of the English Law Commission (paras. 54-65), which chose to reject any proposition that a child be able to sue its mother for pre-natal injuries caused by her negligence on the grounds of social policy arising out of a concern for family cohesion. The Commission was particularly wary of any litigation that might be brought on behalf of the child which claimed that the mother's failure to give up cigarette smoking or alcohol or follow a particular dietary r6gime during pregnancy had caused it injury. The existence of such an action would be a fertile ground of matrimonial and parental conflict leading to litigation. The Commission did take the view, however, that different considerations applied to injury resulting from a result of a road accident caused by the pregnant woman's negligence; it believed that the existence of third-party insurance would prevent any risk of a child's claim against its mother causing family conflict.

In other words, the reason that women were not allowed to be sued for injuries occurring to their unborn children had nothing to do with women's rights, but was added to the Congenital Disabilities Act to avoid the possibility of family dischord and parental conflict.  Women who are exposed to cigarettes and alcohol while pregnant as part of a "social policy" (because, presumably, their husbands/partners also smoke/drink) are permitted to continue their potentially harmful activities without reprisal, but women acting as independent agents while operating a motor vehicle should be liable to punishment if they harm their non-viable offspring before birth.

The Congenital Disabilities (Civil Liability) Act 1976 thus imposes a duty of care on a pregnant woman with respect to her unborn child only in the context of driving a motor vehicle. Beyond that, the Act does not feature as a means of controlling her pre-natal behaviour. Thus, this legislation cannot serve as a method of regulating female behaviour with respect to drug and alcohol use during pregnancy. The most that can be said is that the existence of the Act serves to provide an educative device in this context, perhaps reminding pregnant women of the consequences that their conduct might have.

But it doesn't exactly work out that way in practice, because the Congenital Disability Act offers an excellent model for a legal evaluation of women's behaviour that is uniquely different from men's, ultimately creating a division between the way male and female parents are treated under the law:

Although the English courts are not prepared to go to extremes regarding protective intervention, intervention in the life of a female drug abuser can be Draconian in a fashion differential to that of a man. If a woman continues her habit during her pregnancy, she will run the risk that her child will be taken into governmental care at birth and it will be difficult for her to re-establish care of the child. This will be so even if the parenting skills of the woman have never been tested and the effect of drug use by a mother on a child whom she keeps free of drugs has not been the subject of research. While criminal penalties may serve to curb drug abuse to some extent, for a pregnant mother the risk of losing her child may well present the ultimate sanction.

So it seems that Justice Minister Ron Stevens is talking out of his ass - such legislation in Britain certainly does have a potentially harmful effect on women's rights.

"I'm absolutely clear that this legislation is focused on a particular circumstance and it will comply with the direction of the Supreme Court ... and that it will not open the door to other cases," Mr. Stevens said yesterday. "I have no intention of going there."

Nor did Britain, it seem, in 1976.  But by 1986:

the House of Lords concluded that the use of the present continuous tense in the statutory formulation denoted that the child's position had to be looked at in a continuum. In so doing, it concluded that treatment by a mother of her child before birth was of vital legal significance; it also raised the question of what other maternal conduct during pregnancy was likely to, or at least could, lead to the removal of a child from its mother.

So I call bullshit on Justice Minister Ron Stevens.   BAD fucking law.

But it's not only bad fucking law from women's perspective either:

The proposed legislation has drawn criticism from automobile insurers, who would bear the costs of successful lawsuits.

The amount of the lawsuits will be limited to the liability coverage for which the mother is insured. Mothers will not be held personally responsible for costs.

So the point of all of this is to allow children who sustained injuries while fetuses to sue insurance companies?

Erm, yep:

This move has been spurred by the case of Brooklynn Rewega, now four years old, and her family, of Rainbow Lake in northern Alberta.

Brooklynn's mother, Lisa Rewega, was driving to church on Dec. 31, 2000, when she lost control of the car. In the rollover, Lisa Rewega was thrown through the windshield. Brooklynn was born four months later blind, brain-damaged and with cerebral palsy. She suffers from seizures throughout the day and needs constant care. The family believes her injuries came as a result of the accident.

Okay, so the Rewegas need money to help pay for Brooklynn' s "constant care." That's fair.  But isn't Alberta the richest province in the country? Surely they must provide adequate care for their disabled, don't they?  Don't tell me the province that just gave each of its citizens $400 is trying to go after private money to serve the public need? 

The potential for a proliferation of lawsuits has raised the ire of the insurance industry. Jim Rivait, Alberta vice-president of the Insurance Bureau of Canada, said the government is passing this legislation is because it moves responsibility for taking care of some disabled children off the government's shoulders and onto the auto insurance industry.

The only reasons mothers cannot be sued for other risky activities they might engage in, he said, is because no insurance is available.

He said mothers -- and more specifically, their insurance companies -- could be open to lawsuits that stem from something as small as a fender-bender if the child develops Attention Deficit Disorder.

So let me get this straight: bad fucking law for women, bad fucking law for business.   Bad fucking law for small-c conservatism, bad fucking law for people with disabilities. 

But good fucking law for the Alberta government.  Good fucking law for the "thin edge of the wedge" people.

Was that another adage? Amazingly, I don't seem to like that one all that much. 

National Post to Camilla: You're not as pretty as Diana, therefore we don't like you

So the heir to the British throne and his latest wife are on our continent for the first time since their wedding, and misogynistic royal watchers are eagerly gaping for any opportunity to list the ways that Camilla isn't a thing like the overexposed, uberexpensive, recast-Candle-in-the-Wind, bulimic Princess Die Di.

Oh, I'm sorry.  Was that in poor taste? If you thought so, you're probably still experiencing the aftermath of the "Diana can do no wrong" cult, founded on the principle that the stylish woman who took her gloves off to embrace AIDS hospice patients can be forgiven for all sins against propriety, gender or good taste.   

Certainly the National Post is still captivated by such echoes of the dead princess, choosing to recast Camilla with Diana's public identification of her as "the Rottweiler," and, despite the newfound surge, in "Camilla chic," chastising the Duchess of Cornwall's former "frumpy" duds:

For her part, the Duchess will play up her no-nonsense, hard-nosed charm, and with the help of her dressing staff, lend fresh meaning to the fledgling phrase "Camilla chic." Whatever it means, it at least marks the end of her frumpy public image, best characterized by Princess Diana as "the Rottweiler."

Whereas the preciously coiffed and ever-princessy Diana presumably made all of her clothing decisions herself, the National Post wants Canadians to note that Camilla has yet to master the complexity of buttons and zippers, and is helpless without "the help of her dressing staff." Whatever "Camilla chic" means, it's irrelevant to any of us New Worlders, really, since she used to be frumpy, the ultimate in unforgivable sins for a woman to commit.  What, be brash, dirty and actually ride in her riding clothes, instead of parading them down a red carpet? That old boot.  What a way for a woman to behave!

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I read: codex

  • Hugh Maclean: Ben Jonson and the cavalier poets;: Authoritative texts, criticism (A Norton critical edition)
    My love for the Norton Critical Edition knows no bounds of decorum, what with the footnotes handily dangling at the bottom of the page, the effective but not-excessive use of white space and the pages and pages of charming formalist criticism handily excerpted for one's edifying pleasure, and this fine specimen is not only crammed with the verses of Carew and Herrick and Shirley and Waller and Suckling, but the Benniest of Bens himself. Aaaaaah.
  • Margaret Atwood: Strange Things : The Malevolent North in Canadian Literature  (Clarendon Lectures in English Literature)

    Margaret Atwood: Strange Things : The Malevolent North in Canadian Literature (Clarendon Lectures in English Literature)
    Right to the frosty tips of my Maritime 'burg nestles the omnipresent appreciation of all things Canadian - lest not forget, 'natch, that this is Lower Canada, first founded, settled by those who settled and therefore most appropriate dwelling-place for some serious CanLitticism on a chilly eve - a hunger best feasted with the reigning Empress of post-Dominion Culture, here her own splendid Wendigo-fed self most engaging with a bemused discussion of the particular neuroses provoked by our frozen mythoscape that are so lovingly delineated by myriad earnest PhD dissertations from sea to sea to sea.

  • Candace Savage: Crows : Encounters with the Wise Guys

    Candace Savage: Crows : Encounters with the Wise Guys
    Seduced by the caw of the wild that blankets the UNB campus with a murderous cacophany of harbingers of death at the same time every fall, I put this on my Chrismas list hoping for some new insight into these amazing creatures that mimic human speech and modified tool use - instead, I found surprizingly mediocre musings on evolutionary biology from an unqualified, underresearching hack writer made bearable only by a bevy of lovely photographs and images of our witty black-feathered bretheren.

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