Showing posts with label Gang Violence. Show all posts
Showing posts with label Gang Violence. Show all posts

Thursday, July 19, 2012

Our Mayor is confused. This should be a Heritage Minute.


Wow, Rob Ford. Just, wow.

This is the most recent headline in Ford's continuous responding to the horrible shootings in the city:


I think I might be more confused that Ford is at this point. I don't even really know where to start, so I guess I'll just start at the beginning. Rob Ford announced his intention to explore the option of "banishing" convicted gang members from Toronto all together. This is very, very puzzling for many different reasons.

Immigration Laws. I'm not a legal expert by any means, but, immigration laws (by definition) deal with immigration and refugees. Canada regulates immigration under the umbrella of several "Acts" and "policy" including The Immigration and Refugee Protection Act, Citizenship Act and Regulations, and the Canadian Multiculturalism Act. Generally speaking, immigration and refugee matters are not automatically considered criminal matters. For instances of "crime" we have what is called the Canadian Criminal Code.

The Canadian Criminal Code,or (in terms Rob Ford can understand) Crime Laws. In Canada we have a Criminal Code, with "codifies" not only criminal offences in Canada but also the procedures to which the criminal justice system should adhere to. This is a handy code and it outlines for us criminal behaviour as well as punishment for criminal behaviours. Immigraton law is generally not included in the Criminal Code of Canada unless an immigrant breaks the law, however, things related to gang violence often are. One of the nice things about "justice" in Canada is that if you break the law and are caught, you will be penalized accordingly and after serving a sentence, fulfilling community service, or paying your fine you are no longer penalized(unless you are a dangerous offender or a sex-offender in which case your movements are monitored and the community you reside in are warned of your presence). Obviously this is theoretical, and we understand that the criminal justice system is not perfect and operates within the confines of human behaviour which includes racism, sexism, classism, stereotyping, discrimination, and all of those fun things that come with being part of this society. But, generally speaking, crimes belong to the Criminal Code, because other laws deal with with mainly procedure and definitions. 

Using Immigration Laws to deal with convicted gang members is not possible in Canada unless the gang member is an immigrant, a refugee, or an illegal. Even then, the Immigration Laws of Canada wouldn't be used to penalize (because that's what the Criminal Code is for). Immigration Law would more likely be used to ensure the proper procedures are followed and that the proper definitions are applied to the peoples in question. If an immigrant breaks the law in Canada, they're subject to the Canadian Criminal Code. It's really as simple as that.

To "banish" gang members from Toronto one would have to amend the Criminal Code to include "banishment" as a proper and allowable punishment for a crime. Considering our societal understanding of crime and punishment is that you do "your time" for a crime and then re-enter society with no lingering penalty, this seems like a very bizarre fantasy. I'm at a loss to understand how a politician doesn't understand not only the difference between Immigration laws and the Criminal Code of Canada, but also doesn't understand the process or procedure around amending laws. As well, that the Mayor of the largest city in Canada doesn't seem to grasp that Canadians have been guaranteed certain rights(whether or not these rights are always adhered to is, of course, a different debate). 

The Canadian Charter of Rights and Freedoms outlines our rights as Canadians. Assuming that ``gang members`` are Canadians, they are also entitled to these rights. This includes Mobility Rights, the right to live anywhere in Canada. This also includes the right to be excluded from any cruel or unusual punishment if you are convicted of a crime.
In Canada we don`t currently use exile or banishment as a form of punishment, formally. In some instances, parole may entail that a person has to stay in a certain area but this usually isn't for the remainder of their lives. Sex offenders aren't supposed to live within a certain range of places where children or vulnerable people may live or congregate. So that would make banishment not only a very bizarre departure from how we as a society view punishment, but also it could be considered cruel or unusual.

Anyways, these are just logistics. I mean, they`re only how we structure our nation legally. What I find equally mind blowing is that Rob Ford wants to banish gang members to other municipalities. WHERE? To the Island of Misfit Toys? To Guantanamo Bay? To Amish Country? Is there a town somewhere that's like "send us your convicts!" No. There isn't. This is because every town, village, city, and municipality has their own convicts and they probably won't appreciate Toronto shipping theirs off to become someone else's issue. It's kind of just plain rude. 

By Ford's logic(I think, trying to understand what he means is a bit.. difficult)he wants to "use" immigration law to control the "migration" of criminals. What he doesn't seem to understand is that this does not fall under the purview of immigration law as we know it in Canada.  So.. does he wants to banish them to somewhere unpopulated? Or, to some kind of camp? It's all very bewildering and I'm not really quite sure how a grown man who is supposed to be charge of a City and understand politics can recover from this. He doesn't have a basic understanding of Canadian laws, policy, or procedure and that should probably be something one acquires after years and years of earning tax payer dollars.

As I wrote earlier today, I just really feel like Rob Ford is picturing a Hunger Games scenario in his brain and he's too afraid to just come out and say it. Unfortunately for Ford, this is "real life" and we have to abide by the "Laws" in place

Next thing we know we'll catch our Mayor engaged in some kind of otherworldy ritual, trying to banish evil from his city, and save us all from those "thugs." 



Gang Hunger Games: Problem Solved.



Toronto's Mayor Rob Ford seems to be losing grasp of the city. After the tragic shooting which resulted in the deaths of two young people this week, Ford went Reagan and declared a war on gangs. More specifically, he blamed gangs for the recent uptake in violence in our city. To quote
 Ford:  “We must use every legal means to make life for these thugs miserable, to put them behind bars, or to run them out of town. We will not rest until being a gang member is a miserable, undesirable life.

Most people who have studied gangs or gun violence will say that a prevalence of gangs often indicates deep poverty in an area,a lack of community services and resources, restricted access to education and well-paying jobs, and communities that have faced systemic and historical discrimination.  Many people would also agree that "being a gang member" is already a miserable and undesirable life because it's more often than not something you have very little choice about. 

The week before this terrible tragedy, Rob Ford voted against every one of the city's community development grants program, in some cases being the sole vote against them (including his brother, Councillor Doug Ford). Of particular interest is his vote against accepting federal money for a gang prevention program that would be free for the city. Many of the projects Ford voted against were explicitly designed with community safety in mind, including improving race relations and promoting community participation,the largest amount of funding was for programs that are focused on vulnerable,marginalized, and high risk communities.

Rob  Ford has mentioned his dislike of community programming and he doesn't seem to think that community programing and socially responsible education can curb gang violence. He told reporters:“Some people have suggested there is a gang war brewing. I don’t know if that’s true. But, I do know it’s time for us to declare war on these violent gangs.”

He doesn't know if it's true,he doesn't know what causes gang violence, but he DOES know that the appropriate response is a war on gangs. 

I think that Rob Ford is wrong. This is not the right response to violence, it does not address the deeply rooted systemic issues of racism and poverty, and it will not stop gangs or gang violence. Rob Ford has the perfect solution right in front of his face, and I suspect he secretly knows it but doesn't have the courage to put it forward.

Rob Ford, let me do it for you. Toronto's solution to all of these complex issues is very simple:

HUNGER GAMES.

Gang members SHOULD go somewhere else, as Rob Ford so eloquently put it today, a gigantic stadium in which they will fight to the death for the entertainment of the rich and for the benefit of their district! It's so clear! I'm sure there will be some naysayers to this proposal, but let me break it down for you.

Toronto is already broken into "districts" if you think about it. Our neighborhoods have distinct boundaries and are generally divided by factors that would be important in choosing Hunger Games contestants: the poor, immigrant, and "minority" populations are pretty consistently stratified in different neighborhoods than the rich, white folk.

A lot of Toronto DISTRICTS are desperately in need of the basics of life: better access to affordable food, safety, a break from negative scrutiny. Putting these people in a situation where they can help their communities is exactly what Rob Ford is prescribing: a job is the best social program of all. Because this is real life and not a novel, we can proceed in ways that differ from the original Hunger Games. For instance, those who are in the lottery for participation should really be people who make under the Low Income Cut Off (which includes myself). This ensures that priority communities in Toronto are addressed and given something productive to do. It also ensures that people who already contribute to the city by being rich won't have to get their hands dirty.

The best thing about the Hunger Games is that it keeps people in line, which is exactly what this city needs. Contribute to the city, find a menial job even if it doesn't pay well or anything, tow the line, or else your district will be punished. Don't ship the gang members and poor people OUT, Mayor Ford,take advantage of them and ship them into a fanciful and intense fight for survival.


This also solves some of the cities issues with money. The elite will pay a great deal to view the Games! It will rejuvenate city pride and give people something to focus on besides politics and how bumbling the Mayor is. And we already have some great venues to hold the Games in: any of the new Pan Am games features, including the stadium; the Toronto Islands; any of the Universities or Colleges. Toronto is really the perfect place to stage a Hunger Games.

Finally, the Hunger Games will address this whole "making life miserable" thing. It will make those people value their lives, because obviously they don't right now(According to Mayor Ford). Life is too rosy for gang members and the poverty stricken in this city, and Hunger Games would really help them appreciate life.

I guess it isn't very politically "correct", but let's just call a spade a spade here. If Rob Ford wants the gang members to leave, if he doesn't want to support community programs that will address violence systemically, if he wants to make their lives miserable, then the Hunger Games is really the way to go.  Maybe the Low income cut off requirement for the Hunger Games would make people FINALLY pull themselves up from their bootstraps, get a job, and be productive members of society.

Problem solved, you're welcome Mayor Ford.



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