Marginal Notes

Calgary Courts Warn Women Not to Drink

The message is loud and clear: don't drink or you can be raped without consequence.

And, it makes no difference if you're a 14-year-old girl who is assaulted by an adult male.

Drunk teen sex ruled no crime: Judge says evidence insufficient to prove girl involved didn't consent

By KEVIN MARTIN, SUN MEDIA

Having sex with a drunken 14-year-old he had plied with alcohol was not a criminal offence by former Calgary man, a judge ruled yesterday.

Justice Peter McIntyre said there was insufficient evidence the girl didn't consent to having sex with Trevor Byron Niebergall.

But McIntyre did find Niebergall guilty of sexual assault for placing his genitals on the girl's face after she passed out -- an act the offender captured on his cellphone camera and showed to co-workers.

McIntyre said the fact the teenage complainant didn't remember her sexual encounter with Niebergall at a December 2005 New Year's Eve party did not mean she hadn't consented.

He noted one witness said she appeared to have the capacity to consent when she and Niebergall went to a washroom in his brother's apartment, where they had sex. And the Queen's Bench judge said the girl willingly consumed large amounts of alcohol supplied by Niebergall even after he made lewd sexual comments.

She said on three occasions the accused said he would drink with her if she performed a sexual act on him.

"The accused's lewd comments towards her did not compel her to leave," the judge said. "The complainant was not forced to consume alcohol -- she drank ... beer willingly and then switched to alcohol. It is not at all clear why she drank so heavily."

Niebergall, then 19, showed photographs of the teen, naked and passed out, to co-workers the following day, bragging he had had sex with her six times.

But in his testimony he said they only had sex twice, one in the bathroom and later when other partygoers had left and both times with her consent.

McIntyre said because the girl drank so heavily and had little recollection of events at the party, he could not accept her claim she didn't agree to have sex.

"Her evidence was not reliable after she started drinking," he said.

Crown prosecutor Susan Kennedy said a 45- to 60-day jail term is warranted for the incident which occurred after the teen passed out.

Defence lawyer Pat Flynn has requested a pre-sentence report before making his full submissions. The case returns to court on Oct. 14.

Two months in jail? Did the judge, Peter McIntyre, not think to ask why the rapist was buying drinks for a minor in the first place?

Can women and children in Calgary not expect protection from sexual violence?

Maybe, Trevor Niebergall would like to have drinks on me.

UPDATE: Please read Matttbastard's excellent follow-up - "How To Get Away With Rape in Canada" - at Shakesville.

All Work and No Play Makes Polly a Dull Girl

Oh mon dieu, my life is dull.

 I'm busy these days with my research. When I'm not doing that, I try to engage in activism and try to write for popular publications.

Besides that, I sit at home watching old movies and So You Think You Can Dance.

Most of my friends are married. Many have kids.

I try to date, but I usually find mama boys or freaks who have yet to recover from their ex-wives.

I mean seriously - a girl deserves a break.

So, anyway, I have nothing interesting to write 'cause I have become dull.

Until I recover, here is some list to fill up some blog space:

My life in 200 Questions:

200. My middle name is: Yvonne.    

199. I was born in: Calgary, Alberta.

198. I am really: DULL!

197. My phone is: turned off.

196. My eye color is: hazel.

194. My ring size is: Hmm...I used to know this, but I forget.

193. My height is: 5 feet, 6 inches.

192. I am allergic to: all of the natural word. This includes dogs, cats, horses, hamsters, trees, grass...You get the picture. For the record, to all the people who think they know how to "cure" allergies, SHUT THE FUCK UP.

191. I was born in: a manger...Ok, I was born in Foothills Hospital in Calgary.

190. I am annoyed by: people who are highly self-deceptive.

189. Last book you read: I'm reading 'Another World is Possible' by McNally.

188. My bed is: empty.

187: One thing you hate about yourself: I am highly anxious at times. On a related note, I need to stop biting my nails; it's gross.

178. The Perfect Kiss is: only the beginning.

177. The last CD I bought was: I think it was The Shins...I mostly download singles now.

175. Are you living at home? I live in a home.

174. Do you have any siblings? I have two older brothers and two older sisters.

173. What did you do yesterday? I transcribed a research interview, went on a walk, searched for articles, had a nap...My life is boring.

:::I Do/Do Not Believe In:::

142. Love at first sight? No.

141. Luck? Yes.

140. Fate? Huh?

139. Yourself? Yes!

138. Aliens? Yes. E.T. go home.

137. Heaven? Not really.

136. Hell? Only Hallmark Hell.

135. Ghosts? Maybe.

136. Horoscopes? Well, the basics for Gemini reflect my personality well, but that's where it ends for me...

133. Soulmates? Nope.

:::Which is Better?::

128. Drunk or High? Both...but, if I must choose, I would like to be drunk.

127. On phone or online? Online!

126. Red heads or Black heads? Black hair.

125. Blondes or Brunettes? Brunettes.

124. Hot or cold? Neither. I don't like temperature extremes.

123. Summer or winter? Summer.

121. Chocolate or vanilla? Chocolate.

120. Night or Day? Night...although I am beginning to like the day now.

119. Oranges or Apples? Hands down - oranges.

118. Curly or Straight hair? Wavy?

:::Here's What I Think About:::

116. Abortion: Ugh. What do you think?

115. Backstabbers: I am super annoyed by people who don't have the guts to take you on to your face.

114. Parents: They are the best and the worst.

:::Last time I:::

100. Hugged someone? It's been a while...

101. Saw someone: I had a great visit with my dad earlier today.

100. Cried in front of someone: I teared up in front of my dad today.

:::MISC:::

90. Who is the ditziest person you know: My friend 'L' who is ditzy, but also very smart.

89. Who makes you laugh? My family...when my family plays games like Pictionary or Charades, I laugh to the point that it hurts.

88. Last show you watched? Hmm. I can't remember, but I'll be watching So You Think You Can Dance this Wednesday!

87. What you don't understand is? One thing I cannot understand is why people are so threatened by activism.

80. The most unsatisfying answer I've ever received is: likely from the lips of a man about some relationship issue.

76. Something I will really miss when I leave home is? I think it is really sad that I am doing a survey that was clearly designed for teenagers.

75. The thing I'm looking forward to the most is? Having my maybe-kid look at me after years of sacrifice and hearing her or him say, "I hate you. I wish you weren't my mother!"

73. Tomorrow: is the day before my blood infusion - "prep" day.

72. Today: was OK.

71. Next Summer: I will hopefully be finishing up my thesis.

70. This Weekend: I want to get drunk.

67. People call me: crazy, but they call me.

62. The person(s) who knows the most about me is/are: my parents.

60. The most difficult thing to do is: accept.

59. I haven't gotten a speeding ticket: in some time.

55. The first person I talked to today was: myself. "Get up," I said.

54. First time you had a crush: I was 5 years old. I was visiting my grandmother in Scotland. His name was Keith. When I returned at nine, he bough me pig earrings.

53. The one person who I can't hide things from: I don't cope well with hiding much although I can guard others' secrets with no trouble.

52. Last time someone said something you were thinking: I dunno.

51. Right now I am talking to: an imaginary reader.

50. What is your dream job? I would love to be a writer, an activist...I would love to be a hip hop dancer.

49. First job? I was a busgirl at Calaway Park.

47. I have these pets: I call them "my nephews."

46. I wish: for so, so much, but I would like no health problems for the rest of my life.

45. The worst sound in the world is: lying.

44. The person that makes me cry the most is: me.

43. Best sound in the world? Laughter!

42. Who makes you happy? My family, my friends, people with great ideas...

38. Cats or dogs? Neither. I'm allergic and I would choose a Guinea Pig if I could have a pet.

36. Which Golden Girl would you be? I guess Blanche because she got laid in her 60s more than I do now.

35. Myspace or Facebook: Facebook...C'mon.

34. Mexican food or Chinese? Chinese for sure.

33. My favorite piece of clothing? I have jeans that I like.

32. My favorite color(s) is/are: I don't have one.

31. Last time I cried: Today.

30. My friends are: mostly from childhood and I am super lucky to have seen them evolve into very different people, while retaining the qualities that make them incredible women.

29. My computer is: a Dell. I'm not a computer chick.

27. Last person I got mad at? The last lame guy that I was dating.

26. Person you secretly crush? I don't really have one...As I said, I am too much work and not enough play!

25. Favorite food place? Planet Organic.

24. Favorite song: 'Miss World by Hole' or 'Polly' by Nirvana...I could really go on here...

23. Paper or plastic? Are we talking shopping bags?

22. The all-time best show is: Six Feet Under.

21. The all-time best feeling in the world is: love.

20. Favorite scent? Green tea...at least I have a lotion that is green tea lotion and I like that scent.

19. What color is your hairbrush: Brown - it's wooden.

18. Favorite shoes: I have several that I like. I like a pair of brown boots.

17. I lose all respect for people who: lie to themselves.

15. Color of your room? All my walls are washed out taupe and I want to paint them.

14. TV channels you watch? CBC, Global, Showcase, Bravo.

13. Best Feature(s) in the opposite/same sex: their necks and shoulders and arms...if only I could find one with a spine.

12. My best feature: I have nice legs.

11. The worst pain I was ever in was? When I was eighteen, I suffered terrible emotional pain.

10. Best Memory? swimming in the ocean, following a sea turtle.

9. Favorite TV show? For the love of God, So You Think You Can Dance!

8. My favorite celebrity: John Cusack.

7. Favorite Stuffed Animal: Huh?

6. Greatest Fear: Abandonment.

5. My weakness is: I have many.

4. Why did you kiss the last person you kissed? I wanted sex.

3. Who broke your heart? Usually, I break my own heart because I fall out of love.

2. One thing that makes you feel great is: writing a good essay.

1. One person that you wish you could see right now? John Cusack would do nicely.

Links:

I've seen this survey a number of places. I copied the questions from this blogger so I wouldn't have to fool around with html coding. Some of the questions are missing. This may be the original survey. Who knows?!

"The Greatest Outdoor Show on Earth" meets "The Most Destructive Project on Earth"

Alberta is home to both the famous and the infamous.

The Calgary Stampede is often heralded as "The Greatest Outdoor Show on Earth."

The Alberta Tarsands have been deemed "The Most Destructive Project on Earth."

The joys of capitalism collide with its terror in this incredible photograph of protesters at this year's Stampede Parade:

Links:

More on the "Hear no Evil, See no Evil, Speak no Evil" demonstration along the parade route.

Refuseniks and Anti-Imperialist Solidarity

Today, July 2nd, is a National Day of Action to Stop the Deportation of War Resister Corey Glass.

Canada's War Resisters Support Campaign asks you to call Diane Finley, Minister of Citizenship and Immigration Canada:

U.S. Iraq War resister Corey Glass is still facing deportation on July 10th, despite the Parliament of Canada having voted in favour of a motion to let Corey and other U.S. war resisters stay.

The federal government and the Minister of Citizenship and Immigration must respect the will of Parliament and implement the motion which calls on the government to “immediately implement a program to allow conscientious objectors and their immediate family members […] to apply for permanent resident status and remain in Canada; and … the government should immediately cease any removal or deportation actions … against such individuals.”

On July 2nd, the War Resisters Support Campaign is calling on all supporters to call Minister Diane Finley and ask her to:

• STOP deportation proceedings against Corey Glass and all U.S. Iraq war resisters; and
• IMPLEMENT the motion adopted by Canada’s Parliament to allow U.S. Iraq war resisters to apply for permanent resident status.

Here are the numbers to call:
Minister of Citizenship and Immigration Diane Finley
613.996.4974

MP Diane Finley’s constituency office (Simcoe):
519.426.3400

Or email her at:
minister@cic.gc.ca
or
finled1@parl.gc.ca

Corey Glass is among the refuseniks across the world who are resisting Imperialist wars.

Payday is an international and multiracial network of men which works with the Global Women’s Strike. From their website:

We have groups in London, the Philippines and in Philadelphia. We work with other men in other countries, including Chile, Canada, Guyana, India, Ireland, Italy,Kenya, Spain, Uganda and Venezuela.

We are from many walks of life, waged and unwaged, urban and rural, fathers,carers, immigrants, gay, bisexual and straight, of different races, ages, members of community organizations and trade unions. Like the rest of the Strike, we are independent of political parties.

We organise on the basis of the Strike’s central demand: that society must Invest in Caring, not Killing -- that money spent on military budgets must go instead to communities, which means first of all to women, who are internationally the primary carers.

All our organising is done in close consultation with women from the Strike to ensure that we do not ignore or contradict women’s and children needs.We have benefited from the leadership provided by the Strike, whose starting point is the worker who does (most of) the caring, and are encouraged to know that the revolution in Venezuela has also been spearheaded by women, which is acknowledged by President Chávez.(We are happy to know he has said publicly that he wants to join the Strike.) Finding ways to work with women and children, and other men is, we believe, our biggest challenge as well as our only chance for survival.

Over the years we have been involved in many campaigns and initiatives, namely: in defence of welfare, anti-deportation, anti-war, support for waged workers on strike (the Fire Brigades Union was the latest), pay equity disputes,and many anti-racist initiatives, including No School Apartheid: protesting the segregation of the children of asylum seekers, mainly Third World children of colour.

Our main initiative in the last few years has been Refusing to Kill: gathering support around the world for men (and increasingly women) who refuse to torture, maim, rape and kill for the military. Until an end for any need for them, armies must be used to defend and support communities -- as in Venezuela -- not for aggression.

We have initiated international campaigns in support of refuseniks in Israel,Turkey and the US; and highlighted the key role that women play in supporting conscientious objectors, “deserters”, draft evaders and whistleblowers.

In 2004 we supported Alex Izett, Scottish veteran from the First Gulf War in 1991, who went on hunger strike demanding the recognition of Gulf War Syndrome, which has killed or disabled thousands of soldiers and members of their families. His protest won the Independent Inquiry in London and official recognition that the Syndrome exists. We have been networking with organisations in the US, in France and Italy on this issue.

In the United States, we have been part of an anti-racist self-help campaign to inform students and parents of their right to Opt Out – to refuse to allow schools to give military recruiters access to students’ home phone numbers and addresses .Young people in Black, Latino, and other low-income are targeted by military recruiters, despite broad and increasing to US wars,especially in communities of colour.

 
Links:

War Resisters Support Campaign

The Payday Network

Resources:

'Canada in Afghanistan: Peacekeeper or Warmonger?' by Ian Sinclair via New Socialist

UPDATE: Canadian Federal Court ruled that the immigration board erred “by concluding that refugee protection for military deserters and evaders is only available where the conduct objected to amounts to a war crime, a crime against peace or a crime against humanity." Officially condoned military misconduct could still support a refugee claim, even if it falls short of a war crime.

Trade NAFTA for Citizen Control of Oil

Here's a fair trade: The US can take NAFTA back and, in return, people will share equally in oil resources.

Gordon Laxer, of the Parkland Institute, lights the way:

Bitten by the deal that once fed us
Canadians should hope for an Obama presidency and the reopening of NAFTA

The Globe and Mail
June 23, 2008

John McCain's visit to Canada on Friday was a preview of just how important the issue of renegotiating the North American free-trade agreement will be in this fall's U.S. presidential election. The prospect of a Barack Obama presidency has sparked a lot of "will he or won't he" worry in Canada. You can feel the fear of the business-as-usual crowd trying to reassure themselves that Mr. Obama won't really reopen NAFTA.

He now says he won't unilaterally withdraw, and that his rhetoric got a little overheated, but Mr. Obama still promises to open up a dialogue on NAFTA. Instead of wringing hands and holding on to the past, Canada should seize the opportunity that renegotiation could bring.

If Mr. Obama wins in November and brings his issues - labour and environment standards - to the table, Canada should prepare its own list. At the top should be getting out of the "energy proportionality" straitjacket that mandates that Canada must offer a majority of its oil and gas to the United States, even if Canadians freeze in the dark. Proportionality is "unique in all of the world's treaties," writes Richard Heinberg, a noted California author on energy. In no other developed country are citizens denied first access to their own resources. "Canada has every reason to repudiate the proportionality clause," Mr. Heinberg continues, "unilaterally and immediately."

Why did Canada agree to proportionality and why is it a bad idea now?

Canada entered the Canada-U.S. free-trade agreement and NAFTA 15 or 20 years ago under very different circumstances. Then, it was widely believed that the world had plenty of cheap oil, and there were no limits to ever-increasing energy consumption. Few had heard of the catastrophe of climate change. Pre-Sept. 11, security of energy supplies was on few people's minds.

In the early 1990s, it appeared to make sense for Canada to get virtually guaranteed access to U.S. energy markets and, in return, to give the United States first call on the majority of our seemingly limitless reserves of oil and gas.

None of those assumptions now hold. Elsewhere, governments are making plans to drastically cut greenhouse gases, meet the challenge of very expensive gasoline and natural gas, and are preparing for the sudden shut off of fossil fuels.

But, not Canada. The business as usual crowd, led by Stephen Harper's government and the oil transnationals, seems to expect our carbon-burning society to carry on as before.

We can't. Canada has only 9.3 years left of proven supplies of natural gas at current rates of production. Yet Canada must make 60 per cent of it available for export by NAFTA's proportionality clause.

 Albertans are in for a shock. Despite faith in the province's endless resource reserves, Alberta has only 8.1 years left of remaining established supplies of natural gas.

Yet, Alberta recklessly exports half its natural gas, and uses an increasing amount to produce tar-sands oil. Three quarters is exported to the United States.

The Alberta Gas Resources Preservation Act, first enacted in 1949, is supposed to provide security of supply for Albertans of 15 years before natural-gas removals are permitted from the province. It keeps narrowing its definition of which Albertans it will protect. Alberta doesn't enforce its own laws. With less than 10 years of proven supply, Canada is running out of conventional oil.

The tar sands have much oil. But they cannot be produced with as low a carbon footprint as conventional oil. A seemingly unstoppable momentum is gathering in the United States to not buy dirty tar-sands oil. If Mr. Obama becomes president, he would likely shut the borders to it.

So, although Canada has lots of oil, we will increasingly be unable to use most of it. That means stretching out the lifespan of conventional oil by ending exports and seriously cutting domestic consumption. The alternative of increasing imports from unstable OPEC countries is irresponsible. Thus, Canada can no longer afford to export its remaining supplies of deliverable oil.

We should take the opportunity offered by the prospect of an Obama presidency and exit from NAFTA's proportional, mandatory-exporting clause. It may have made sense when we signed it. It doesn't now.

And if you expect Mr. Obama to back off on renegotiating NAFTA as president, think again.

Ohio decided the 2004 presidential election and may do so again this year. His need to win over the white working-class voters in Ohio, who strongly backed Hillary Clinton during the Democratic Party primary and who oppose NAFTA, will likely propel Mr. Obama to renew his pledge this fall.

What had been a fairly minor American story became much louder as Canadian officials tried to scare the Democratic presidential hopefuls into backing off their pledges to reopen NAFTA.

David Emerson, then Canada's Trade Minister, warned that "If you open it [NAFTA] for one or two issues, you cannot avoid reopening it across a range of issues." He added that "Americans' privileged access to Canada's massive oil and gas reserves could be disrupted."

By saying that NAFTA gave the United States a sweet deal on Canadian energy, Mr. Emerson raised the question of whether Canada got a raw deal. By trying to browbeat American politicians into not reopening NAFTA, the Conservatives put renegotiating NAFTA's energy clauses right where it should be - on our agenda.

Canadians should welcome an Obama presidency. It may force us to embrace the future, by regaining control over our own energy.

The U.S. Conference of Mayors, meeting in Miami this past week, approved a resolution calling on its members to ban the use of energy from unconventional sources because of its impact on the environment. This is strong evidence of the momentum gathering in the U.S. to stop buying oil from the tarsands. It is also a wakeup call to Canadians that we cannot bank on the tarsands and we need to have a long-term energy strategy that reflects the interests of citizens.

 In the meantime, the Canadian elites try to bully anyone who dares re-open NAFTA. They refuse to depart from their golden fantasyland and their party (The CONLibs) has successfully introduced new legislation that firmly pushes neocolonialism to new heights in Canada. Indeed, they need more temporary workers, from the most desperate of countries, to continue the dirty work of dismantling our environment and our future so that Canada Inc. can continue to live it up!

It is time for international solidarity among citizens and workers. It is time to trade in bullshit policies for true participatory democracy. It is also time for long-term planning that takes generations as its time frame and not the nanosecond impulse of 21st century capitalism.

And, mon dieu, it is time to kick the CONLibs to the curb. We hope you enjoyed the party; now, it's last call. Your good time is up.

Links:

'Bitten by the deal that once fed us' by Gordon Laxer, via The Globe and Mail

''U.S. Mayors Join Call for Ban on Oilsands-based Gasoline' via CBC

'A Nation of Carefully Selected Immigrants' by Maya Rolbin-Ghanie, including great photography that captures the disdain of Canada's Elites for those who dared to demand human rights (see above),  via The Dominion

Laying on the Ropes

Last weekend, at the Alberta NDP convention, there was talk of collaborating with other parties to develop opposition against the Big, Bad Conservative Party of Alberta. There was a lot of hallelujah-like-talk about sticking to values, but I heard little in the way of concrete strategy.

Labour parties must be prepared to lay into the ropes and take a beating. They weaken when they try to cater to the party in power, employing their opponent's rhetoric of "productivity" and "efficiency" to appeal to the masses. It is like a tired, desperate prize fighter who starts throwing aimless jabs because he has lost faith in the potential of his knock-out combination.

Recently, I have personally come under attack by supposed political allies. At first, I threw desperate punches like a novice. Now, I am laying on the ropes; I have been there before. I have taken physical beatings and emotional beatings and I'm one motherfucker who can't be brought to the ground.

I have also seen many opponents bring themselves down with their flailing and huffing and puffing. My K.O. combination is tight and I can take the beating for as long as I need to. Can you?

Go on and punch yourself out.

Malice in Mouseland?

Unfortunately, I have commitments to venture out into the physical world over the next few days - far, far away from the oh-so-comfortable world of Pollyland.

Tonight, I attended the opening of the Alberta NDP convention. Among the positives was listening to Thomas Mulcair, MP, who is the official spokesperson for the New Democratic Party in Quebec. He emphasized that the NDP was able to gain support in Quebec by emphasizing common values with the people, including opposition to the war in Afghanistan. He was passionate, funny, amiable, and a pleasure to listen to. Another pleasant surprise was found in the strong resolutions advanced by the youth caucus, including public ownership of the energy sector.

I also enjoyed watching a short film, animated to Tommy Douglas telling the political fable of Mouseland.

Let's hope that all NDPers can remember that we need to lay down the tools and blueprints of the felines if we're going to build a world fit for mice!!!