CENTREPIECE

Guest Opinion

by Samantha Chrysanthou

Samantha Chrysanthou is a third year student at the Faculty of Law, University of Calgary.

Privacy is the unsung hero of all fundamental human rights. It provides space for the exercise and development of these rights. Most democratic countries recognize a right to privacy in their constitutions either directly or indirectly. However, the very subtle nature of privacy that provides a platform for other fundamental human rights also makes it difficult to appreciate its value. Privacy has been preserved in the past more in default than through any active measures taken by society: it has simply been too difficult to collect and analyze, in any meaningful way, data on millions of individuals.

However, technological advances have changed the rules. Now, it is relatively cheap and time efficient for a computer to amass information about individuals, process this information, and create profiles of individual people. As well, advances in surveillance technologies have also allowed the collection of information about many individuals. And with technological ease comes profit. As one Privacy Commissioner noted, privacy itself is technologically neutral (D. H. Flaherty, "Some Reflections on Privacy and Technology" (1999) 26 Man. L.J. [hereinafter "Reflections"])

The protection of privacy as a human right does not mean that technology must be forgotten; in fact technology can be used to ensure the protection of privacy. Complementary to this point is the fact that technology itself is also neutral. It is the motivation behind the use of these technologies that poses a danger to the privacy of individuals in society. The protection of privacy as a human right has become a crucial issue in the information age.

Defining Privacy

Despite its importance, privacy is difficult to define. Preserving privacy is a value that goes to the core of human dignity and autonomy (See "Your Right to Privacy", online: Right to Privacy Homepage). In this sense, it is something more easily understood when it is lost. Part of the difficulty arises because privacy underlies many human rights and is implicated in many areas of law. Also, it is important to keep in mind that, in many ways, privacy is a non-legal right, concerned with the private interactions within a family, between individuals or with the self.

First, there is a physical aspect to privacy; that is, individuals have a right to privacy of their body against physical intrusions by others. This security has been extended in law to personal property that has an element of intimacy, such as the home. There is a strong liberal understanding underpinning this modern notion of privacy in that viewing the individual as autonomous and to be protected from outside interference is a distinctly classical liberal viewpoint. In 1890, two American lawyers formulated the most famous definition of privacy. Describing the right to privacy in the context of a tort action, Samuel Warren and Louis Brandeis described privacy as "the right to be left alone." (S. Warren and L. Brandeis, "The Right to Privacy" (1890) 4 Harvard Law Review 193). This understanding of privacy is the foundation of the legal concept of privacy.

Privacy may also mean the right to protection from unwanted surveillance or the right to control information collected and distributed about you. In 1988, The Supreme Court of Canada discussed the importance to the individual of asserting control over personal information: "all information about a person is in a fundamental way his own, for him to communicate or retain for himself as he sees fit" (Canada, Report of the Task Force Established by the Department of Communications/Department of Justice "Privacy and Computers" (Ottawa: Information Canada, 1972) at 13 as quoted in R. v. Dyment, [1988] 2 S.C.R. 417 at 429). Internationally, the Universal Declaration of Human Rights specifically protects territorial and communication privacy in article 12 which reads that "[n]o one should be subjected to arbitrary interference with his privacy, family, home or correspondence."

The concept of privacy can thus be divided into four related categories:

Information privacy, which includes creating rules to govern the collection, processing and use of an individual's personal data;

Bodily privacy, which includes protection of the physical self from interference;

Privacy of communications, including security of mail, telephones and internet; and

Territorial privacy, which sets limits on intrusion into domestic or other spaces (D. Banisar, "Privacy and Human Rights 2000: An International Survey of Privacy Laws and Development", online: Privacy International and Electronic Privacy Information Center [hereinafter "Privacy and Human Rights 2000"])

As with any right, privacy is limited. Sometimes the privacy of an individual is allowed to be limited for the greater benefit of society, for example granting a warrant to an intelligence agency to surreptitiously investigate the activities of a suspected terrorist. The danger does not lie in placing limits on privacy where needed but when unwarranted invasions of privacy are justified through unfounded claims for state security.

The Importance of Privacy

Simply put, without privacy, there are no fundamental human rights such as human dignity and autonomy. Without these and similar rights, a democracy cannot function (V. Steeves, "A Response to Professor Walter's Article, 'Digitalizing Technology, Transforming Ourselves'" (1999) 10 N.J.C.L., at 448). Thus, actions that undermine the privacy of individuals also eat away at the social and civil fabric of a democratic country. One author emphasizes the importance of privacy protections because intrusions "into our personal lives have concrete, real-world consequences. They shape how we lead our lives. The limits of our personal privacy define in large part the limits of our freedom" (B. Phillips, "Privacy in a 'Surveillance Society'" (1997) 46 U.N.B.L.J., at 131). Even more significant, privacy is non-renewable. Once privacy is invaded, it cannot be regained. Recognizing this, countries have moved to protect privacy to remedy past injustices, promote electronic commerce and to ensure consistency with other international laws (Privacy and Human Rights 2000).

As the full-scale invasion of people's privacy is a relatively recent phenomenon, not enough research has been conducted to test the effects of continued privacy violations. Some authors have examined the issue and claim that public surveillance, for example, alters the individual's relationships with public space and increases the chance that an arbitrary decision will be made about a person's guilt or innocence based on unreasonable or discriminatory grounds. This means that marginalized or socially disadvantaged groups are more likely to be targeted because of their stereotyped appearance or behaviour (S. Graham, J. Brooks and D. Heery "Towns on Television: Closed Circuit Television Surveillance in British Towns and Cities" (1996) 22 Local Government Studies 3). Also, as people become desensitized to surveillance, the temptation to encroach even further on privacy increases. This arguably creates a 'surveillance society' wherein citizens expect a high degree of interference from both the state and other entities, such as businesses. This leads to the question of whether we will be living in a democracy at all.

Threats to Privacy

Generally, the main threat to privacy is the increased use of invasive technologies. Since the Industrial Revolution, advances have been made in communications and surveillance technologies that are highly invasive. A more modern threat is found with technologies that are in search of an application (Reflections, at para 18). It is profitable to develop new technologies that feed off people's need for security against perceived increases in crime rates. A spin-off of this threat is function-creep: a technology is useful in its original application but its use is broadened into other applications that were not originally envisioned when the technology was developed (W. R. Webster, "Changing Relationships Between Citizens and the State: The Case of Closed Circuit Television Surveillance Cameras" in D. H. Flaherty, Information and Privacy Commissioner for British Columbia, "Video Surveillance by Public Bodies: A Discussion" (March 31, 1998) http://www.oipcbc.org/investigations/reports/invrpt12.html, [hereinafter Investigation Report]). An excellent example of this is the Social Insurance Number (SIN). Originally developed to process unemployment insurance and pension programs, the SIN has now become a virtual national identifier. Theft of SIN numbers causes a great deal of revenue loss through false claims. This highlights another problem with technology in that it is vulnerable to breakdown and misuse. As well, there is a tendency for the public to see the technology as the solution instead of addressing the underlying causes of the need for the technology in the first place (Investigation Report).

The threats to privacy are varied. A problem with the very diversity of the threats is that the law has not been able to keep up with the technologies, leaving gaps in the protection of privacy. Even when laws do exist, there are violations of the rules and the violators are not brought to task because often the individual does not know until after that her privacy has been invaded. For example, companies often flaunt laws relating to the collection and use of personal information. Sometimes inadequate security has led to the accidental disclosure of thousands of customer's records (Privacy and Human Rights 2000).

Three macro trends emerge in addition to the increasing sophistication of technology and the drive for efficiency and profit. First, 
globalization, especially with the contribution of the Internet, increases the flow of information regardless of geographical boundaries. Second, convergence of information systems leads to the fast and simple exchange of information and the processing of various forms of data. Finally, multi-media advances allow the transfer of various expressions of data into easily convertible forms (Privacy and Human Rights 2000). These trends all contribute to the process where the protection of privacy becomes subvalued.

There are several detailed areas where privacy is threatened and these will be outlined briefly below.

Universal Identity Cards

Most countries use some form of identity card to organize data on citizens and to streamline the delivery of programs. However, identity cards have been used in the past as a way to segment the population by ethnic classification or class, or to maintain state control over citizens (Privacy and Human Rights 2000).

Biometrics

Biometrics is the process of collecting, processing and storing details of a person's physical characteristics, such as fingerprints, retinal images and facial geometry, in order to identify that person at a later point. As your biometric signature is unique to you, or virtually so, it seems to offer a foolproof way of authenticating your identity. The use of such technologies is on the rise, especially by governments. For example, in the United States, Immigration and Naturalization Service (INS) uses hand geometry to allow frequent travelers to move more quickly through the system. Eventually, a worldwide identification system for travelers may be in place (Privacy and Human Rights).

Genetic Testing

Related to biometrics issues is genetic testing. Arguably this is an even more invasive area than biometrics because it strikes at the most basic information about a person, that which is contained in his cells. Knowing about a person's genetic make-up leads to information about future and current health problems and behaviours. DNA testing, often advocated as necessary in the workforce by some employers where the presence of drugs can affect performance, can also reveal information about a person's lifestyle. Police forces in Canada, the United States and Germany have created national DNA databases, and there has been movement to extend the collection of this information to larger groups of people (Privacy and Human Rights).

Surveillance

The concept of surveillance itself can be broken down into different areas. Surveillance can occur in private offices of private companies but has increasingly moved into public spaces. For example, some cities have examined the idea of installing surveillance cameras in downtown areas as a way of cutting down crime (Privacy Commissioner of Canada, News Release, "Privacy Commissioner Releases Finding on Video Surveillance by RCMP in Kelowna" (4 October 2001) ). Another form of surveillance is surveillance of communications. This includes eavesdropping technologies that cover the Internet, telephone, fax and general listening devices.

Surveillance by nature is overt and difficult to detect when it is happening, but the use of closed circuit television (CCTV) cameras may be the most noticeable form. The United Kingdom has used this technology the most, with an estimated 200,000 cameras operating in public spaces (House of Lords, Science and Technology Committee, Fifth report, "Digital Images as Evidence" (3 February 1998, London) in "Privacy and Human Rights 2000). Its use is spreading in other countries as well. Recently, Tampa police in Florida used a face scanning technology to match images caught in the cameras against digital mug shots of known criminals. As well, this sort of technology is used by other government agencies, including the National Security Agency (NSA), the Defense Department, and the Justice Department in the United States (R. O'Harrow Jr. " Matching Faces With Mug Shots: Software for Police, Others Stirs Privacy Concerns" The Washington Post (1 August 2001) A1, [hereinafter "O'Harrow, Jr."]). The involvement of these agencies is less visible than a public surveillance system, and this raises concerns about regulation and accountability of these agencies for the use of these technologies.

The abilities of these technologies are astounding. Some cameras can work in absolute darkness or read a cigarette package at one hundred metres. Some cameras are able to peer under clothing to see if a person is carrying contraband. In the United Kingdom, facial recognition technology can scan faces against a database of millions of photographs in seconds to identify people "of interest" (Privacy and Human Rights). There is also the capacity of satellite surveillance, or 'remote sensing'. The concern with surveillance is not only that it changes the way people view public space, but also because it divests the population of responsibility when in public spaces. David Flaherty comments that the "trend is to use video surveillance as a cure-all in the name of public safety and crime prevention" (Investigation Report). As mentioned above, instead of addressing the root of the problem causing crime, society is allowed to shoulder off this responsibility to the police who may be unable to adequately respond to this increased burden. An interesting normative question is whether the police should even be given these increased powers for fear of creating a police-state. As of yet, only controversial documentation exists about the effectiveness of surveillance. Instead of reducing crime, surveillance may only move the loci of crime to new areas. What research that has been done tends to focus on benefits over the short term (Investigation Report).

In recent years, the surveillance of communications has been on the rise. This includes surveillance of email on the Internet. Powerful technologies can scan the stream of electronic data for key words that may be of interest to the government. To search a person's phone line, a wiretap warrant must normally be sought from a judge (Criminal Code of Canada R.S.C. 1986, c. C-46, section 184(1)). However, there is no such requirement for indiscriminate searches of traffic on the Internet. Powerful voices such as the U.S. government have taken the stance that individual privacy on the Internet should be limited in order to prevent crimes such as terrorism and cyber-crime. Toward this end, spy technology such as Carnivore (now called DCS1000, it monitors the traffic through an Internet Service Provider) and Echelon have been developed. The ambit of and rules governing these systems is not well known. Echelon, for example, was designed by the NSA in the U.S. for non-military targets such as governments, businesses and organizations. It also surveys individuals indiscriminately. Echelon "is used for the collection of terrorist, economic, and especially political and military intelligence that assists allies to pursue their interests" (Investigation Report). Because it uses satellites, its reach extends around the world. There is controversy over whether Echelon is really a partnership of intelligence gathering with other countries such as the United Kingdom, and Australia, with the U.S. (Privacy and Human Rights). As long as the U.S. and its partners operate such systems outside parliamentary and judicial oversight, there is the potential for certain groups of individuals advocating for civil and political rights to be targeted and indeed evidence already exists that this is the case (Privacy and Human Rights).

Electronic Commerce

The increase in business conducted over the Internet has meant a subsequent increase in the amount of personal information collected on the Internet. As users surf the Internet, data about what sites they visit is logged by system computers. As well, many on-line companies use cookies and web bugs to record what sites users visits and what icons they click on. This information can be sold to other parties and profiles of users generated. It is easy to forget how intrusive these technologies are because they are covert, but if someone followed you through a grocery store and recorded your location each time you stopped and what items you purchased, you would probably feel that your privacy was invaded. In this way, technology works to obscure the collection process.

Workplace Privacy

Privacy in the workplace is a complicated subject that covers surveillance, email and other communication privacy, and genetic privacy. While this issue is beyond the scope of this paper, the general rule is that, while the government is limited by human rights law, private companies tend to be limited only by collective agreements or contracts.

Protecting Privacy with Technology

As explained above, technology is in itself neutral: it is the use made of technology that poses a threat to privacy. In fact, technology can be used to protect privacy instead of undermining it. Privacy Enhancing Technologies (PETs) can be used on the Internet to give users a way of controlling information about themselves. Some common examples are anonymous web browsers, remailers and encryption. However, there is a great deal of controversy and protest by law enforcement and government regarding the use of these technologies. The debate is usually framed as a race where criminals will keep one step ahead of law enforcement if the latest face-scanner or communications interceptor is not developed and purchased. Putting the issue in this way not only collapses the functions of intelligence gathering and law enforcement agencies, and thus circumvents the procedural safeguards built around police powers, but it also promises a false sense of security in return for more control and power. When a person balks at embracing these technologies, the question is often asked, what do you have to hide? Again, this obfuscates the true issue at hand; it is not so much concern of hiding wrongdoing but of what society has to lose in not balancing the need for privacy-invasive technologies with the preservation of privacy and all the values that depend on privacy.

After September 11: Privacy, Terrorism and Security

As well as being catastrophic on a human suffering scale, the attacks on the World Trade Center and the Pentagon also have tragic implications for the preservation of privacy. Already on shaky ground, privacy may be poised on the brink of being swept under by a wave of reactionary fear and craving for security. There is no doubt that terrorism presents a new threat to the safety of citizens within their own borders. The audacity with which the Unites States' property was used against itself illustrates this point. What is in doubt, however, is whether doubling current efforts at enhancing security will have the desired goal of increasing security at all. Despite powerful surveillance of communications systems through systems like Carnivore, the U.S. was unable to prevent the attacks. The question that must be asked is not what can be done to enhance security but what balance between security and privacy citizens in a democracy are willing to strike. When asking this question, it must be kept in mind that security is a concept that tends to divert attention away from the source of the problem to reactionary measures: in other words, 'security' may not be a realistic goal and only obscures the source of the problem, thus diverting attention away from solutions that may address the underlying causes.

The first impact of the terrorist attacks is an increased role for powerful surveillance technologies. The technology described above that is able to scan faces and automatically compare them with electronic photographs is being used more in public places. Also, in the U.S., NSA, the Defense Department and the Justice Department have also used the technology. One American politician said of the technology: "the potential is tremendous--and one measure is the growing interest in applying this technology to achieve other law-enforcement missions." (Rep. A. B. Mollohan (D-W.Va.) quoted in O'Harrow Jr.). This statement is an excellent example of the dangers of whole-heartedly embracing technologies without considering the balance that must be struck between privacy and security. It also illustrates the danger of function-creep whereby a technology's use is expanded far beyond its originally conceived role. The company ahs received a $2 million dollar contract to help develop a project that will identify humans, alone or in groups, from great distances (Rep. A. B. Mollohan (D-W.Va.) quoted in O'Harrow Jr.). The company says the software can help fight identity theft and terrorism. Such powerful technology must be guided by stern regulations to ensure that innocent people are not under surveillance merely because of their ethnic background. Because this technology is passively non-discriminating and scans every face while looking for a certain set of features, everyone who comes under its gaze has been searched without a warrant. More importantly, it is the criteria determined by those operating the system that will determine who becomes singled out as a target. All that is needed is a photo in a database to match. even though the technology is commonly used in public spaces, it is different than using human eyes to watch for suspects because of the sheer volume of people who are caught in the eye of the camera.

To respond to the threat of terrorism, Canadian and U.S. governments have recently developed anti-terrorism legislation and increased funding to intelligence organizations. The government of Canada has released a flurry of news releases to reassure the public that steps are being taken to meet the terrorist threat. The Canadian response in the Anti-Terrorism Act (Statutes of Canada, c. 41, 2001) has measures to identify, prosecute, convict and punish terrorists by giving law enforcement agencies new investigative tools to gather information on suspected terrorists including: 

*making it easier to use electronic surveillance against terrorist groups;

*amending current legislation to allow agencies to collect foreign communications; and

*extending the DNA warrant scheme and data bank to include terrorist crimes.

According to the government, these "necessary measures target people and activities that pose a threat to the security and well being of Canadians" (Government of Canada, News Release "Government of Canada Introduces Anti-Terrorism Act" (15 October 15 2001)). The government aims to strike a balance between civil liberties and national security with the legislation. However, the powers given to make it easier to use electronic surveillance include "eliminating the need to demonstrate that electronic surveillance is a last resort in the investigation of terrorists." As well, the period of validity for wiretap authorizations would be extended and the requirement to notify a target after surveillance delayed for up to three years. These strong measures may be needed to combat terrorism but the Bill is unclear on critical areas. For example, the Canadian Bar Association has pointed out that the definition of terrorism or terrorist activity is not helpful as terrorist acts could be connected to any cause totally removed from religion or ideology (Canadian Bar Association, Submission on Bill C-36 Anti-terrorism Act, 01-v (October 2001)). Mentioning these factors may lead to targeting certain groups and ignores the fact that terrorism is defined by the nature of the act and not the political or religious motivation underlying it. As well, the strong powers under preventive arrest and investigative hearing may also pose difficulties to certain ethnic groups' privacy when accepted standards of police powers are increased.

Because of public response, the Canadian government modified some provisions of the law. The Anti-Terrorism Act now reinstates the privacy commissioner's role of overseeing legislation and provides for judicial review. The Privacy Commissioner, George Radwanski has claimed that he is satisfied with the changes made to the Act (A. Dunfield, "Privacy Commissioner Satisfied With Bill C-36 Amendments" The Globe and Mail (3 December 2001)); however the legislation remains a strong statute that encroaches on privacy rights of citizens.

The government has also moved to enhance security at airports. One technological initiative would allow authorities more power to detect travellers who pose a possible risk by giving Customs information normally collected on travellers upon arrival in advance of their arrival in Canada. This would allow authorities to detain a suspect before she even leaves the plane.

Fears of loss of privacy for certain ethnic groups are not merely alarmist. According to one study of CCTV surveillance cameras in public, certain ethnic groups were targeted according to the stereotypes of a camera system operator ("The Unforgiving Eye: CCTV Surveillance in Public Places" Privacy International). If the increased powers given to intelligence gathering agents and airport security are not regulated, violations of certain ethnic groups' privacy is sure to result. It is precisely the time when privacy is at its most vulnerable that the protection of privacy should be strongest. While no right is absolute, a balance must be struck that preserves the values inherent in a democracy. Privacy and security need not be antithetical. Any responses made to the September 11 attacks need to follow the rule of law, and the law must not be distorted so as to be unable to support privacy as a fundamental human right.

Conclusion

Privacy is a key value in modern society; however, it is also highly undervalued. Without privacy it is virtually inconceivable that other human rights will flourish. Arguably, the only reason privacy has not been explicitly enshrined within legal documents such as the Constitution is because of its diversity and subtle nature. However, these key characteristics point to the reasons why privacy should be considered a human right. Privacy is implicated in all areas of life, yet because it is difficult to conceptualize and perhaps best understood when it is lost, it is easily ignored. With the advent of invasive technologies, privacy is especially vulnerable. Unless privacy is consciously thought of as a human right worthy of protection, society may not realize what has been lost until it is gone.

Staff and Volunteers

We have been busy these past few months. Melissa Luhtanen has returned to us from maternity leave as our Human Rights Educator. Pamela Dos Ramos continues to be our educator for the Southern Alberta region and our new volunteer coordinator. Research Associate Carmen Dowhaniuk has been working hard on several projects. Elizabeth Seale, our Northern Alberta Educator, is leaving for a great new opportunity with the federal government. Good luck and thanks Elizabeth!

We have Lynn Foster and Sandra Smyth working for us on our social responsibility symposium (information below). We are continuing to work with the Canadian Institute of Resources Law on the joint project on human rights and resource development.

We are fortunate to be working with excellent volunteers for the last few months including Tracy Arnell, Scott Smith, Susan Blackman, Allison Eng, Tyler Lord, Kristina Guest, Jarret Moisan, Nisha Sisodiya, Natalie Mohammed (Pro Bono Law), Rosalynn Roxas, Eric Adams, Kelly Meyers and others. Special thanks to the Management Information Systems students who prepared a database for us to use with volunteers. Thanks!!

-Linda McKay-Panos

Announcements

April 30 -May 10, 2003. The herland Feminist Film and Video Celebration. For more information check out www.herlandfestival.com or call 245-3441.

May 29 to 31, 2003 Engaging Students in Social Responsibility: A Symposium Alberta Civil Liberties Research Centre. Contact the Centre or visit our website for registration information. Registration deadline is May 16!

Research Centre new releases:

Privacy Handbook for Canadians: Your Rights and Remedies: 

This two volume set provides a handy overview of our privacy rights in Canada. It contains practical/legal information, case studies, resources and essays from privacy experts. It is an essential tool for everyone, including public interest groups, business people, non-government organizations, libraries, media, and lawyers.

Topics include:
    *government and privacy
    *private sector and privacy
    *drug testing
    *surveillance (government and non-government)
    *searches (police, schools, employers)
    *genetic testing
    *new technology
    *the Charter and privacy
    *glossary, appendix, resources

Includes up-to-date information on new privacy legislation. The price is $59 (no GST) for both volumes.

The work on this handbook has been supported by a grant from Brian Edy.

Rights and Responsibilities in Canada: Young Offenders
Basic guide to laws and procedures involving Canada's new Youth Criminal Justice Act. Covers procedures, being questioned by police, search and seizure, rights or arrested persons, bail, first appearance in court, trials and finding a lawyer.

Hopes and Dreams: Stories from Young Refugees
In this video (24 mins.) you will meet young people who were forced to give up everything and flee their home countries. They talk about the barriers they faced including starting school not knowing any English, making friends, and finding a job. Many refugees encounter discrimination daily, and in this video they also talk about these experiences. These young people share their personal experiences with hope that their experiences will foster a greater understanding of the plight of the refugee. Suitable for secondary and post-secondary students, community and non-profit organizations. Package includes a helpful user's guide. For more information, or to purchase, contact www.ucalgary.ca/imagecentre/marketing

The following song was written and performed on December 10th by Michael Yates, an Education Practicum Student for ACLRC.

Swansong

Dr. Swann ruffled some feathers when he sang his swansong

After Lorne Taylor squawked, they kicked him from the nest

After all, Klein warned us that jobs would be lost

If Kyoto failed to get tossed

And even though they said Swann could be reinstated,

He don't wanna be where he ain't appreciated

Goodbye Dr. Swann

We're gonna miss you when you're gone

The gov't won't admit they're wrong

But they'll figure that out before too long

Hope you're happy in your new pond

Turns out you're not such an ugly duckling after all

Farmers will just have to get used to Desertification

They seem to be handling it well in Saudi Arabia

After the ice caps melt we should be good for irrigation

So don't listen to what the scientists Have to say

We need green house gases to keep the Ice Age at bay

Goodbye Dr. Swann

We're gonna miss you when you're gone

The gov't won't admit they're wrong

But they'll figure that out before too long

Hope you're happy in your new pond

Turns out you're not such an ugly duckling after all

They say we gotta keep producing Green house gases

If we wanna provide jobs for the great Unwashed masses

So we can all buy air conditioners and SUVs

Whilst saving money on antifreeze!

Goodbye Dr. Swann

We're gonna miss you when you're gone

The gov't won't admit they're wrong

But they'll figure that out before too long

Hope you're happy in your new pond

Turns out you're not such an ugly duckling after all

Emissions mean business

Emissions mean business

Copyright 2002 Michael Yates

Video Review

by Jarret Moisan

Talespinners Collection (60 mins., NFB), is a compilation of eight short humorous cartoons aimed at children. The short cartoons use humor as a way of gaining the audience's attention and more importantly as a way of portraying significant situations in an understandable way. The eight short cartoons are discussed below.

The Chinese Violin is about a young girl who moves to Canada with her father in hopes of starting a new life. They leave everything customary behind except for a Chinese violin. This is their only connection to their past lives in China. They soon find out that moving to Canada and making it their home was not as easy as they first thought it would be. It is very difficult to move from one country to another where the cultures are different. However, the young girl and her father are able to make Canada their home because of their violin. The Chinese violin reminds them of their past lives and traditions so they do not feel totally alone. Music is a universal language and the violin make it easier for the young girl and her father to settle into Canada and make it their home.

The Friends of Kwam Ming is a story about Kwam Ming who travels from China to the New World in hopes of finding work and money to send back home to his mother. On his voyage, he makes three friends who are in search of the same things. The movie depicts the true meaning of friendship as Kwam lets three great job opportunities go to his friends and he takes a lowly job as a helper to a cruel store owner. Kwam accepts three virtually impossible demands made by the store owner in hopes of impressing him. Kwam's three friends come to his aid and help him meet the three demands.

From Far Away is another humorous cartoon about a young girl, Saoussan, who has to move to Canada with her family because their homeland is being ravaged by war. Saoussan does not know any English and she finds it very difficult to communicate with her teacher or the rest of the class. In Robert Munch fashion, she finds herself having to go pee, but does not know how to ask if she can go. She always ends up sneaking out. Finally, one day, while she is sneaking off to go to the bathroom she gets scared by a Hallowe'en decoration that reminds her of her war torn country. The teacher is able to console Saoussan and they are finally able to understand each other through patience and caring.

Lights for Gita is about a young girl who moves to Canada from New Delhi. She is getting along fine in school and is able to make new friends, but when Divali, the Hindu festival of lights, is coming up, she starts to feel a bit sad, for none of her friends know what Divali is. Gita invites her friends to celebrate Divali with her, but unexpectedly a snow storm makes it impossible to hold Divali outside where they can set of the fireworks. Gita is crushed and hates that this new country ruined her festival, but her mom tells her the true meaning of Divali, "Filling darkness with light." Gita lights some candles as an alternative and she celebrates Divali outside with her friends. The candlelight shines off the ice making beautiful colours outside and it is the best Divali ever.

Roses Sing on New Snow is a story about a woman, Maylin, who cooks at her father's restaurant in Chinatown but gets no credit. A dignitary from China goes to the restaurant to try some of this great cooking. He loves the new dish, Roses Sing on New Snow, and wants to meet the cook. However, instead of bringing out Maylin, her father brings out her brothers to take credit. The dignitary finds out that they were not the ones to make the tasty dish and demands to meet the real cook so that he can bring the recipe back to China. Maylin is brought in front of the dignitary and shows him how to cook the dish. But his dish is not a tasty as Maylin's and he wonders why? Maylin lets him know that even though they both have the recipe they are not going to create the same dish because they are different and do things differently.

Christopher Changes his Name is about a young boy who feels that his name is too common and wants an original name. He ends up changing his name twice and tries to change his attitude to fit the name. He realizes his mistake when he tries to cash a cheque, but says his name is different than Christopher. Names are special even if other people have the same name because you are still different. A name does not make you who you are, you make the name.

Christopher, Please Clean up your Room! is about the same funny character, but this time he does not want to clean up his room. In a funny alliance, his fish join forces with some cockroaches to give Christopher a night that he will never forget. Christopher learns his lesson and cleans his room and he will never let it get messy again. This is another tale about friendship and respecting the wishes of others.

The last short cartoon is The Magic Anansi: A Traditional West Indian Tale. The tale is a creation tale about a spider whose webs do not catch flies and so he is laughed at by the rest of the jungle animals. Anansi sets out to gain the respect of others by first gaining the respect of Mr. Tiger. Mr. Tiger promises respect if Anansi is able to bring him the grumpiest creature, Mr. Snake. Anansi devises a plan and is able to catch Mr. Snake and bring him to Mr. Tiger. Mr. Tiger and the other creatures laugh at Mr. Snake for being caught by a small spider. Anansi realizes that he does not want Mr. Tiger's or the other creature's respect at the expense of Mr. Snake, so he stands up to Mr. Tiger and tells him so. Anansi standing up and speaking his mind gains him the respect of the other creatures and his web is able to catch flies.

The eight cartoons are a collection of stories that deal with friendship, belonging, being able to adapt to situations, and respecting others. Multicultural themes such as identity, diversity, tradition, and principles are also explored. The Talespinners Collection is an excellent movie for children to learn that differences in life are expected, but this is fine. It builds understanding and positive attitudes within and among children.

This video can be borrowed from the Research Centre, or to order your own copy, call the National Film Board, at 1-800-267-7710. Jarret Moisan is fourth year Law and Society student at the University of Calgary.

Anna Pellatt Wins Alberta Civil Liberties Research Centre's Civil Liberties Award On December 10th

The following speech was delivered by Dr. Ed Webking, Chair of the Board of Directors:

This is the first Civil Liberties Award we have given at the Alberta Civil Liberties Research Centre. The ACLRC was started by the late Sheldon Chumir and Janet Keeping in 1982. This Civil Liberties Award is in honour of our 20^th Anniversary year. It is being awarded for demonstrating outstanding leadership in promoting civil liberties and human rights through legal research, education or advocacy.

The person we chose to receive the award this year is Anna Pellatt. Anna passed away last summer, so her brother Morton Pellatt is here to accept the award on her behalf. Before we present the award, let us tell you why Anna was so deserving of it. Here are the highlights of Anna's contribution to civil liberties and human rights in Alberta.

Anna Pellatt earned a Bachelor of Arts in Honours Anthropology from McGill University (1977), a Bachelor of Laws Degree from Osgoode Hall Law School (1980), and a Master in Laws from the University of Alberta (1993). She won the Persons Case Scholarship in 1992. She was a member of the Bar of Ontario.

We came to know Anna Pellatt at the Research Centre in 1998 when she worked with us on a project about the United Nations Convention on the Rights of the Child and Alberta Legislation. It was during this time that we became aware of Anna's dedication to civil liberties and human rights and her excellent research and writing skills. In particular, Anna was very devoted to children's rights. After preparing the report and presenting the results to a number of groups, Anna also researched and wrote a manual for the Centre about seniors and the law. At the same time, she was the Acting Director of the Centre for several weeks while our director was on education leave. Anna also assisted with the research and writing of teacher materials on freedom of expression. Thus, through these projects and others, we came to appreciate her dedication to civil liberties.

But, this was only our experience with Anna. She has contributed an enormous amount to civil liberties in her other endeavours.

Anna spent several years as a legislative and policy consultant in the areas of constitutional law, Aboriginal rights, inter-cultural relations, child welfare policy and law, children's rights and freedom of information. She was the Belzberg lecturer in Constitutional Law at the Faculty of Law, University of Alberta (1996-97). She wrote and presented papers on juvenile prostitution, child welfare issues, and Aboriginal issues. Anna was also interested in feminist legal issues and was a member of the Legal Education and Action Fund. Anna was employed at Athabasca University and was working on developing a course in women's equality issues when she passed away.

In addition to legislative and policy work, Anna was an educator and lecturer in civil liberties and human rights issues. When she wrote and spoke about these issues, Anna had the courage to stick to her convictions, even if she might have risked unpopularity.

Anna was extensively involved in the community. She was a board member for A Safe Place, a shelter for abused women. She was a founding member of the Arab Jewish Women's Peace Coalition, an Edmonton based group, founded to promote dialogue and peace between Arabs and Jews locally, nationally and internationally. She was a member of In Her Voices Choir and she was a special "aunt" to some lucky children.

These are just a few of Anna's accomplishments. It is our deep regret that she passed away and that we are honouring her posthumously. However, it is our great honour that her brother Morton Pellatt and Anna's close friends have come here today to celebrate this recognition of Anna's accomplishments and contributions.

 

The Alberta Civil Liberties Research Centre appreciates the contributions made by donors and volunteers, and the support of agencies that provide grants to the Centre, including:

The Kahanoff Foundation

The United Way of Calgary and Area

The Sheldon M. Chumir Foundation for Ethics in Leadership

Department of Canadian Heritage, Government of Canada

Status of Women Canada

Human Resources Development Canada (S.C.P.)

Alberta Human Rights, Citizenship and Multiculturalism Education Fund

Calgary Community Lottery Board

Alberta Advanced Education and Community Development (S.T.E.P.)

 

Centrepiece

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Centrepiece is the newsletter of the Alberta Civil Liberties Research Centre. The views expressed in Centrepiece are the opinions of the author, and not necessarily the views of the Research Centre; its Board, staff, or volunteers; or its funders.

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This web site © 1999-2004 Alberta Civil Liberties Research Centre, Calgary, Alberta, Canada. This page last updated on August 04, 2004 .