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Showing posts with label Canada. Show all posts
Showing posts with label Canada. Show all posts

Friday 25 December 2020

How UK-EU trade deal will change relations between Britain and Brussels

Sam Fleming and Jim Brunsden in The FT

The future relationship deal struck between the UK and the EU (24 Dec 2020) will bring far-reaching changes, as both sides are forced to adapt to the end of Britain’s 30-year membership of the European single market

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The trade agreement between London and Brussels will offer UK and EU companies preferential access to each other’s markets, compared with basic World Trade Organization rules — ensuring imported goods will be free of tariffs and quotas. 

But economic relations between the UK and the EU from January 1, when the deal is due to take effect, will be on more restricted terms than they are now.  

“Everyone needs to get prepared for a situation next year that will be very different to today,” said an EU official. 

A trade agreement along the lines of the one negotiated between the two sides will leave Britain facing a 4 per cent loss of potential gross domestic product over 15 years compared with EU membership, according to the UK’s Office for Budget Responsibility. Failure to secure an agreement would have led to lost potential GDP of almost 6 per cent, the fiscal watchdog estimated. 

Below are some of the benefits conferred by the UK-EU future relationship deal, which also includes security co-operation — and the important areas in which Britain’s links with the bloc will fall short of existing arrangements. 

1. Trade in goods  

The EU and UK’s starting point for the future relationship talks was that they should lead to a deal with no tariffs on trade in goods between the two sides. They also wanted no quantitative restrictions on the volume of goods that could be sold free of tariffs.  

That was negotiated, meaning the deal will go beyond what the EU has done with any other advanced economy outside the European single market.  

But the agreement is still a very different state of affairs to membership of the EU single market and customs union. 

Once implemented, from January 1, a hard customs and regulatory border will exist between the EU and UK, and goods will face checks and controls that can be smoothed at the margins only by co-operation. 

The deal will include facilitations such as co-operation on trusted trader schemes, but none of these erase border checks. 

“The agreement provides for continued and sustainable air, road, rail and maritime connectivity, though market access falls below what the single market offers,” said the European Commission.

2. Fair business competition 

The EU’s offer on tariff-free trade was contingent on the UK agreeing to uphold a “level playing field” on fair business competition in areas such as environmental standards. 

Brussels was also keen to ensure the UK does not have unfettered scope to disburse state aid to prized industries, giving them a competitive advantage.  

The agreement includes common binding principles on state aid, enforceable in both sides’ courts, which would be able to recover illegal subsidies. 

It also includes a painstakingly negotiated “rebalancing mechanism” to deal with a situation where the sides’ regulations in areas such as labour rights diverge over time. 

The mechanism, which would be subject to independent arbitration, would allow the disadvantaged side to impose tariffs to restore fair competition. 

But, crucially for the UK, it will not be required to follow EU rules directly or be subject to the jurisdiction of the European Court of Justice. 

Being outside the European single market has other regulatory consequences for Britain. For example, UK businesses will no longer be able to assume that product authorisations from British watchdogs will allow their goods to be placed on the European market.  

3. Fish 

The deal creates a five-and-a-half-year transition period during which EU fishermen will have guaranteed access to UK waters. 

EU quotas in British waters will decline in the transition by 25 per cent compared with current levels, and this will have the knock-on effect of boosting how much UK fishermen can secure. EU boats currently catch about €650m of fish in British waters each year. 

Once the transition period is over, EU boats’ access to UK waters will in principle depend on annual negotiations between both sides. Those talks will also determine the overall quantities of different species that can be caught. 

Should EU boats’ access to British waters ever be revoked by the UK, the bloc will have the right to take compensatory measures. These include retaliatory closing of EU waters to UK boats, and the imposition of tariffs on British fish. 

The deal also links the UK’s access to the EU energy market to access to British fishing waters. 

The UK warded off EU demands for a cross-retaliation power to hit other parts of the British economy should a dispute over fish escalate. 

Still, the deal does provide a last-resort “safeguard” option that would allow either side to take emergency measures to protect coastal communities, subject to dispute-settlement arrangements in the agreement. 

The deal enshrines the principle that Britain is now outside the EU’s common fisheries policy: an independent coastal state with sovereignty over its waters. 

4. Financial services 

The City of London will exit the EU’s single market for financial services at the end of the Brexit transition period on December 31. 

Both sides have said that the new market access arrangements for UK and EU financial services companies should be based on unilateral decisions by Britain and the bloc, rather than be provided for in the trade agreement. 

These so-called equivalence decisions involve each side evaluating whether the other’s financial services regulations are as tough as its own. 

Banks and traders have acknowledged that the proposed system is more piecemeal than existing arrangements, and less stable. The EU did not announce any fresh equivalence decisions on UK access to the bloc’s markets alongside the trade agreement on Thursday, resulting in uncertainty in key areas including share trading and derivatives. 

The two sides plan to put in place a regulatory dialogue on financial services based on a separate memorandum of understanding. 

5. Migration 

Current British and EU expatriates have their rights safeguarded by the UK’s 2019 withdrawal agreement with the bloc, but big changes to migration arrangements take effect from January 1. 

Britons will no longer have the benefit of European freedom of movement: the right to go to any EU member state and seek to work and live there on the same basis as the country’s own citizens.  

Instead, Britons will rely on a visa-waiver programme to travel to the EU for short stays, and on member states’ national rules for the right to work.  

Ending free movement for EU nationals in the UK was identified by the British government as one of the benefits of Brexit, allowing the country to devise a new immigration system.  

6. Security 

The EU and UK have been at pains to emphasise the importance of continuing co-operation in the fight against terrorism and organised crime, although talks in this area were complicated by Britain’s determination to escape the ECJ’s jurisdiction. 

But ahead of the deal being finalised, EU chief negotiator Michel Barnier confirmed the sides had found ways to maintain “close co-operation” on crucial matters including the work of the bloc’s crime-fighting agencies Europol and Eurojust, and the sharing of criminals’ DNA data. 

Brussels said the deal “builds new operational capabilities, taking account of the fact that the UK, as a non-EU member . . . will not have the same facilities as before”.  

The deal establishes that security co-operation can be suspended if the UK breaks away from the European Convention on Human Rights. 

Thursday 2 March 2017

The struggle to be British: my life as a second-class citizen

Ismail Einashe in The Guardian

I used my British passport for the first time on a January morning in 2002, to board a Eurostar train to Paris. I was taking a paper on the French Revolution for my history A-level and was on a trip to explore the key sites of the period, including a visit to Louis XIV’s chateau at Versailles. When I arrived at Gare du Nord I felt a tingle of nerves cascade through my body: I had become a naturalised British citizen only the year before. As I got closer to border control my palms became sweaty, clutching my new passport. A voice inside told me the severe-looking French officers would not accept that I really was British and would not allow me to enter France. To my great surprise, they did.

Back then, becoming a British citizen was a dull bureaucratic procedure. When my family arrived as refugees from Somalia’s civil war, a few days after Christmas 1994, we were processed at the airport, and then largely forgotten. A few years after I got my passport all that changed. From 2004, adults who applied for British citizenship were required to attend a ceremony; to take an oath of allegiance to the monarch and make a pledge to the UK.

These ceremonies, organised by local authorities in town halls up and down the country, marked a shift in how the British state viewed citizenship. Before, it was a result of how long you had stayed in Britain – now it was supposed to be earned through active participation in society. In 2002, the government had also introduced a “life in the UK” test for prospective citizens. The tests point to something important: being a citizen on paper is not the same as truly belonging. Official Britain has been happy to celebrate symbols of multiculturalism – the curry house and the Notting Hill carnival – while ignoring the divisions between communities. Nor did the state give much of a helping hand to newcomers: there was little effort made to help families like mine learn English.

But in the last 15 years, citizenship, participation and “shared values” have been given ever more emphasis. They have also been accompanied by a deepening atmosphere of suspicion around people of Muslim background, particularly those who were born overseas or hold dual nationality. This is making people like me, who have struggled to become British, feel like second-class citizens.

When I arrived in Britain aged nine, I spoke no English and knew virtually nothing about this island. My family was moved into a run-down hostel on London’s Camden Road, which housed refugees – Kurds, Bosnians, Kosovans. Spending my first few months in Britain among other new arrivals was an interesting experience. Although, like my family, they were Muslim, their habits were different to ours. The Balkan refugees liked to drink vodka. After some months we had to move, this time to Colindale in north London.

Colindale was home to a large white working-class community, and our arrival was met with hostility. There were no warm welcomes from the locals, just a cold thud. None of my family spoke English, but I had soon mastered a few phrases in my new tongue: “Excuse me”, “How much is this?”, “Can I have …?”, “Thank you”. It was enough to allow us to navigate our way through the maze of shops in Grahame Park, the largest council estate in Barnet. This estate had opened in 1971, conceived as a garden city, but by the mid-1990s it had fallen into decay and isolation. This brick city became our home. As with other refugee communities before us, Britain had been generous in giving Somalis sanctuary, but was too indifferent to help us truly join in. Families like mine were plunged into unfamiliar cities, alienated and unable to make sense of our new homes. For us, there were no guidebooks on how to fit into British society or a map of how to become a citizen.

My family – the only black family on our street – stuck out like a sore thumb. Some neighbours would throw rubbish into our garden, perhaps because they disapproved of our presence. That first winter in Britain was brutal for us. We had never experienced anything like it and my lips cracked. But whenever it snowed I would run out to the street, stand in the cold, chest out and palms ready to meet the sky, and for the first time feel the sensation of snowflakes on my hands. The following summer I spent my days blasting Shaggy’s Boombastic on my cherished cassette player. But I also realised just how different I was from the children around me. Though most of them were polite, others called me names I did not understand. At the playground they would not let me join in their games – instead they would stare at me. I knew then, aged 11, that there was a distance between them and me, which even childhood curiosity could not overcome.

Although it was hard for me to fit in and make new friends, at least my English was improving. This was not the case for the rest of my family, so they held on to each other, afraid of what was outside our four walls. It was mundane growing up in working-class suburbia: we rarely left our street, except for occasional visits to the Indian cash-and-carry in Kingsbury to buy lamb, cumin and basmati rice. Sometimes one of our neighbours would swerve his van close to the pavement edge if it rained and he happened to spot my mother walking past, so he could splash her long dirac and hijab with dirty water. If he succeeded, he would lean out of the window, thumbs up, laughing hysterically. My mother’s response was always the same. She would walk back to the house, grab a towel and dry herself.

At secondary school in Edgware, the children were still mostly white, but there was a sizeable minority of Sikhs and Hindus. My new classmates would laugh at how I pronounced certain English words. I couldn’t say “congratulations” properly, the difficult part being the “gra”. I would perform saying that word, much to the amusement of my classmates. As the end of term approached, my classmates would ask where I was going on holiday. I would tell them, “Nowhere”, adding, “I don’t have a passport”.

When I was in my early teens, we were rehoused and I had to move to the south Camden Community school in Somers Town. There, a dozen languages were spoken and you could count the number of white students in my year on two hands. There was tension in the air and pupils were mostly segregated along ethnic lines – Turks, Bengalis, English, Somalis, Portuguese. Turf wars were not uncommon and fights broke out at the school gates. The British National party targeted the area in the mid-1990s, seeking to exploit the murder of a white teenager by a Bengali gang. At one point a halal butcher was firebombed.

Though I grew up minutes from the centre of Europe’s biggest city, I rarely ventured far beyond my own community. For us, there were no trips to museums, seaside excursions or cinema visits. MTV Base, the chicken shop and McDonald’s marked my teen years. I had little connection to other parts of Britain, beyond the snippets of middle-class life I observed via my white teachers. And I was still living with refugee documents, given “indefinite leave to remain” that could still be revoked at some future point. I realised then that no amount of identification with my new-found culture could make up for the reality that, without naturalisation, I was not considered British.

At 16, I took my GCSEs and got the grades to leave behind one of the worst state schools in London for one of the best: the mixed sixth form at Camden School for Girls. Most of the teens at my new school had previously attended some of Britain’s best private schools – City of London, Westminster, Highgate – and were in the majority white and middle-class.

It was strange to go from a Muslim-majority school to a sixth form where the children of London’s liberal set attended: only a mile apart, but worlds removed. I am not certain my family understood this change. My cousins thought it was weird that I did not attend the local college, but my old teachers insisted I go to the sixth form if I wanted to get into a good university. A few days after starting there, I got my naturalisation certificate, which opened the way for me to apply for my British passport.

Around the time I became a British citizen, the political mood had started to shift. In the summer of 2001, Britain experienced its worst race riots in a generation. These riots, involving white and Asian communities in towns in the north-west of England, were short but violent. They provoked a fraught public conversation on Muslims’ perceived lack of integration, and how we could live together in a multi-ethnic society. This conversation was intensified by the 9/11 attacks in the US. President George W Bush’s declaration of a “war on terror” created a binary between the good and the bad immigrant, and the moderate and the radical Muslim. The London bombings of 7 July 2005 added yet more intensity to the conversation in Britain. 

Politicians from across the spectrum agreed that a shared British identity was important, but they couldn’t agree on what that might be. In 2004, the Conservative leader Michael Howard had referred to “The British dream” when speaking about his Jewish immigrant roots. After 2005, he wrote in the Guardian that the tube attacks had “shattered” complacency about Britain’s record on integration. Britain had to face “the terrible truth of being the first western country to have suffered terrorist attacks perpetrated by ‘home-grown’ suicide bombers – born and educated in Britain”. Many commentators questioned whether being a Muslim and British were consistent identities; indeed whether Islam itself was compatible with liberal democracy.

Howard defined a shared identity through institutions such as democracy, monarchy, the rule of law and a national history. But others argued that making a checklist was a very un-British thing to do. Labour’s Gordon Brown, in a 2004 article for the Guardian, wrote that liberty, tolerance and fair play were the core values of Britishness. While acknowledging such values exist in other cultures and countries, he went on to say that when these values are combined together they make a “distinctive Britishness that has been manifest throughout our history and has shaped it”.

For me, at least, becoming a British citizen was a major milestone. It not only signalled that I felt increasingly British but that I now had the legal right to feel this way.

But my new identity was less secure than I realised. Only a few months after my trip to Paris, the Blair government decided to use a little-known law – the 1914 British Nationality and Status of Aliens Act – to revoke the citizenship of naturalised British persons, largely in terrorism cases. Before 1914, British citizenship, once obtained, could only be given up voluntarily by an individual, but that changed with the advent of the first world war. According to the Oxford politics professor Matthew Gibney, the 1914 act was a response to anti-German sentiment and fears about the loyalty of people with dual British-German citizenship. A further law, passed in 1918, created new and wide-ranging grounds to revoke citizenship.

In theory, since 1918, the home secretary has had the power to remove a naturalised person or dual-nationality-holder’s British citizenship if it was considered “conducive to the public good”, but a 1981 law prevented them from doing so if it made the person stateless. Since 9/11, that restraint has been gradually abandoned.

In 2006, the home secretary was given further powers to revoke British citizenship. At the time, the government sought to allay concerns about misuse of these powers. “The secretary of state cannot make an order on a whim,” the home office minister Angela Eagle had said when the law was first proposed, “and he will be subject to judicial oversight when he makes an order”.

Although the post-9/11 measures were initially presented as temporary, they have become permanent. And the home secretary can strip people of their citizenship without giving a clear reason. No court approval is required, and the person concerned does not need to have committed a crime. The practice is growing. Under Labour, just five people had their citizenship removed, but when Theresa May was at the Home Office, 70 people were stripped of their citizenship, according to the Bureau of Investigative Journalism. Yet these near-arbitrary powers have caused remarkably little concern.

 
‘Before, citizenship was a result of how long you had stayed in Britain, but now it was supposed to be earned through active participation in society.’

People have largely accepted these new powers because they are presented as a way to keep the country safe from terrorism. After 9/11, the public became more aware of the Islamist preachers who had made London their home in the preceding decades. Abu Hamza, who was then the imam of Finsbury Park mosque, and became a notorious figure in the media, was, like me, a naturalised British citizen. For several years as a teenager, I attended the Finsbury Park mosque. It was small; I remember the smell of tea, incense and feet that greeted you every time you walked in. I also remember the eclectic mix of worshippers who visited – Algerians, Afghans, Somalis and Moroccans. Unlike Muslims of south-Asian background, few of these people had longstanding colonial ties to Britain. Most had fled civil war in their home countries, while some of the North Africans had left France because they felt it treated Muslims too harshly. The mosque was not affiliated with the Muslim Association of Britain, and its preachers promoted a Salafi form of Islam.

I remember Abu Hamza as a larger-than-life character, whose presence dominated mosque life, especially at Friday prayers when he would go into very long sermons – usually about the dangers of becoming too British. Attending this mosque was like being cocooned from the realities of modern life. I recall Abu Hamza once going off about how, as young Muslim teens, we were not to follow the “kuffar” in their habit of engaging in premarital sex. For much of my teens, this mosque held a kind of control over me, based on fear. That changed when I moved to my new sixth form and felt able to start exploring the world for myself, and began to realise that I could be secular, liberal and humanist.

I went in one direction, but other people I knew chose different paths. Before 2001, I don’t recall many women wearing the niqab, but as the years wore on it became a more common sight on the streets of London. My sister even began to wear one – contrary to media stereotypes of women being coerced, she chose to, as did many of the young women I had gone to school with. The way that young Muslims practised Islam in Britain changed, in line with global developments. They dropped the varied cultural baggage of their parents’ versions of the religion and began a journey to a distinct British Islam – something that connected the Somali refugee and the second-generation Bangladeshi, the Irish and Jamaican converts.

Some of the white working-class kids I grew up with converted to Islam. Daniel became Yusef and Emma became Khadija. Before I knew it, they were giving me advice about how Muslims should behave. I observed this role reversal with amusement. One boy in particular would preach to me while incessantly saying “bruv”. I also saw the young men I had grown up with move away from a life sat on bikes wearing hoods under bridges in Camden listening to grime, to practising their Islam more visibly. Out went the sneaky pints, spliffs and casual sex. Now it was beards, sermons about the faith and handing out Islamic leaflets on street corners. But I did not heed their words. When I was 16 I stopped attending the mosque and I began to question my faith.

Mahdi Hashi was one of the young men I grew up with. Hashi was another child refugee from Somalia. As a teenager he used to complain that he was being followed by the British security services. He said they wanted to make him an informant. Hashi was not alone. In 2009, he and other young Muslim men from Camden took their allegations to the press. One said that a man posing as a postal worker turned up at his door and told him that if he did not cooperate with the security services, then his safety could not be guaranteed if he ever left Britain.

For most newcomers, citizenship is not just confirmation of an identity, it is also about protection: that you will be guaranteed rights and treated according to the law. Hashi lost that protection. In 2009, he left for Somalia because, his family say, of harassment by the security services. In June 2012, his family received a letter informing them that he was to lose his British citizenship. Later that summer Hashi turned up in Djibouti, a tiny former French colony on the Red Sea. He was arrested. He alleges that he was threatened with physical abuse and rape if he did not cooperate with authorities in Djibouti – and he alleges that US officials questioned him. In November 2012, he was given over to the Americans and taken to the US without any formal extradition proceedings. In 2016, Hashi was sentenced in New York to nine years in prison for allegedly supporting the jihadist group al-Shabaab. He will be deported to Somalia upon his release.

Hashi’s case is not unique. Bilal Berjawi, who came to Britain from Lebanon as a child, had his British citizenship revoked in 2012 and was killed in a US drone strike on the outskirts of Mogadishu. His friend Mohamed Sakr, who held dual British-Egyptian nationality, was also killed by a drone strike in Somalia after he had been stripped of his UK citizenship. Together with a third friend, the two young men had visited Tanzania in 2009 on what they claimed was a safari trip, but were arrested, accused of trying to reach Somalia and returned to the UK. The third friend was Mohammed Emwazi, now better known as the Isis executioner “Jihadi John”.

The war in Syria, and the attraction that Isis and other jihadist groups hold for a small minority of British Muslims, has led to a further increase in citizenship-stripping. In 2013 Theresa May, who was then home secretary, removed the citizenship of 13 people who had left for Syria. The government has a duty to protect people, but the tool it is using will have wider, damaging consequences.

The right of newcomers to be considered fully British has been a long struggle. The first border controls of the 20th century were introduced to stop the movement of “alien” Jewish refugees from eastern Europe. In 1948, the British Nationality Act gave citizenship to anyone who had been a subject of empire, but those black and Asian migrants who took up the offer – indeed, who often thought of themselves as British – were met with shocking racism: with “no Irish, no blacks, no dogs”. The 1962 Immigration Act began to limit the citizenship rights of people from the non-white colonies, and by the 1982 Act it was all over.

Now we are caught in a paradox, where the state is demanding more effort than ever on the part of the migrant to integrate, but your citizenship is never fully guaranteed. Fifteen years on from the events of 9/11, gaining British citizenship is a much tougher process. And becoming a naturalised citizen is no longer a guarantee against the political whims of the day: you are, in effect, a second-class citizen. Citizenship-stripping is now a fixture of the state, and it is defended in the usual vein, which is to say: “If you have not done anything wrong, you have nothing to fear.” The usual caveat is that this concerns terrorists and criminals – a red herring that masks the true purpose of such laws, which is to empower the state at the expense of ordinary people. The philosopher Hannah Arendt memorably described citizenship as “the right to have rights”, but for people of migrant background such as myself, this is being eroded. We are not a small group: according to the 2011 census, there are 3.4 million naturalised Brits.

As I was writing this piece, Donald Trump issued his executive order that bans people from seven majority-Muslim countries, including Somalia, from entering the US – even if they hold dual nationality. I happened to be visiting New York at the time, and the ban has left me wondering if I will ever be allowed to again. Despite assurances from Britain’s government, it remains unclear whether the ban applies to people who hold a British passport, but were born overseas. Trump’s ban did not happen in a vacuum: there is a thread linking the anti-terror policies of western governments and this extreme new step.

Today, I no longer feel so safe in my status as a naturalised British citizen, and it is not just the UK. In other liberal democracies such as Australia and Canada, moves are under way to enable citizenship-stripping – sending people like me a clear message that our citizenship is permanently up for review.

Saturday 19 November 2016

Susan Smith complains after judges ordered her four-year-old to stop wearing girls’ clothes

Ashifa Kassam in The Guardian

A Canadian mother has called for lawyers and judges to receive better training on gender identity after two judges in the province of Alberta ordered her four-year-old child to stop wearing girls’ clothing in public.

The order was first issued last year by a family court judge in Medicine Hat, a small city of 63,000. Some three months later, the clothing restriction was upheld by a second judge.

Susan Smith said her child was born male but began identifying as a girl soon after turning two years old. “First I thought it was really cute. It was like ‘oh no no honey, you’re a boy,” said Smith, whose name has been changed in order to protect the child.

But her child only became increasingly insistent. Smith, who is separated from the child’s father but shares custody, struggled with how to respond. “I was kind of questioning, is my kid doing this for attention? What is going on?”

Then one evening, after her child surprised her by asking when their penis would fall off, Smith sat the child down. “I told them sweetheart, you were born with a penis, so you’re a boy. You will always have your penis, therefore you’ll always be a boy.”

A few nights later her child woke her up, visibly upset. “It was along the lines of mom, I don’t want to be a boy,” said Smith. “And then it went to almost shouting. I’m going to cut my penis off, I want my penis off.”



Trans children allowed to express identity 'have good mental health'


Concerned for the safety of the child, she sought professional help and began researching gender dysphoria, a condition that causes a person to experience extreme distress because of a disconnect between their birth sex and gender identity.

Soon after, Smith decided she would acknowledge the child’s choice of gender identity. “I was going to do whatever I could to validate and support them and to be that one person they could go to,” Smith said.

After conferring with the staff and children at her child’s preschool and daycare, she began offering her child the option of wearing either male, female or gender neutral clothing. Her child consistently chose stereotypically female clothing and opted to go by a female name, she said.

According to Smith, her child’s confidence bloomed, while the yelling, screaming and unhappiness disappeared. “Everything was perfect,” she said.

Throughout the process, Smith had kept the father informed. But about one month after she began allowing her child to choose their clothing, Smith was served court documents. The father – who Smith said blamed her for the child’s anxiety and confusion around gender – was seeking full custody of the child.

The first interim order, issued in December 2015, said Smith could continue as the primary caregiver. But the judge said the child would not be permitted to wear clearly female clothing in public. The child could choose to do so in private, the order said.

The ruling came as a shock to Smith. “I’m the person that knows this kid more than anybody in this world,” she said. “It’s like telling your kid who has a huge thing for being Spiderman – and that was allowed to have a Spiderman backpack, a Spiderman shirt, a Spiderman pencil and a Spiderman cup – and all of a sudden you come along and you take all of that away. And you give them a Batman cup.”

In February, a second judge upheld the ruling, and also granted the father primary custody of the child, with Smith allowed limited access.

In September, a third provincial judge overturned the clothing restriction after consulting with a parenting expert. The child, said the judge, must now be provided with male and female clothing options and then can choose from these options.

Smith said the consecutive orders – all issued within a nine-month span – have taken a toll on the child, who is now five. “When my child was removed and placed with Dad, they internalised it and took it like they did something wrong. They were being bad because the judge doesn’t like them to be a girl.”

She plans to file a judicial complaint with the province, demanding that all legal representatives in Alberta – from judges to lawyers – be better trained on gender identity. “If they were properly educated and aware of the severe consequences and the turmoil this has had on my child, they could not ethically say it’s in the best interests of the child.”

Ron Hewitt, the executive director of Alberta’s provincial court system, said judges study and refer to a number of sources of information to keep current on the law and other matters that apply to their role as judges. “Our court carries on extensive professional development for the judges of the court in all areas as appropriate,” he said.



Transgender children: the parents and doctors on the frontline

While Alberta’s justice minister, Kathleen Ganley, could not comment on the specifics of the case, she pointed to an amendment made last autumn to the province’s Human Rights Act, which saw gender identity and gender expression added as prohibited grounds of discrimination. “This is now law, and we expect all Albertans to follow the law,” she said in a statement.

Smith said her complaint – and the remedy she’s demanding – will do little to help her in her ongoing court battle to regain custody of her child. But she hopes it will prevent other families from experiencing what she and her child have been through in the past year. “This has been so hard on my kid,” she said, her voice shaking as she fought back tears.

“My kid then started talking about dying. At four, they didn’t feel that the world wanted them to be a girl. That they were no good,” she said. “My kid was asking me, mom, does it hurt to die, how can I die, where would I go when I die? Mom now that you know, when I die, grow me in your belly but grow me as a girl, not with a penis. Because now you know.”

Thursday 27 October 2016

Stop comparing the Canadian Ceta deal to Brexit – we are going to suffer much more in our trade negotiations

James Moore in The Independent


Those Brexiteers who fondly believe that Britain will be able to have its cake and eat it too as regards trade with the EU often used to like to point to Canada as a potential model for our future relationship with our former partners.

Canada, you see, was in the process of negotiating a trade deal that would have eliminated nearly all the tariffs between the two sides.

It would have thus facilitated access to the European single market for the country without it being a member and having to accept lots of Europeans turning up and looking for work in Toronto.

Everything was going swimmingly until, that is, the Walloons of Belgium kicked up a fuss and threatened to derail the deal, the future of which is now hanging on a knife edge.

To get agreements like the Comprehensive Economic and Trade Agreement (Ceta) up and running requires the assent of all of the EU’s 28 member states. Unfortunately, before Belgium can add its name to the list it first has to secure the assent of six regional assemblies. The Wallonian one is worried about the impact of the deal on its farmers.

Cue a blizzard of statements, and counter statements, and threats and counter threats, as both sides face up to the fact that they may have wasted seven years of complex and painstaking work.

Critics of the EU in Britain have used the debacle to bolster the case for leaving.

But critics within the EU have tabled a rather different argument. They suggest that the problem lies with Brussels having ceded too much control over trade to national Parliaments. There is a rich irony in the fact that Britain and its Eurosceptics are part of the reason for that.

For years they preached the virtue of national vetoes and subsidiarity. No handing power to Brussels Bureaucrats!

That may now come back to bite them because it might just scupper hopes of securing a favourable trade deal with Europe.


But, but, but we buy lots from the Wallonian farmers so they won’t have a problem with us!

That was the knuckle-headed response of Brexit supporting minister Chris Grayling. We’ve heard many variants on that sort of theme in recent months.

It’s true that Grayling’s flimsy argument was given something of a boost when the entirely more substantial figure of Germany’s Angela Merkel said she didn’t necessarily see parallels between this debacle and the upcoming talks between the UK and the EU.

But what if someone does kick up a fuss when the outcome of those talks becomes known? Germany might not, despite the childish insults lobbed its way by some right wing politicians and some right wing newspapers. Germany, however, doesn’t speak for the entire EU.

Perhaps the Spanish will decide to throw a spanner into the works unless there’s some movement on the question of Gibraltar. You could hardly blame the Poles for digging their heels in given the way Britain has treated the citizens of that country who live here. Maybe the French will decide it’s time for some payback for past British obstructionism.

Hang on, I hear you say, they’re grown ups. They surely wouldn’t stoop to such tactics. They’ll want a deal that works for both sides too.

Perhaps that’s so. But would you really be confident in ruling out the risk of a repeat performance when it’s Britain’s turn?


The Canadians will manage without this deal. They’re already part of the North American Free Trade Agreement, and they have trade deals in place with other countries besides.

Britain shorn of the EU has nothing of the sort. And it has a very different international image to the one that Canada has.

You couldn’t imagine its Prime Minister Justin Trudeau not guaranteeing the rights of Europeans living in his country if the issue cropped up, or of tolerating calls for child refugees to submit to dental testing.

Goodwill and good PR are powerful currencies, and Trudeau has lots of both, in stark contrast to Theresa May’s nasty and inward looking Tory administration.

An administration that doesn’t appear to have anything resembling a strategy beyond waving its fists, stomping its feet and threatening to go home and sulk if its former European friends won’t play the game by its rules.

Soon the reality of that will start to bite. The sort of problems Canada is having with Europe may ultimately pale by comparison to the ones faced by Britain.

We’ll know who to blame when they emerge. Clue: it won’t be the Wallonian farmers or their surrogates.