Friday, September 4, 2009

Students must learn about other religions: judge

Parents say new course threatens Christian faith

(Originally posted on NationalPost.com)

Graeme Hamilton, National Post

Published: Wednesday, September 02, 2009


MONTREAL -- Christian parents who objected to their children being taught about other religions in a mandatory new Quebec school course have suffered a serious setback with a ruling this week that the teachings do not infringe their religious freedoms.

Quebec Superior Court Justice Jean-Guy Dubois dismissed a bid by parents in Drummondville, Que., who said the course on ethics and religious culture introduced across the province last year was undermining their efforts to instill Christian faith in their children.

"In light of all the evidence presented, the court does not see how the ... course limits the plaintiff's freedom of conscience and of religion for the children when it provides an overall presentation of various religions without obliging the children to adhere to them," Judge Dubois wrote.

The course was controversial even before instruction began last September. During the year there were protest marches in some cities, and about 1,700 parents asked that their children be exempted from attending the class. All such requests were refused.

The course's introduction was the final step in the secularization of Quebec schooling that began with a 1997 constitutional amendment replacing denominational school boards with linguistic ones.

As of last year, parents no longer had the right to choose between courses in Catholic, Protestant or moral instruction. The new curriculum covers a broad range of world religions, with particular emphasis on Quebec's religious heritage -- Catholicism, Protestantism, Judaism and aboriginal spirituality. It is taught from Grade 1 through Grade 11.

The course's scope was too broad for the parents in the Drummondville case, who cannot be named because their two minor children are involved. During the trial, the children's mother testified that she did not see why her 7-year-old son needs to learn about Islam when he is still forming his own Catholic spirituality. "It's very confusing," she said.

In his ruling, Judge Dubois cited a Catholic theologian who testified that religious instruction is primarily the responsibility of parents, not schools. He added that there is a commitment on the part of the Catholic church to understand other religions.

The Quebec government, which intervened in the case in support of the Des Chênes school board, argued that the course was objective and in no way limited parents' ability to pass their religious beliefs on to their children. Teaching children about other religions is a way to promote "equality, respect and tolerance in the Quebec school system," it said.

Sébastien Lebel-Grenier, a law professor at Université de Sherbrooke, said he is not surprised that the new course survived a challenge under the Charter of Rights.

"What parents were demanding was the right to ignorance, the right to protect their children from being exposed to the existence of other religions," he said. "This right to ignorance is certainly not protected under the Canadian Charter of Rights and Freedoms. Freedom of religion does not protect the right not to know what is going on in our universe."

He said the course is aimed not at instilling religious values but at trying "to explain to these children the diversity in which we now live in Quebec."

Richard Décarie, spokesman for a coalition opposed to the course, said the decision is a major disappointment. He believes there are grounds for an appeal, but he is not sure the parents involved can afford additional legal expenses. He said they have already spent close to $100,000 fighting the case.

"The course shouldn't be compulsory, because it changes completely how parents keep their moral authority over the education of their children," said Mr. Décarie, of the Coalition for Freedom in Education. "We're not talking about mathematics or French or English here. We're talking about something that involves the essence of the culture of people."

Two other challenges of the course are before the courts, with decisions expected this fall. Parents in Granby went to court after their children were suspended from school for failing to attend ethics and religious culture class. Montreal's Loyola High School, a private Jesuit school, has challenged the course, arguing that it obliges the school to put all religions on equal footing. The school says it already teaches world religions to its students.

National Post

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Saturday, August 29, 2009

The Men Who Stare at Goats

By David Pescovitz (Originally posted on BoingBoing.net)




The Men Who Stare At Goats is UK journalist Jon Ronson's terrific, absurd, scary, and funny nonfiction book about the United States military's weird experiments with psychic spying, "Jedi" powers, subliminal sound weapons, and, er, the ability to kill an animal just by looking at it (hence the title). The book is coming to the big screen November 6 in the form of a dark comedy starring Ewan McGregor, George Clooney, and Jeff Bridges. What fun!

"The Men Who Stare At Goats" movie trailer (Thanks, Jason Tester!)
Buy "The Men Who Stare At Goats" book

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Medical Marijuana: First California DEA Arrests Under Obama Took Place Last Week

(Originally posted on StoptheDrugWar.org)

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not target medical marijuana providers in states where it is legal unless they violated both state and federal law.

The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law.

The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani.

In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly left, and they set out no evidence linking Carter and the informant.

"All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction."

Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly."

It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife.

Carter and Feil are being held in Oakland, where they are set to have initial detention hearings this week. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community."

Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor.

"California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law."

While the Obama administration has announced it would not go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.

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Friday, August 28, 2009

Surrendering Your Fourth Amendment Rights at the Border

(Originally posted on Daily Kos.)

Today the ACLU filed a lawsuit against U.S. Customs and Border Protection (CBP) demanding records about the CBP’s policy of searching travelers’ laptops without suspicion of wrongdoing. The lawsuit was filed to enforce a Freedom of Information Act request we filed in June, when we requested the criteria used for selecting passengers for suspicionless searches, the number of people who have been subject to the searches, the number of devices and documents retained and the reasons for their retention.

In the policy, the CBP asserts the right to read the information on travelers’ laptops "absent individualized suspicion." So that means searching all files saved on laptops, including personal financial information, family photographs and lists of Web sites travelers have visited, without having any reason to believe a traveler has broken the law.

And after they’re done searching your laptop, they also reserve the right to search "documents, books, pamphlets and other printed material, as well as computers, disks, hard drives and other electronic or digital storage devices." (So you might want to reconsider sending that risque email to your spouse from your Blackberry, ’cause the CBP might see that as well).

Oh, and while you’re at it, don’t carry, send or receive any sensitive or private documents that you might need for work. As we pointed out last year, the Association of Corporate Travel Executives (ACTE) opposes the CBP policy because it threatens companies’ ability to do business with the rest of the world, especially those companies that are trying to keep trade secrets, you know, secret. Testifying before the Senate Subcommittee on the Constitution last year, Susan Gurley of the ACTE said: "[T]he unjustified retention and/or copying of proprietary and sensitive business information pursuant to the warrantless seizure of laptops and other electronic devices imposes both a personal and economic hardship on business travelers and their corporations."

Talk about kicking the economy while it’s down.

Oh, and this policy includes everyone crossing the border, whether they’re U.S. citizens or not. Think of it as equal opportunity virtual frisking.

We’ll of course keep you posted as this lawsuit progresses. But in the meantime, if your laptop or electronic device has been searched at the border, let us know about it by emailing legalintake@aclu.org.

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CIA Torture Files Released

It was announced on Monday that the U.S. is finally going to begin investigating the people responsible for the whole military torture fiasco. John Durham has been appointed as special prosecutor with regards to the case, this apparently due to information contained in the CIA Inspector General's report (available here), released in response to a lawsuit by the ACLU.

Along with the report, the ACLU recieved more than 60 documents dated between 2002 and 2007 in response to two lawsuits. Documents include communications between the Office of Legal Counsel and the CIA regarding interrogation techniques used overseas.

- OLC/CIA Documents 02-05
- OLC/CIA Documents 06-07

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Tuesday, August 25, 2009