Jane Eaton Hamilton

"I cannot and will not cut my conscience to fit this year’s fashions.” – Lillian Hellman

Tag: The Globe and Mail

“Jade Colbert rounds-up the best from Canadian independent publishers.”

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Don’t know if this is exactly a *good* review or not, but it’s the Globe, so what the heck? Happy to be here with Myrna Kostash and Susan Perly.

Globe and Mail review

Canada is Raping You

#Ghomeshi ##gomeshi #ibelievelucy #IStandWithLucy #BillCosby #hairextensions #truthmatters #rapeculture #cndjustice #sexualassault #dowomenlie #canadaisrapingyou #rapeisrape #womensrights #listentosurvivors

The complicity of the Canadian state in rape is a prelude to assault.

We have debunked the myth that the blame for sexual assault lies with the victimized.* Verdict after case not tried after case not reported assures us the fault doesn’t lie with the offender. According to Stats Can, only 3 out of 1000 sexual assaults in this country end in conviction.

Folks, there is only one other place to land fault: With the government of Canada, which is failing to protect you, and in failing to protect you, creating the misogynistic atmosphere that virtually assures your victimhood.

Here is part of your Canadian Charter of Rights and Freedoms, which indicts the government for all of us to read:

Section 7: right to life, liberty, and security of the person.

Section 12: right not to be subject to cruel and unusual punishment.

Section 15: equal treatment before and under the law, and equal protection and benefit of the law without discrimination.

Canada is courting rapists, and their statistical shout could scarcely be louder: Rapists, please, go for it.

Once, residential schools were legal. Once, Japanese internment was legal. Outside of our country, apartheid, the holocaust and slavery were legal.

Now, in Canada, rape is surely the next thing to legal. Rape is used as a tool of power and control to maintain the status quo and it establishes a dominance our legal system entrenches.

If you were a Canadian rapist, and you knew that you could rape with impunity, would you be likely to stop?

At least 1 out of 4 Canadian women is raped. Imagine 4 women in your life. Imagine 8 women. Imagine 16 women. Of those 16 women, 4 at least will have been raped. All of them will have experienced the preludes to assault, including the sure knowledge that if they are next, they will be unprotected by the law.

33 women out of 1000 raped women come forward. Imagine if only 33 out of 1000 break and enter victims called police. We would know something besides our front window was broken.

6 out of 1000 sexual assaults go to court. That’s how many victims Canada finds credible, and most of those complainants will be undermined—by introducing irrelevancies that don’t pertain to the assault.

Furthermore, only 2-8% of women lie about rapes, which is less than the percentage of people who lie about robberies, car accidents and assaults. Yet the outcomes to the different crimes are radically different.

Does anyone—even within the law profession–really imagine that the complainants in the Jian Ghomeshi case had equal treatment under the law, and equal protection and benefit of our laws without discrimination? Or do our Charter protections only come into play if you’re charged with a crime? Do women’s equality rights end when an abuser puts his or her hand on her? Do they end later when she reports to police? Or does she retain them until she is “whacked” in court?

I cherish our Charter.

As one of the litigants in Canada’s same-sex marriage case, I sat in Beverly McLaughlin’s courtroom in Ottawa as the court debated the reference questions from Parliament about changing our constitution to include queers in 2005. What living Canadian would I most like to have dinner with? Beverly McLaughin.

Our Charter is a living tree. It is meant to branch and change over time. I have watched it grow, quite literally under my fingertips. For a long time after the Charter’s advent in 1985, we had a program called Court Challenges, which provided funding to lawyers to challenge the constitution. The Harper government got rid of it and just this week the Libs announced they’re bringing it back.

Lately people, especially lawyers and pundits, seem stuck in the idea that we can’t change how sexual assault cases are tried. I find this notion bizarre and ridiculous.

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” –Margaret Mead

Neil MacDonald in an article for the CBC (linked below) maintains that I mock due process. And, in fact, he’s only half wrong: I regard it warily. If it is used as a means to justice, I admire it. If it is used to psychologically batter (almost always female) complainants, I do not admire it.

One is called to wonder why we value rapists’ freedom so very much that 2999 victims out of 3000 don’t have the reassurance that their rapists will be jailed for assault. Is it really better to let 2999 guilty offenders off the hook in order that one innocent one doesn’t rot in jail? Are abusers 2999 times more important than their victims?

Because that’s what we’ve been saying with how we utilize due process in sexual assault cases.

Leah McLaren has written in the Globe and Mail about the UK system of trying sexual assaults. It has changed there, and it can change here:

“The British court has significantly changed the way it deals with sexual-abuse trials. Most complainants are now interviewed and videotaped by police at home and not required to retell their story live in court. Complainants are then cross-examined via video link in a separate room from the defendant to avoid potential intimidation.

Defence counsel are required to make a special motion in advance if they want to bring up the complainant’s sexual history or conduct unconnected to the alleged incident. They must also, in most cases, submit their questions for cross-examination in advance, to be approved by a judge before trial. Neither are defendants given a choice to be tried by judge or jury. Virtually all serious crimes are tried by jury in Britain.

In the aftermath of the Jimmy Savile scandal and Operation Yewtree, it simply isn’t possible for defence lawyers in Britain to ambush and “whack” complainants in sexual-assault cases the way they once did (and the way, as some say, they are still perfectly entitled to in Canada). In Canada, by contrast, we still have a system that continues to fail the very victims of sexual assault it was designed to protect.”

We know the answer for why Canada has organized itself to dissuade victims from reporting their assaults. It’s because of systemic misogyny. Courts and the law have been formed and shaped by (elderly white) men to perform for (elderly white) men. At each step along a woman’s post-rape path, the system must step on her back and she must learn just how unimportant and impeachable she is as a citizen. Because if women didn’t stay down, misogyny would crumble.

Guess who will stop Canada from treating women like this, if you don’t? You know the answer: No one.

Here’s a radical idea:

Survivors who have been decimated in Canada’s courts, whether in the Ghomeshi case or in other sexual assault cases, might band together, preferably in several provinces at once, find a lawyer interested in constitutional law and sue the Federal government for abridging their Charter rights.

Readers will want to tell me, I know, how my analysis is skewed and this can’t possibly be done, given Canada’s current legal structure, but please save your breath.

Don’t tell me how it can’t be done, tell me how it can be.

And then show me.

 

*I use the word victim to refer to victims and survivors and complainants. I use the word men to also stand in for other genders. I use the word women to also stand in for other genders. I use the terms rape and sexual assault interchangeably despite the fact that “rape” is not legal terminology in Canada.

Court Challenges:

Relevant Dates:

  • 1978: First court challenges program for language rights.
  • 1985: Program expanded to cover Charter equality rights.
  • 1989: Standing Committee on Human Rights and the Status of Disabled Persons carried out a study, hearing from 62 witnesses. It concluded unanimously that there were “not merely sufficient, but compelling reasons” for continuing the Program
  • 1992: The program was cancelled by the Conservative government.
  • 1994: Under a new Liberal government the CCP was reinstated under the Department of Canadian Heritage (it is later made into an independent non-profit corporation)
  • September 2006: Program abolished by the Harper government.
  • May, 15 2007: Parliament’s Official Languages committee stops functioning after the Conservative chair refuses to hear witnesses on the government’s decision to axe the CCP.
  • June 2008: The Harper government restores funding for the linguistic rights part of the former CCP, now operating under the name the Language Rights Support Program.

Role or Position

The Court Challenges Program (CCP) provided funds to support test cases of national significance. Specifically, court cases that clarified the constitutional rights of official language minorities and/or those pertaining to equality rights of Canadians.

Implications and Consequences

  • Equality: Access to justice in equality rights cases is severely limited and is available mostly to those with the financial capacity to pursue them.
  • Equality: Canada’s global reputation of being a leader in human rights is greatly diminished by the elimination of a unique program admired around the world.
  • Democracy: Discriminatory laws and practices remain untouched and unchallenged for much longer.
  • Equality: Programs to provide protection from government discrimination such as LEAF for women, DAWN, for women with disabilities, Egale for gays, lesbians, bisexual and trans-identified people are limited in their ability to protect individuals as effectively.
  • Equality: The cancellation of the CCP diminished the disability community’s access to justice.

Court Challenges Program

Charter of Rights and Freedoms

Canadian Rape Stats

Neil Macdonald for CBC

Leah McLaren for the Globe and Mail

Jane Eaton Hamilton The Preludes to Assaults

 

Marnie Woodrow: Author Q+A

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Author photo: Janette Piquette Photography, 2014

Thanks to author Marnie Woodrow for putting herself into the spotlight for me. I am happy to share Marnie’s talents with her fans, and also to introduce her to new readers. Here is our Q+A:

I think anyone who follows your career knows that you wear many hats. You are a bereavement counsellor, an editor, an avid cook—not to mention the big hat, the 30-gallon hat, which is author. How do you manage all that shifting and juggling?

I have a lot of energy and also no interest in sitting in a room alone 7 days a week. There’s nothing to write about if one doesn’t live. Plus, there’s the practical reality of paying the bills and I like to shake up how that happens. I certainly don’t write fiction for the money it brings in.

How much time does your counselling occupy?

I mostly give workshops, so it’s completely up to me how often I do grief and bereavement work. Not surprisingly, my bereavement training comes in very handy with certain editorial jobs, especially memoirs. I’ve worked on some very intense personal material about grief issues.

I sent one of my friends to you to have his (first) book edited and he was very happy with the outcome. How much editing do you fit into your schedule?

I love editing. I see a lot of contempt on the part of some freelance editors when it comes to working with writers and I don’t get it. It’s a beautiful relationship when it works and that’s a two-way street where respect is concerned. I edit one to two writers a month max in terms of bigger projects, and I coach weekly, never more than two or three writers at once. I like to enjoy what I’m doing and not resent it.

Let’s talk about writing. When did you come out of the gate as a writer? And why short fiction?

I started off writing poetry, which was roundly rejected by all magazines and journals. I was about 20 when I started writing short fiction and that was the first writing I had published (next to my recipe for pork chops, printed in a newspaper when I was about 10). I still write short fiction and poetry. I get more excited about publishing poetry than I do prose, because to me it seems so much harder to break through in poetry. Whether or not I send my collection of poems out remains to be seen. I have also returned to playwriting in the past 2 years.

Do you prefer writing short fiction or novels?

Right now I’m in love with the novel form. The ideas that come just seem to require more breathing space and I’m also addicted to research and preparation, which novels seem to require. I have two full-length plays I’m resuming work on, but once this next novel takes hold in a bigger way, I’ll turn my focus to it till it’s done. I don’t ever want to spend a decade on one project again unless it is absolutely necessary.

What was your experience in publishing a first book? A second book?

My first book came out with a tiny Toronto press and it was a hand-numbered affair with lots of indie bookseller assistance. Handselling and word of mouth have always been important in my career. My second book was with a slightly larger press and that was fun, it got more attention, although again, as a very indie phenomenon. My third was with a huge house, Knopf, and that was also a thrill ride.

Are you still writing short fiction, and, if so, when will we see your next collection?

I wrote a third collection of short fiction that I plan to resume work on next year, but there are too many other projects on the front burner for now.

Your novel “Spelling Mississippi” came out in 2002. How was this book, which doesn’t take place in Canada, but in Louisiana, born?

It came of a passion for the topic of the Florence flood of 1966, and wondering who was there for that in their youth and a passion for New Orleans, city of beautiful, insane, lovely people. I stayed there for a few months in my early 20s and there was a real woman who tried to cross the Mississippi, and it made me wonder what she planned to do when she got to the other side, had she made it before the Coast Guard yanked her out of the water.

“Spelling Mississippi” is a lesbian novel. At the time it came out, lesbian work was pretty fringe in Canada. What has been your reception as a lesbian author?

It’s interesting to think of this now, because at the time Knopf didn’t treat it as a lesbian novel, but as literary fiction, part of their New Face of Fiction campaign, with little focus on who the lovers were in the story. So I think I found a lot of non-lesbian AND lesbian readers that way. I’m an out and proud writer, but I never actually envision my work as lesbian, although it almost always is, character-wise, I suppose. Except for the next one I just started, and who knows what that will end up being…

What has it been like to be a queer author in Canada?  Do you think it has altered your career or opportunities?
I’m told often that there is a lavender ceiling, a limit to how much acceptance any queer writer will ever get here, and I suppose it all depends on what a writer is looking for from her career. I mean, it’s never been a goal of mine to be a household name or to be invited to the right party. I want to be read widely, if possible, but the quality of the writing should be what draws people to a book. I don’t read exclusively queer authors and I think it’s important to branch out in all directions whether with what we read or what we write. 

Do you have advice for young queer writers considering careers?
Read more than you write, read more than you blog, write often and with your own voice and it will happen. Talent cannot be suppressed. Discipline is more important than fifteen seconds of internet fame. 
Now that Spelling Misssissippi is all wrapped up, and behind you, are there things that you would do differently? Were you happy with the outcome?

I would have enjoyed myself more instead of worrying so deeply about book sales. I was paid a lot of money for “Spelling Mississippi” and I took the pressure to heart quite intensely. But I was also thrilled with the experiences I had (festivals and readings) and the people I met through researching and publishing it. And the team at Knopf was wonderful, I got to work with one of the best editors in the country at the time, Diane Martin.

Do you have specific thoughts about publishing, about the changes in publishing since you brought out your first book in 1991?

I think that social media is a huge help to emerging writers in some ways, and certainly Can Lit has a huge profile now, much bigger than it had in ’91. It’s still a hard go that isn’t for the faint of heart. I once had a student ask me what he could expect for a salary in fiction writing and I had to work really hard not to laugh. Salary? I wish!

What is the best part of being a writer for you?

Having an outlet for my insatiable curiosity and justification for talking to myself, a lifelong only-child habit. Also, I love reading and, well, one has to read voraciously if one is going to write anything decent.

What is the most challenging part?

Keeping the faith some days. Ass in chair on a sunny day is also hard.

I know you have a new novel due out this fall (2015). Can you tell us a little about that book and how it came to be?

Heyday is the name of my new novel, and it’s a parallel love story set in 1909 and the 21st century. It came of my love for rollercoasters and Toronto Island then and now and my personal questions about reincarnation and grief.

Is there a story or a fragment of prose that you could share with us?

Excerpt from the opening pages of Heyday:

We met after the man Ferris invented his wheel and before time-share villas on Mars. It was hot for June. You came dashing down the ramp of life, all boots and hope. In the sun we made promises, plans to conquer the world outside the one we’d had named for us. We designed a wild world of cotton candy dreams and cold drinks and always the decision of whether to spin or coast, soar skyward or rush downward. Do both, you tell me now. And when night comes, autumn—keep your promises, no matter what.

That one day the carbon stench of scorched wood and charred canvas drifted over the harbour. Silver tendrils of smoke rose still from the devoured skeletons of roller coasters. Before even reaching shore I could see and smell the destruction. It was necessary to shut my ears to the comments of gawkers riding the ferry, out for a last good look at the fall-out of a wayward spark in a wooden kingdom. Our world. Their heartless curiosity was nearly unbearable. Talk of insurance and arson and none of it mattered till I clapped eyes on you again and knew that another girl had been taken away from someone else.

She was the healthy one, everyone said. If anything, I should have been the one to get cancer. Me with my long love affair with cigarettes, my big fat appetite for everything decadent and bad for you. And then there was my dishonest heart, loving elsewhere but with cowardice. Loving you through time. You must be this tall to ride this ride…

            We’ll go to Coney Island, it won’t matter. No crying. Girls died every day. Not mine.

Marnie Woodrow (born 1969 in Orillia, ON) is a Canadian writer and editor. She has also worked as a researcher/writer for TV and radio.

Woodrow has published two short fiction collections, Why We Close Our Eyes When We Kiss in 1991 and In the Spice House in 1996, and the novel Spelling Mississippi in 2002. Her second novel, “Heyday” is slated for Fall 2015 publication in Canada with Tightrope Books. A recent popular writing instructor at the University of Toronto School of Continuing Studies, she won an Excellence In Teaching Award in 2005.

Spelling Mississippi was short-listed for the Amazon.ca First Novel Award in 2003.

Woodrow has also been a columnist for Xtra!, Toronto’s gay and lesbian biweekly newspaper. Her occasional journalism, essays, stories and poetry have appeared in numerous publications including The Globe and Mail, National Post, CV2, Write, NOW, eye weekly and This Magazine.

A former resident of Toronto, Ontario, she now resides in Hamilton, Ontario where she teaches Creative Writing at an independent bookstore and online.  -from Wikipedia

 

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