January 15, 2014, carnegie newsletter

JANUARY 15, 2014

carnnews@shaw.ca www.carnnews.org

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Gastown Gazette editor alleges vendetta agenda!

New Year's Prayer

On New Year's Eve a number of people called the police about a violent assault in progress, a woman screaming and fears for her life. Police reported going to the apartment identified and speaking to a distraught woman at her door, then being confronted by a man who yelled at them to leave and became physically aggressive when the cops declined.

Lo & behold: the guy was Andy Patton, his dubious claim -to-fame highlighted in the title above. He got onto computer media and began this great campaign to soak the incident for as much publicity and angst as possible. He says he is as innocent as the driven snow; his wife is backing his story (either forced to or just 'knowing what is good for [her]' has not yet been determined).

A comment attributed to his wife: "Someone with a vendetta against us is behind this!!" Does she mean (gasp) Carnegie? Are the 2 of 'em so caught up in their own hype and stories of"investigating" Carnegie and a ll its nefarious minions like Jean, Wendy (even though she hasn't worked here for over a year), Ivan, who got disgusted with their twisted lies, and even yours truly, just a mindless robot under the overwhelming force ofthe evil Jean!Tamara/KingMong, that they believe it???

We tried sitting here being smug and obscene about our total control over. the Vancouver POlice Department, eating caviar purchased with al l the thousands embezzled or stolen from "the poor" and even asking the director to wear the mink coat we bought her. .. then just broke up laughing at such an idiotic statement. See, it' s not the facts; it's the perception of reality that has to be manipulated .. or rewritten .. or just made up out of whole cloth (lying).

Sympathy, empathy, shared pathologies can be communicated to the Pattons through Roland Clarke at the Sunday market on CarralL The front cover is a reflection of the community's attitude to the interference brought to bear on the neighbourhood by Clarke and the Gastown Business Improvement Association.

If they get their way, this market will soon be the exclusive venue for licensed businesses to get a stall and "be gritty."

By PAULR TAYLOR

Let us be brothers now as we wake on the morning ofthe [ 51 let our first step be in joy let our next step be powered by the force of love and the next to give power and food to the hungry and powerless Oh Spirit this request for the universe to bless Start with love in your heart the Creator will do the rest no contest, go forward now you are blessed you are blessed no worse, no better than all the rest go forward now you are blessed Richard Loewen

see What Moves you in 2o1q.

Expressive Arts Workshpp for Seniors Movement, pastels, music, collaging, poetry ...

Using movement and the Arts playfully to create New Year Oppo rtunit ies and Learning

Monday, January 27th 2-4pm Carnegie Centre in Classroom 2

Facilitated by Jill Nowak For lnfo, Contact MARY ELLEN: 604-665-3005

To all the Vancouver organisations & all the people who gave so much. __ It makes me feel speciaL So is everyone down here D.T.E.S .

So my dear friends fro m the north pole, you are special e lfs. Thank you T hank you All my relations, Bonnie E Stevens

v

HAPPY NEW YEAR

Everything Present in the Seed Community ~.)

2'> Leadership Training:

ie Learning Centre

HAPPY NEW YEAR! We'd li ke to welcome Elizabeth as ou r regular Monday and Sometimes-Saturday li brarian. Many of yo u will recognize Eli zabeth from all her work this past s ummer, helping us with the Alley Health Fair.

We've added lots and LOTS of new books to the Carnegie library. Here are a few that will be on display for the rest o f the week.

Mvtlzs & Legends: An illustrated guide to their origins and meanings I by Philip Wilkinson O K, all you li brary vis itors who have been asking me for info rmation o n world myths and legends- this book is for you! Not o nly are the ta les well reco unted the book includes di sc uss ions of the myth's meaning, pu rpose and power; photographs and illustrations; even fa mil y trees of some main characters. The book is meant as a survey, so does not cover each cu ltu re in exhaustive deta il, but nearly all regions of the \Norld are represented.

Proposal Writing Course 5 weeks Starts Thursday, January 9th: lpm to 3pm Finishes Thursday, February 61h Basics of Pro posal Wri ting • Research yo ur idea • Create a budget • Write a clear project description Subm it you r proposal to the

Neighbourhood Small G r·ants Fund

Sign up in the Carnegie Learning Centre For more info ask Lucy or Betsy

Til e Psvclwlogv Book: Big ideas, simplv explained Do you rather dislike the series " for dumm ies" and " idiot's guide" because you don't like being called a dummy or an idiot just because a subject is new to you? But yo u read those books anyway because, we ll, they cove r th e materi al in just the right amo unt of detail ? T hen yo u' ll appreciate this new seri es by DK (Da rling Kind ers ley) publishers. T hey take the "big ideas" o f the subject of psycho logy and provide a g reat mix of colo ur charts, photos, diag rams, timelines, biographies, and key quotes to help explain the concepts in a nicely printed, substantial vo lume. We have another book in the same series, The Politics

Book: Big ideas, simply explained.

Car: Tfte De finitive historv o(tfte automobile This is a beauty of a book; and if you can just manage to lift it up, you will think so too. T he main chapters are arranged by decades, but withi n each decade are feat ures by themes or by manu fac turer. For exam ple, th e 1950's has a feature called "Detroit Fins and C hrome'' and the 1970's includes "Muscle Cars."

The book is jammed w ith colour photos.

All the best fo r 20 14!

Stephanie, Carnegie Librarian

PACIFIC BLUEGl{_ASS &

HERITAGE SOCIETY A variety of bands playing Bluegrass, Folk and Country Music!

Wednesday January :lsth, 7 · 9 pm Carnegie Theatre

The doors of opportunity, On the corner of Hastings and Main The Carnegie doors are open wide, What one finds is many an opportunity inside.

Go through the doors any given day of the year, Something will transpire to give you great cheer.

The face of a friend you may happen to meet.

The peace of the library always will greet.

Sit there for awhile and make some great plans, Write a poem in peace and quiet or a novel Who's to say, what you accomplish is up to you this day.

Draw a cartoon with something to say spiking a laugh or great thought into those coming your way.

Read a great book or email a friend , Read the newspapers and catch up on the latest.

Thoughts society wants your mind to bend.

In the end what you do is up to you my friend.

A nourishing meal to keep you happy and healthy inside.

A smile from the information desk can swell one with pride.

A new haircut, or perhaps a lectu re one can abide.

A movie to help your time go by with stride.

A documentary to open up your eyes wide.

A class in yoga, or portraits to draw, A game of pool or a cup of tea.

Always something to do here that is the law.

Giving to your community is the best gift.

Doing so always gives one a great lift.

A visit in the volunteer office and you can answer your call.

Having something to give while enjoying it all.

After your shift, a great game of chess, Some bingo, or yoga, you decide what's best.

Others want to organize to help those in need, Preserving our hood from the aggressive monied greed.

So to CCAP meeting they go, Most light in heart don't you know, Because power of the people they have the encouragement to show.

The pianos in the Carnegie Theatre do await, One's pleasure to play while listeners do get.

The bands, the singing, dancing and drama all abound.

Your talents to show case your pleasure to be found ..

Sharing joy and happiness and fun, YOU BET! The poets and readers all have a chair.

From Opera, Jazz to rock it is all there.

Just buy a membership for a buck and All of this opportun ity for pleasure is yours to enjoy.

Not a cent more does one need to employ.

Pick up your member card at the front desk with haste, Not a moment is there to waste.

For all this and more in the new year is in store.

Where can one find more opportunity for enjoyment I implore?

Carry your Carnegie Card with pride, Opportunity for a great new year awaits inside.

Colleen Carroll

Ode to Mandela lt's not our fault yet here we are Look up to the sky, all you get is a star Growing up with that is what we all face It's what is our challenge -the whole human race.

The war I can see is the emotion inside The annoyed hateful state from which we step aside For a new generation of equality to come A time when we can all really live as one.

Let us not forget about all that's gone by The butcherous murder and babies that cry The sickness, the plague the heavens have disgraced The suffering & wickedness inhabiting this place Maybe one day the eternity oftime wi ll be j ust But until that day comes the fight continues we must Darren Morgan

S

Older Women Who Live in Poverty- Part 1 "This is no country for o ld men," the Irish poet William Butler Yeats once wrote about his native Ireland. Yet Canada isn't a g reat country for older women either.

This is a story about three women whose names I' ve changed to Wendy, Maria, and Leanna. Wendy used to do calisthenics in a swimming pool. In the community centre where I met Wendy, this program's called 'Aquafit' "I can't swim," this woman in her SO's said. "I've never learned how." Wendy was born in Hong Kong and came to Vancouver as a young woman. A dutiful C hinese daughter, she married in her 20's and worked in private businesses cooking and cleaning. But now she can't work anymore.

"I've injured my back," she says, "and now 1 can't do any hard work at all."

These days Wendy's living on welfare. She gets a little more than $605 a month. She worked fo r 22 years she says. In a year or two, she can claim Canada Pension Plan benefits. But the provincial government will take back all of the CPP bene fits and continue to pay Wendy what she's s ubsisting on now.

T he CPP payout is much less than the tiny welfare benefits that are paid to Wendy every month.

Wendy will also end up losing money if she lives beyond 64 years of age. Since she's forced to take CPP benefits now, her CPP payments w ill be less than what she'd get if she waited until she's 65. And those benefits won't go up to what she would have got if she'd waited until she was 65. In other words Wendy and many others on disability and welfare are forced to pay out money to the BC government.

Every year millions of dollars stream out of the pockets of the poo r & into the hands of the B.C. gove rnment.

The N.D.P. government of Mike Harcowt brought in this policy in 1996 and the Christy C lark government has no intention of changi ng it. It favours build-

ing megaprojects over helping older poor people.

"You have to consider the pressures the Harcourt government was under when it brought in these new laws," an N.D.P.'e r explains. "The federal gove rnment of Jean C hretien and Paul Martin cut transfer payments to the provinces in 1995 by a w hopping 40 per cent."

The Harcourt government, he explains, was faced with massive cuts to health, education and welfare.

"So they had to get revenue from somewhere."

Maria doesn't know Wendy. Yet if they met to discuss the cut in money when you take early C.P.P. benefits, Maria mig ht say, "I know exactly how you fee l." Maria's still working in a department store but only patt time . She's about 62 and had to take C. P.P. benefits at age 60. Without those C. P.P. benefits, she couldn't survi ve. Yet like Wendy s he's lost a lot of money by taking CPP benefits before she's turned 65.

Maria stays pencil thin and tries to look as young as s he can. She's a saleswoman in an age a nd an indus try where youth is prized and old age scorned.

Every month or so, the store where s he works announces country-wide cutbacks. "A hedge fu nd is running the business,'' one observer says. "Or its head office in the States, is using the Canadian operations to make money. " whatever the reason, Maria could be laid off tomorrow. Also Maria's housing isn't secure. She lives in an older house owned by her and her three siblings. Soon the house in Vancouver may have to be sold and Maria would have to find another place to live.

Maria would walk away with about $ 175,000 which makes her richer by far than some other older women. Yet she'd have to leave Vancouver or pay out some massive rent every month. Then there's Leanna who'll I'll write abou~ next time . But as you might have guessed by now, Wendy and Maria don't stand alone in their condition. There's tens of tho usands, maybe hundreds of thousands of older women in Canada who are poor.

By Dave Jaffe

"I'd like to offer gratitude to Jessica Harmann for her writings of "*This Is Me.*" It's the best wisdom I've seen or heard since Janis Ian's song "At Seventeen." *Carnegie Newsletter, December 15, 2013.

Garry Gust

To the memory of Lorraine Beatriz Lamarre

Founder of the Listening Post At the Listening Post Everyone liked the most Our sweet Lorraine.

2014 I Jive on the 7th floor of a high rise. Below is a busy intersection with stop lights.

Dozens of times each day I hear from within the beeping of a car hom.

Sometimes the beep is of a courteous sound, perhaps to make the driver of a car ahead see that the light has turned green and the lead car should safely proceed.

At other times the beep is rudely sustained as if to deliver punishment to the driver of the car ahead ..

Sometimes, presumably, the car in front loudly beeps back, as if to say: ''Screw you!"

Night and day She chased pain away Near Hastings and Main.

Listening Post's champion of compassion Soldier of the invisible front For a better tomorrow, is gone.

Today we are in sorrow There's no sweet Lorraine Near Hastings and Main.

Requiem in peace dear Lorraine We wi ll remember you forever.

Mila Klimova

How most totally are they unaware that their beepings are hea rd by hundreds of people at this busy intersection corned by apartment building?

Hopelessly it seems that r might possibly be the only person in at this busy intersection who is bothered by this audio intrusion. 1 don't know, because l have no access to my neighbors' thoughts on s uch frequent occasions.

Keep Ya Head Up

Nor do I know their thoughts on our country's soldiers' involvement in the ludicrous war in Afghanistan.

See I might be street but I got Nikes on my fee~ may be just another old bum but tell me sumpttn how many oldjoes wearin' my kinda clothes?

-stylin in Calvin Kline .. may be dirt poor but I'm lookin fine

I don' t know what they think of Iraq, Iran, Egypt, and Syria, or the Zionist occupation of Palestine.

All l have is the corporate news channels.

This brings consternation and frustration to my old mind, a nd the only small relief I find is in Cyberspace via the almost impartial newsers of the Huffington Post.

But, who knows how soon they will also be "gotten too?''

Happy Ostrich New Year Garry Gust

Ya Jotsa down mdowntown eastside when the wolves are hungry, won't be denied say what you want, say what you will those end up dead were the ones standing sti ll

Downtown Eastside, show yourself, show some pride it a ll comes down you better hide take your booty down the Eastside Show some pride Never been hungry, less' n too lazy to wait maybe somedays I come too late all the ol' boys stare and wonder Where this fool be Com in' from? fo' sure ai n't no Downtown Eastside bum Keep your head up, show some pride Brother you from the Downtown Eastside AI

Nortfiern Liglits

01' Buddy, My Ass

I was born in North Battleford, Sask, in the Notre Dame Hospital. I grew up there and in Battleford. N Battle ford is the gateway to the NWT. It goes down to 30, 40, even 50 degrees below zero.

There are seven wonders of the world . The Northern Lights should be the e ighth wonder. You can only see them in winter. You also see them in Alaska, Yukon and the NWT. These Northern Lights are truly magnificent!

When llived in Battleford growing up as a little girl, my aunts and uncles built me an igloo. It was made of hard blocks of snow. I loved my igloo. I had a wonderful childhood.

Marlene Wuttunee

My new year's resolution is stop with the polyanna sympathy crap g' head extend some mercy .. help to those in need but when you got a hole in yo ur hand size of a dogturd 路'ol' buddy" got nothing but story, story mutha if I wanted a story I'd march down to the freakin ' library your of' . buddy just wrote you off ~ next lime you pony up with the "oh I'm so sick" shit go choke I'm tired of it tired of you, your story your cryin' whinin ' alia time I will get by and you- dead meat out suckin' wind like you always do Now absolutely no one give a fuck 'bout you

Wheel

we come full circle the lucky few thru the golden dawn of youth the heat of the southern sun all blood energy explodes into night the blackness where we wrestle with all our devils and with luck and grace we come into the winter quiet still stop and consider the medicine wheel when wise young men pay respect to their older selves good morning grand father takes a sma11 man to know when you've just met yo urself coming toward you Sam Smith

l

AI

Eerie Eerie Eerie Massacre

To The Way So how can l Lean on you When you are away and every spark and every flare Reminds me Self named named by my people named by the world Some kind of a Messiah ever past; ever future the sacred heart of Man W.Miles

London Bridge is falling down, falling down,. we all fell off the sunken City of Atlantis ocean bottom Ooor路 sinkholes infreque~t, now in sequence that sinking feeling; it looks worse than it appears to be. seems so much surreal the way it was told sounds damaging seized and sacked; by a sinkhole, the entrance way to the centre of earth; the Earth Mama whose bread basket is a bottomless pit; stuff I do not think about too much is action plan Nei l Benson

Aftermath:

On the Eve of Destruction One More Time and November the eleventh is always in my memory in my heart after the mud and mire after the pain

Chocolate, s hortbread. tobacco A prayer card or holy medal, No atheists in a foxhole The cold in the trenches, the ris ing d amp Chilling the very soul South Korean heart & humidity - fungus in the feet The same in 'Nam and Cambodia Depending on the season.

No cosy wood fire in the potbelly stove or peat smoking merrily o ' er the moor No crackling blaze of kindling and chips of wood from the chopping block No mulled red w ine spicy and hot with cinnamon and cloves steam ing from the stein

the decorated the honoured the respected Except for the Ones left over there Johnny Brown, Sammy Greene Joseph Bronski, Omar and the Ones who cannot fORGET reliving ove r and over the fear & unnameable tortures coughing all day long, all night long begging to be released. and the Ones still stuck back there horror always next to you in the night ready to spring into your tent when the Q uinine fails and little yellow g hosts come to visit and kill The cold, a real presence, a big problem no hand knit sweater able to keep off the chill , the damp, the smells, the starving rats infested with fleas

The only a lcohol medicine in the medic's bag anti septic a few pills and salves to assuage the pain Keep the gangrene at bay Bandages and tourniquets to stop the blood spu11ing from severed limbs and shattered faces No treatment for purpura -a slow death bleeding from the skin Radiation sickness one ofSt Jude's last curses and the begging night after night for release Twenty, thirtyr forty years after the gas attack The coughing continued- the body surviving long after the spirit to 1ive had surrendered

Dolce et Decorum Est

Boxes from home- mother, g irlfriend, auntie

Wilhelmina Mary Miles

As long as we continue to see ourselves in categories and quantitative boxes, we get away from the most important characteristic and quality WE ALL HAVE WE ARE ALL HUMAN BEINGS Before I see myself as male or female, lAM A HUMAN BEING! Before l see myself as white, red, ye llow or Black, I AM A HUMAN BEING! Before I see myself as Straight, Gay, Bi, Trans or Two-Spirited, I AM A HUMAN BEING! Before I see myself as able or disab le, I AM A IIUMAN BEING! Before I see myself as an addict, an alcoholic or social user, I AM A HUMAN BEING !

We have let our labels dictate how we see ourselves forgetting the most important truth in Life: WE ARE I IUMAN BEINGS! lluman rights are the rights of ALL Human Beings. I AM A HUMAN BEING! I have a mind, I have a spirit, I have a heart, I have a body; I AM A HUMAN BEING! I can help make True: Dignity, Equality, Freedom, Love and Peace in my Life!

Because, I AM A HUMAN BEING! MKGreen

Carnegie Community Action Project (CCAP) NEWSLETTER vancouver.word ress.com

Janua

15. 2014

2014 in the DYES: A Call to Action

By Tamara Herman I'm not sure what the future holds for the DTES, but I do know this: When we look back on 20 14 decades from now, we' II remember it as an important year.

In March ofthis year, City Council is set to adopt a Local Area Plan that will set out the development future of the DTES for the next 30 years.

What docs this mean?

Basically, the City is deciding who will

be able to live in the neighbourhood by controlling what types of housing, stores and services will go in.

The decisions that City Council will make in 2014 can either strengthen or destroy decades of work that people in the DTES have invested in their neighbourhood.

Walk through the DTES on any given day. You'll sec free art classes, health services for low income people, stores selling affordable food, and meals served by volunteers for their fellow community members. You 'II sec people gathering at the DTES Women's Centre, Aboriginal Front

Photo by Caelie Frampton

Door, lnsite or the Carnegie Community Centre. None of these services or places were "'given" to the DTES. They were earned through the blood, sweat and tears of DTES low income residents fighting for justice and dignity.

When more expensive housing comes into an area, more expensive stores pop up to attract the new residents with more money. Community services that residents with more income want come into being.

The fabric of the neighbourhood changes.

and not profit- are driving decisions about the future of the neighbourhood.

Too often, people tell us that they think we don't want the neighbourhood to change.

This simply isn't true. We want to build an Aboriginal Healing and Wcllness Centre and create other ways to share experiences that come from histories of colonization and racism . We want an end to the housing crisis. We want to improve the housing we do have and replace every SRO unit. We want quality, livi ng wage jobs for low income people. We want mental health services that provide safety and choice, as well as ha1m , reduction services and detox on demand.

We want a community where all people can access the services they need without discrimination.

PIPELINES Nu DTES

DISPL/\Ct!IENT History has shown that low income residents arc pushed out to other areas, where they must build community again.

This year, it is more important than ever to fight for the right for low income people to be able to stay in the neighbourhood if they so choose. This means putting one last push into the Local Area Planning Process (LAPP). Most importantly, it means building our strength and organizing our communities to make sure that people2

These visions for the future are all possible, but they will take work. We hope you will join us to make 2014 known as the year that low income residents in the DTES won the battle for their neighbourhood. - TH

To get involved with CCA P. come to our volunteer meetings every Friday at 11: I 5 in the classroom on the 3'"d.f!oor

Not enough social housing at welfare rate in the draft Local Area Plan

By Jean Swanson to build social housing in the future.

If Council passes this socia l housing requirement, which it doesn't have to, it will be because low income people on the LAP committee worked tirelessly to point out that the DTES community need social housing and that gentrification is not good for low income resitlents.

The Housing chapter of the draft city Local Area Plan is now available to look at. But it's not good if you are a homeless Downtown Eastside (DTES) resident, a low income hotel resident, or a social housing resident who feels comfortable and accepted in the neighbourhood now.

The good part about the plan is that it proposes to rezone the Oppenheimer area so that new developments that aren't commercial or industrial have to be 60% social housing and 40% market rental.

This will keep condos out and put a small brake on land prices and hotel room rents.

Keeping land prices low will make it easier

The rest is pretty gloomy.

First of all, the city has a new definition of social housing. It's hard to understand that so much could depend on one little definition. Outside of the DTES the definition is that half the housing only has to be under about $850 a month for a bachelor unit. Then the rest can be at market rents of over $1400 for a bachelor.

Not one unit has to be affordable for someone on welfare. But, because low income LAP members fought for a special definition, the city has proposed for the DTES only: one-third at welfare shelter allowance; one-third between that and

3

about S850 a month: one-third at market.

Thi s is way less social housing than low income LAP members wanted but is more than the rest of the city.

The draft plan says 4400 new units of self contained social housing should be built in the next 30 years. BUT, people on welfare, disability and basic old age pension will only be able to afford 1452, or one-third of them w ith this definition. So what will happen to the 730 homeless people and 4500 or so hotel residents who need self contained social housing at welfare rate?

The social housing definition is a problem in the Oppenheimer district too. With only one third of 60% of the new units having to be affordable to people at welfare rate, only 20% ofthe new housing in this area will be affordable to people who are homeless or living in SROs. This subarea of the DTES is supposed to be where the city puts most of the new social housing-but, with this plan, low income

residents will only be able to afford onefifth of it.

While the low income community wants the city to designate 50 lots over 10 years for social housing, the city plan proposes to designate 3 lots over 30 years.

The city says they want 3350 social housing units out~ide the DTES for DTES residents. But with the city's definition of social housing none of them have to be at welfare rate, so how will hotel residents and homeless people be able to afford these units?

There's more. The draft plan says the city wants to give incentives to upgrade SRO hotel rooms to have washrooms and kitchens. The problem is, they don't account for the fact that to do this, owners will have to combine 2 rooms to make one unit, thereby reducing the number of hotel rooms by half. The city says they will \ usc ''housing agreements" to keep rents affordable. But when they did this at

t

4

the American Hotel, of 42 rooms, 6 were kept at $400 for 10 years (only) and the rest arc renting at $500-600 a month. With this plan it looks like lots of hotel residents could be pushed out with nowhere else to go.

arc structured into the process.

What can we do about this? We need to tell the city that we want 5000 units of social housing that low income people can afford in the DTES. They need to make a plan to do this within I 0 years, not 30. People shouldn't have to die before they can get into a new unit.

CCAP and the low income caucus have a petition circulating in the community and in our office on the 2"d floor of Carnegie. Be sure to keep your eyes open for it and sign it.

Also, mark March 12 on your calendar.

That's the day city council is supposed to vote on the plan. We need to get lots of DTES residents up at city hall saying that we need more self contained social housing that people on welfare can afford. Contact CCAP at 604 729 2380 or come to our office.

Over the next 30 years, the draft plan also calls for almost 15,000 new housing units (condos, market rental, and expensive social housing) that people on welfare, disability and basic pension won't be able to afford. This will completely transform the DTES into a neighbourhood where the majority arc not low income and the accepting, non judgmental nature of the community will be lost. The city does talk about giving businesses incentives to not destroy the good things about the low income community, but there are no teeth in this process and no low income people

If you wou ld like to read the housing chapter of the draft local area plan, there's a reference copy on the CCAP bulletin board across from our office or go to http :!/ vancouvcr.ca/llles/cov /downtown-casts idedraft-local-area-plan.pdf The housing c hapter starts on page 83.

Only one more Local Area Planning meeting has been scheduled as we go to press. This meeting will be held on January 17'h from 9:30 am-4:30pm at an unknown location. No agenda has been set.

5

We Are. Listening By: Kmg-mong Chan discussed in earlier articles, discrimination was again the most common response. This included not being able to receive food (i.e. fmits and vegetables) while others in the community did as well as an experience of being purposely stepped on while traveling on the bus. One participant elaborated, saying that one personal challenge was that the community was not unified. Other responses included health challenges, the high cost of medication, and feeling unsafe. l.

At our monthly community meeting in Cantonese in November, we participated in a "Listening Campaign," which sought to identify concerns and priorities for groups through listening to their members. The four questions that each participant at the meeting were asked were: I. What arc the key personal challenges in your life? 2.

What brought you to these monthly community meetings Carnegie and why do you continue to come? 3. What would make things better for you, your family, and your community? 4. What are you 'vvilling to do with a group to make these changes happen?

The phrase "key personal challenges" did not seem to resonate with many of the participants and thus, many initially answered "nothing." But when the facilitator probed deeper, some answers emerged. As

6

Many of the participants said that they came to the meetings because they wanted to speak out about matters important to them, leam more about issues in the community (including discrimination), Canadian news~ matters of justice, as well as to socialize with others. One paxtieipant commented that other participants were like family to her.

The personal challenges the participants faced came to light when discussing what could make their lives better for them.

Many said that an unified community where everyone is treated equally would make their lives better. Many also spoke of the need of having more social activities路 social activities seemed very impmtant ' to the group to prevent boredom , to encourage some exercise, as well as to sec and socialize with friends. Having less expensive housing (i.e. rent) and

medication (including Calcium) were also other common responses. One sobering response to this question was: "I'm old and I don't care."

other by saying they would come out to events to supp01t and help each other with whatever issues they were facing because it was their duty to do so.

Regarding what they were willing to do, responses varied depending on the individuals. Some said ''no" and "if I were young, I would be a volunteer." Others displayed remarkable signs of solidarity with each

These are the participants' responses to the questions of the Listening Campaign.

I hope these notes helps you further understand and know more about some members of the Chinese community in the

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Unified community Social Justice Social activities

Vancity Support for this project does not necessarily imply_ Vancity's endorsement of the findings or contents of this newsletler

Oppenheimer Park in December

8

EVOLVER When I thi nk about th is entity called life all the halfmast apologies and never-ending lineups of fading memories the scenes that shall remain, strong words stay silent like extended exclusion what once was aoainst still is or was an ' illusion' it has always .been b the same, misplaced compassion turns to anger m a sense death is a safety net for those who fear the end of life hang in there we shall all get our share, li ke a cracked reactor the frai lty of the human soul is no stronger than the hands held close nothing more than artifacts in need of uncruel mi nds to boast could that be you or maybe no one really cares, how the simple and unadorned don't realise that they're free then again they have several things in common at most which scares me well g lobal wanning will even that one out, so many put complete trust their entire life 51 on to this 2 I century gadgetry I am part of the 3% who have not kept up with the rest of such a restless society the s lash and burnminded have honestly tried to conform and discover what it's all about, with indifference dividing people's beliefs beginning long before you were pulled into this world you were taught to obey and fear a ll you hear and been said that's every word as you look at the bulletproof clouds and tug on your keychain with lifejacket and miniature hubble telescope intact, now just the way this horror show ends is worth the price of admission all endings left alive are my documented submission just one cracked reactor could end all that is everyone that is us would no longer feel all pain exit stage left to mankind's final act, I have memories of things that never happened and of people who didn't exist if there is an extra layer of quality I lost it in the mist if there is a god did you

create all just to satisfy your own needs, we all create our own crown of thorns day by month by decade you wake up thinking by some miracle you have it made the only things being made are pinewood boxes -now trust me when I say no one's heart will bleed like watering down the water in this high glass class of society o r all the strawberry ice cream left in Neapolitan cartons the SatanGodlceCream family would love to see s u explore variety but no one can even agree to not agree, I look to my left and then to my right Project Common Sense seems to have been abandoned it is now Project Escape well I can't undo every single-minded mistake oh well what shall be I guess shall be yes I'm quite a loaded gun can set me or us ... just this once ...

I will be free!

By ROBERT McGILLIVRAY

"We can easily forgive a child who is afraid of the dark; the real tragedy is when men are afraid of the light." ·

-Plato

l•e? Me??

Tell me true Why is the truth so foreign to you Sometimes seems you forg~t, maybe never learned the truth is the truth it don't change to what is expedient to say to get yur way simple not much to do make sure your words always ring true Rene Mcintosh

The Burden of Beauty for Dale Drewey

The far ones lead us where they will from the surface of our souls. from the vantage point of awe beauty subsumes all the plains honing to their finest point William Blake's arrows for him You wi ll know when you've been pierced.

Stephen Belkin

This is the 51h and final part of this article. It was sent to the Carnegie Newsletter by Katrina Pacey (I think) so we could all see the incredible maze & obstacles that governments- both provincial &federal -forced this team of dedicated people to go through. In light of Picton's horrible crimes, change had to be broad in scope and address the most basic prejudices and bigotry involved. The whole article can be obtained at this website: http://pivotlegal. orq/Publications/reports. htm Ed.

Sex Workers United Against Violence & Kiselbach v. Canada An innovative approach to strategic Litigation on behalf ofmarginalised communities.

0 Darcie Bennet, Campaign Director, Pivot Legal Society 0 o., Jill Chettier, Coordinator, DTES SWUAV Society c: s: OJ Joe, Director, DTES SWUAV Society 0 en Lisa Kerr, Doctoral candidate, NYU School of Law Sheryl Kiselbach, Violence Prevention Coordinator, PACE Katrina Pacey, Litigation Director, Pivot Legal Society Elin Sigurdson, lawyer, J.FK. Law Corporation

The BC Supreme Court ln October 2008, Justice Ehrcke of the BC Supreme Court heard the government's motion. In advance of the hearing, both parties filed affidavit evidence in support of their positions. The government's evidence was aimed at proving four main points regarding other ways the SWUAV/Kiselbach claim could be brought. First, the government argued that a constitutional challenge of this sort could be brought in the context of a criminal trial. The government pointed to cases where accused persons, faced with criminal charges for prostitution-related offences, brought constitutional challenges to various sections of the Criminal Code.

Second, the government pointed to the case Bedford v. Canada\ which was underway in Ontario. This litigation was highlighted for two reasons: first, the Bedford case raised some of the same legal issues as the SWUA V/Kiselbach litigation, and second, an active sex worker had come forward as a plaintiff in that case. The government argued that the Bedford case demonstrated that an active sex worker could, in fact, come forward and initiate this type of constitutional claim, indicating the legislation would not be immune from challenge. Further, the government argued that an affidavit from a British Columbia sex

worker had been filed in the Bedford case, and that this was proof that an active sex worker could be expected to come forward and engage openly in litigation of this sort. Finally, the government argued that public interest standing has been denied in a range of prior cases where the plaintiffs faced difficult circumstances, and that the Court should do so in the SWUAV and Kiselbach as well.

In response to the government's motion, counsel for SWUA V and Kiselbach filed evidence that there was no other reasonable and effective way for this claim to be brought by a directly affected sex worker. Their evidence included the 94 affidavits from street-based sex workers in the Downtown Eastside, co ll ected for the Voices for Dignity report, outlining the very diffi cult circumstances of their lives and their desire for decriminalization of their work. These affidavits, a long with an accompanying paper previously written

by Pivot about barriers to political pmticipation faced by sex workers, illustrated the real and insurrnountable barriers that prevent sex workers from being able to advance legal claims.

Counse l for SWUA V/Kiselbach also refuted the government's argument that this claim could be dealt with through a criminal proceeding. Criminal proceedings do no~ provide an opportunity to s imultaneously challenge all of the provisions of the Criminal Code that relate to adult sex work, because the accused only has standing to challenge those sections under which they are charged. There had never been a case where most or all of the provisions of the Criminal Code that relate to adult sex work were at issue in a criminal trial. In the SWUA V/Kiselbach claim, the key issues was the intersecting effect of the provisions, alleging that the several laws individually and collectively violate sex workers' constitutional rights.

Counsel for SWUA V/Kiselbach also argued that the Ontario litigation should not be a bar to granting public interest standing to the plaintiffs. First, the Ontario litigation was taking place in another province, and decisions by the courts in that province "vould not be binding in British Columbia. Second, the Bedford litigation did not challenge all of the laws at issue in the SWUA V/Kiselbach claim, nor did it raise the same constitutional questions.2 Finally, counsel argued that the plaintiffs in this case brought a unique experience and perspective to this litigation, g iven

their involvement in street-based sex work and the range of oppressio ns that impact thei r lives, w hich wou ld not be represented by the differently-situated plaintiffs in the Ontari o litigati on.

With regards to the particular circumstances o f Ms. Kiselbach, counsel provided evidence about her past experience as a sex worker. In response to the government's claim that Kiselbach should have brought her Charter challe nge when she was criminally charged, counsel pointed to the many reasons she was unable to do so at that time. The loss of privacy and her need to return to sex work as quickly as possible in order to maintain her income were her most pressing concerns and precluded her from being able to bring a challenge to the laws that harmed her. Kiselbach's evidence was clear that, at the time that she was facing criminal charges, she had to use whatever means to quickly resolve her legal issues because of the negative impact they were having on her life. Protracted Charter litigation was not a reasonable or plausible option wh ile she was actively involved in the sex trade. Indeed, Kiselbach's evidence made clear that the government's claim about the potential for sex workers to bring a constitutional challenge in the course of a criminal prosecution were so unrealistic as to be rhetorical. Nor would it necessarily be "effective", given the prosecution's power to stay a proceeding and make a piece of constitutional litigation disappear.

In December 2008, Justice Ehrcke rendered his decision, finding that neither plaintiff had standing to 3 challenge the laws. He largely accepted the government's submissions, dismissing SWUA V and Kiselbach 's constitutional claim. The decision was devastating to the plaintiffs, who had fought hard for their day in court. These plaintiffs felt their expertise and experiences were erased by a system that failed to understand the reality of their lives and that denied their access to the court.

The BC Court of Appeal The following year, the plaintiffs successfully appealed the decision. The majority of the B.C. Court of Appeal found that SWUA V and Kiselbach were entitled to public interest standing g iven the systemic and broad nature of their claim. The majority accepted that the claim could not be brought forward in any other reasonable and effective way. Writing for the

majority, Madame Justice Saunders held: In this case I respectfully conclude the judge failed to give suffic ient weight to the breadth of the constitutio nal challenge and the comprehensive and systemic nature of the plaintiffs' theory. The balance struck by the juris prudence is between judicial economy and openness to court review of serious ly challenged legislation . In my respectful view, the third criterion, considering the claim in total, is met and the balance tips toward access to court review of the im4 pug ned legislation .

The government responded by appealing the decis ion to Canada's highest court, which would have the final word regarding th e fate of this litigation & the scope of the law of standing in Canada.

The Supreme Court of Canada In January 2012, the plaintiffs and their legal team boarded a plane to Ottawa to oppose the government' s appeal. N ine justices ofthe Supreme Court of Canada (SCC) wou ld decide the fate of SWUAV and Kiselbach's challenge to the prostitution laws. Unlike the courts below, the sec would also have the opportunity to revisit the test for public interest standing that was established by the I 992 Council of Churches decis ion & decide whether the test s hould be amended in some way.

In their submissions, the government made the same points argued in the courts below, and argued SWUAV and Kiselbach could not meet the current test for public interest standing. Counsel for the pla intiffs, with the support of a range of intervenor o rganizations supporting a better test for public interest standing, made two arguments. First, under the test for public interest standing as established by the Council of Churches decision, SWUA V and Kiselbach argued they should be g ranted public interest standing given that there is no other reasonable and effective way for their claim to make its way before the courts. In addition, they raised a further argument, stating that the sec should revise the test for public interest standing so as to accord with principles of access to justice.

After a fi ve-year battle over standing, it was clear to the plaintiffs and the ir counsel that the law regarding public inte rest standing was creating substantial barriers for public interest litigants with important and viab le legal claims. The o ld test suggested that if there is an option whereby a private interest litigant

may (hypothetically) come forward, that opti_on should be preferred and public interest standmg should be refused. The old test empowered government to regularly bring motions to strike in an attempt to thwart public interest litigation. Fu~her. a formulaic and rigid application of the test dtd notallow for recognition ofthe efficacy and efficiency that is possible when plaintiffs such as SY!UAV & Kisel_bach are permitted to litigate systcmtc Charter cla1ms Counsel for SWUA V and Kiselbach therefore suggested revising the language of the third b:anch of the existing test, which asked "whether there 1s another reasonable and effective way to bring the issue before the court." The plaintiffs suggested that the third branch of the test should, instead, ask whether the public interest litigant presents q_ reasonable and ef Jective way of bringing the issues to court. Co~nsel argued that it should not matter whether th~re IS another reasonable and effective way for the 1ssues to be litigated (such as by a litigant with private interest standing), but the court should instead focus on the appropriateness of the plaintiff(s) that are currently before the court. Further, when applying this reformulated test, counsel for SWUA V and Kiselbach araued that the Court should consider a range of faco tors, including: -whether the case is public interest litigation ; -whether the plaintiff is a "public interest litigant" or at least represents a significant sector of the public alleged to be affected by the impugned laws; .

-whether the plaintiff represents a vulnerable group m economic, emotional or social terms; -whether the impugned laws may detract from the ability of affected individuals to mount and sustain an individual legal challenge; -whether the litigation raises issues that are likely to deter individuals from advancing them, such as issues of an intimate, private, or stigmatized nature; and whether the litigation is systemic &/or raises a comprehensive challenge to legislation or state action.

The plaintiffs argued that this reformulated test would provide better guidance to trial courts, wh ich would endeavour to ensure that only reasonab le and effective litigation moves forward, as is their role . This re formulation would remove the arbitrary preference for individual litigation in cases of broad systemic impact.

Nine months later, a large crowd of sex workers, lawyers, allies and media gathered at the Pivot office in Vancouver to receive the judgment. Tears and hugs flooded the room when one of the lawyers exclaimed, "appeal denied" and the crowd realized that SWUA V and Kiselbach had succeeded in their five-year-long fight for access to justice. Elation grew w hen the plaintiffs realized that not only had they been granted public interest standing, but that the Court had agreed with the reformulation ofthe test. The law of standing would no longer present the same barrier between marginalized litigants and their ability to bring public interest claims forward.

Implications for Marginalized Litigants SWUA V and Kiselbach's courageous fight for sex workers' rights has had a number of important social justice implications, and has made a substantial co~足 tribution to the sex workers' rights movement. Thetr work has amplified the voices of a community of women who are otherwise silenced and ignored. They have informed the national debate surrounding sex work and law reform, by bringing forth the voices of some ofthe most marginalized and criminalized women in the country. They have also developed an innovative model for engaging marginalized women in social activism and public interest litigation, which can serve as a model for other communities. At all times, sex workers' empowerment, safety and dignity has been the guiding principle for the organization, resulting in an e ffective approach to social activism with the aim of being meaningfully representative of the people most affected by the targeted laws.

Although not originally intended to be a test case about the law of standing, the S WUA V and Kiselbach litigation has emerged as an important victory in the quest for access to justice. The Supreme Court of Canada's decision resulted in a significant and necessary shift in the test for public interest standing, which will benefit other marginalized litigants. Prior to this decision, marginalized people who wished to initiate Charter claims were faced with few options other than personally assuming the extraordinary demands and risks of litigation. The final decision in the SWUAV/Kiselbach case has opened up novel ways in which marginalized litigants can come forwa rd, without forcing such litigants to individually take on undue risks and burdens. It is now increasingly possi-

ble to litigate collectively with other directly impacted persons, in support of one a~other and \~ith sufficient individual protections. It IS now poss1ble to initiate litigation as a person formerly affected by laws, at a time when that person is in a sufficiently supported and stable position to take on a lega l challenge. These changes address some important access to justice barriers that have blocked litigation of important constitutional claims in Canadian history. The state of constitutional law and practice will benefit from these changes, as will our communities.

keeping a common bawdy house; or s 212( l )(J) which prohibits living on the avails o f adult prostitution.

The SWUA V and Kiselbach case shifted the legal landscape and public consciousness of two of Canada's most pressing human rights iss ues: sex workers' rights and access to justice. The case provides both inspiration and precedent for law reform movements across the world attempting to extend the boundaries of human rights protection.

[End]

SWUA V and Kiselbach have put their case on hold pending a decision from the Supreme Court of Canada in the Bedford litigation, which will decide many of the constitutional issues raised by SWUAV/Kiselbach. SWUAV and Kiselbach are prepared to proceed to trial if the Supreme Cou_rt o_f C~n足 ada upholds s 213 which prohibits commumcat1on 111 public for the purpose of engaging in prostitution; s 2 10 wh ich prohibits being found in, occupyin~, or

Hepatitis C Treatment Support Group A Support Group geared to the needs of Women starls on Wednesday, January 8th, 10:30 a.m.

Community Health Centre 59 W Pender St, Van For info on content and times for mixed groups: Contact Lesley Gallagher at 604-669-9181

(The Supreme Court of Canada gave the Government of Canada l year to rectify the situation. The success of this litigation makes current laws, specifically s 213, s 210 and s 212( I )(i), unconstitutional. In th is time period said government wi ll rewrite and table legislation.

If the foregoing isn't correct in a legal sense, i.e. if the government can introduce new legislation which is purposefully anathema to the outcome of Kiselbach v Canada, I ask for commentary. Ed.]

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At your service Our Vancouver East Community Office, 2412 Main Street, provides the following kinds of services: -Helping people who are having problems with federal matters such as Employment Insurance, immigration, Canada Pension Plan (CPP), Taxation and Canada Student Loans; -Accessing up-to-date information about federal legislation and policies; -Working with constituents and groups o n community initiatives; -Arranging special messages on important occasions (anniversaries, etc.); • -Providing constituents with Canadian flag pins and flags; and -Helping the people of East Vancouver have a stronger voice in Ottawa!

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