Winnipeg Free Press

Winnipeg Free Press (Newspaper) - January 26, 2015, Winnipeg, Manitoba C M Y K PAGE A7 IDEAS �o ISSUES �o INSIGHTS THINK- TANK A 7 Winnipeg Free Press Monday, January 26, 2015 ABOVE: Leonardo da Vinci's Last Supper. ABOVE RIGHT: Andres Serrano's Piss Christ. ABOVE LEFT: Bamiyam Buddhas in Afghanistan. J AN. 28 is truly an auspicious day for Manitoba women, indeed, women everywhere in Canada. It is the day two critically important decisions were made that changed women's lives forever. On Jan 28, 1916, women won the right to vote in provincial elections. Manitoba was the first to enfranchise women and was two years ahead of the federal government. It was the beginning of massive changes throughout Canada that allowed women to take their place as equals in a democratic society. The event had been preceded by over 25 years of work. It began with small gatherings of women and developed into endorsements by most women's organizations with the women's press corps playing a prominent role. Meetings were held throughout the province, debates were scheduled, articles were written and the infamous Votes for Men play was held, followed within days by a petition containing over 5,000 signatures for women's suffrage. Voting is a fundamental right in a democracy, but women had an additional political agenda, and most of it was enacted at the same time as suffrage. Legislators brought in alcohol prohibition because women believed " the demon rum" was responsible for broken marriages and the abuse of women. Women had insisted poverty be reduced and Manitoba enacted the first mothers allowance act in Canada providing financial aid to widowed and deserted women who supported children. Voting rights did not occur everywhere at once, but the die was cast in Manitoba, and its victory was a spectacular accomplishment. In 1988, the Supreme Court of Canada came down with a ruling on the Morgentaler case. Coincidentally, or not, it was released on Jan. 28 and stated the abortion provision in the Criminal Code was unconstitutional. No more would abortion committees decide what women could do in the event of an unwanted pregnancy. The court ruled abortion rights were fundamental to the right to privacy and security of the person and, in effect, that women could obtain abortions after consulting with their doctor. The pro- choice movement, like the suffrage movement, involved thousands of women all across Canada. The same kind of tactics were used; letter- writing campaigns hammered MLAs and MPs, demonstrations were held with some regularity, meetings were held all across the province and petitions were taken door to door. Staff and volunteers at the Morgantaler Clinic were arrested. Hundreds of thousands of dollars were raised in Manitoba toward the movement and to assist with legal bills. Again we are seeing more interest in women's issues. Sexual harassment, Internet pornography and sexual assaults are being openly discussed. Aboriginal women are taking the lead in identifying the need for an inquiry into murdered and missing aboriginal women. Violence against women is being exposed. Poverty is now broadly understood as a serious and pervasive problem that requires an immediate resolution. But Manitoba is not in the forefront of change in these areas. In fact, Manitoba's record on poverty, and violence against women, sees us lagging behind. We have a strong representation of elected women, but we need them to be speaking out about these issues. We should not be last among the provinces, but should follow the example of our foremothers and lead the way. In January 2016 we will celebrate 100 years of women's suffrage and will have seen the federal election held and the provincial election in process. Let us use the votes we fought so hard to win to demand an end to poverty and abuse and violence against women. Linda Taylor is a Winnipeg writer. Jan. 28 a big day for Manitoba women LINDA TAYLOR L IKE gliding tectonic plates, religious belief systems keep to themselves most of the time. But when they do grind against each other, volcanoes erupt, and earthquakes rumble. Grinding against each other now are conflicting beliefs about religious expression. Some adherents feel religiously bound to protest certain images, but others defend their right to religious expression or critique. Many Christians cherish Michelangelo's images of God in the Sistine Chapel and da Vinci's rendition of Jesus and his disciples in The Last Supper . Buddhists find meaning in sculptures of the Buddha - be they the size of a thimble or mountain. It is said that images are to Hindus what diagrams are to geometricians. Anishinaabe artists and elders have both ancient traditions and modern methods of representing spiritual beings. Most religions encourage the creation of work depicting deities or holy people. Such work arouses adoration or affirmation, encourages meditation and reflection and facilitates education. Visual artists also use imagery to critique religion. Sculptures of Greek and Roman deities often exploit their weaknesses. More recently, provocative works such as the film Monty Python's Life of Brian , Andres Serrano's photograph Piss Christ , Theo van Gogh's film Submission and Charlie Hebdo cartoons use satire, parody or allegory to convey their message. In contrast, some Islamic, Jewish and Christian sects are aniconic, eschewing any representations of deities, holy people or, sometimes, any human face. For some, figurative representation degrades or insults the subject. For others, the sin is idolatry. Members of a Hutterite colony in Alberta were unable to renew their driver's licences because they refused to be photographed. Such an act violated the biblical commandment not to create a graven image. Some religious people believe it's their obligation to protest images of God, the Prophet or other religious figures. Piss Christ has been repeatedly slashed, the massive Bamiyam Buddhas in Afghanistan have been dynamited, and Charlie Hebdo staff were murdered. Many non- Muslim Canadians appreciate religious representations and most accept trenchant critique. What they still do not understand is just how offensive it is to many Muslims to depict certain religious figures, regardless of the message. The road to peaceful coexistence must first be paved with this understanding. Various regulatory laws and social norms restrain religious and expressive freedoms in Canada; neither freedom is absolute. Anti- discrimination and anti- harassment norms govern how we treat each other. Most obviously, racist, sexist and homophobic comments, as well as those expressing religious intolerance, in workplaces and schools should result in reproach. But what of the iron fist of the criminal law? Do criminal prohibitions have any place in managing the grinding tectonic- plates problem of religious representation in Canada? The Criminal Code already prohibits " blasphemous libel," unless the libel was made " in good faith and in decent language." While the law was originally concerned with enforcing Protestant orthodoxy, its objective transformed in the 19th century to preventing irreverent or disrespectful attacks on religion. Blasphemous libel is undefined in the code, although in one case, a Canadian court held that the sentiments must be " calculated and intended to insult the feelings and the deepest religious convictions" of believers. Thus, ideas themselves are not penalized, but the intention of the presenter ( to insult) and the manner ( indecent language) in which the sentiments are expressed can be. No one has been prosecuted under Canadian blasphemy law since 1935, although angry clergy unsuccessfully attempted to press such charges in 1979 to stop the showing of Monty Python's Life of Brian . The Criminal Code already prohibits anyone from engaging in the wilful promotion of hatred against an identifiable group. The Supreme Court of Canada upheld this law as a reasonable limit on charter- protected freedom of expression, stating that the value of expression can be tempered if the expresser's intention is to foment hatred toward a group. Such an intention violates Canada's cherished anti- discrimination values. However, hate- promotion charges are rare. No one has ever been charged in Manitoba since the offence was created in 1970. It is debatable whether Canada's blasphemous libel laws would be considered by the courts a reasonable limit on expression in Canada. The law is perhaps impossibly vague. As 80 years have passed since the last prosecution in Canada, it could be argued disuse establishes that the law serves no pressing purpose. On the other hand, Muslims in Canada who feel obliged to protest images may think the time is ripe to test this law. Karen Busby is law professor at the University of Manitoba and director of the Centre for Human Rights Research. KAREN BUSBY The limits of BLASPHEMY ag Co li si fo vi A_ 07_ Jan- 26- 15_ FP_ 01. indd A7 1/ 25/ 15 4: 36: 08 PM ;