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ICJ: Occupation Illegal

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ICJ: Occupation Illegal 

(Photo by Abdullah Asiran/Anadolu Agency/Getty Images)

Part 2: Scope of the World Court advisory opinion

It was quite an eye-opener to learn the scope of the World Court’s July 19th ruling on the Israeli occupation of Palestinian territories. It is unfortunate that this ruling did not come a half century ago when the occupation began, but I attribute that to Israeli “exceptionalism”, which is what the world community has been applying to Israeli policies and practices for decades.

The standard response has been “It’s complicated”, and because there has been so little clarity and detailing of Israeli practices respecting the occupation, so much obfuscation, people have looked the other way. I did too, for many, many years, until 9/11 created the impulse to investigate its causes. The implicit and explicit message from the west has always been: “don’t compare Israel to other situations of oppression and inequality, or to universal principles such as equality under the law irrespective of race, religion, ethnicity, etc. You have to look at Israel differently because of the Holocaust, so therefore, park your principles of equality at the door.”

So now at last, the world’s highest court is indeed applying universally recognized principles of international law to the little rogue state, and its ruling is unequivocal. This is not a “conflict” where both sides have a “narrative” and both sides are entrenched and refuse to find peace. The Court has declared that it is a very long-standing illegal occupation which must end, and which state’s parties and the UN must endeavor to bring to an end as quickly as possible.

The Court stated that Israel’s policies and practices of:

  1. annexing land (East Jerusalem for starters)
  2. confiscation of Palestinian land & property
  3. exploitation of natural resources
  4. discriminatory legal regimes
  5. settlement/transfer of its own population into occupied territories
  6. restrictions on movement of Palestinians
  7. punitive demolition of Palestinian property in the West Bank & East Jerusalem
  8. frustration of the Palestinian right to self-determination
  9. violation of Palestinians’ economic, cultural and social rights
  10. racial segregation and apartheid (yes, it named it as such)

are all in violation of international law, including international humanitarian law and international human rights law.

The Court then very clearly set down the obligations of Israel, states parties and the UN in light of this ruling, which I will describe next week in a piece on implications. It will be a preliminary understanding of the implications from an observer; much more is to come from the UN which will help us absorb the immense scope of this advisory opinion.

“The UN and especially the General Assembly which requested this opinion, and the Security Council, should consider the precise modalities and further action required to bring to an end

as rapidly as possible the unlawful presence of the State of Israel in the occupied Palestinian territories” said the Court. The UN Commission on the oPt was mandated by the UN Human Rights Commission on 27 May, 2021. It brought the request to the UN General Assembly to seek an advisory opinion of the ICJ, which the UNGA approved in December, 2022. The Commission on the oPt will now report on the implications of this ruling, so we can expect a very specific and detailed report on what this looks like for the 193 countries, including Canada, who are automatically parties to the ICJ’s Statute under Article 93 of the UN Charter, by reason of being members of the United Nations. Canada has committed on the record to abide by ICJ decisions, and we will soon learn what our responsibilities will be in light of this very significant ruling.

(Next week: What are some implications of the ruling?)

The Wedding

The Wedding

What do you imagine

Our wedding to be.

Would it be on a gently hilled island,

Abounding with trees and sea.

Perhaps on a homestead,

Where two kindly elders,

Had coaxed the love and bounty

From the land.

Who welcomed our family and friends,

As if they were coming home.

There would be music and song,

In the warm afternoon sun.

Lights that dance from tree to tree,

As darkness nears.

Carpets and sofas,

Tucked in shady nooks,

To offer calm and respite,

Amidst celebrations domain.

I imagine you by my side,

Telling you of my love,

As you speak your heart,

To mine.

Our loved ones all gathered round,

We are held in their smiles,

Washed in their tears of joy.

I imagine dancing through the night,

The sky and wind and earth,

Whispering, sighing.

We dance and twirl,

Moving as one,

As we dance our dance,

Of love,

With so many.

coffee machine down

coffee machine down

a hot cuppa Joe

so creamy and slow

the day starts to flow

my ideas can grow 

 

morning brew calamity

inspiring insanity

I’m feeling the gravity

and revealing my vanity

 

I’ll pray to the gods

but I don’t like the odds 

these second rate frauds

can’t compare to my pods

thomas p. hunterson

Charter Denied: Compassion Club Ordered To Pay $3.2 Million

For Immediate Release

Tuesday August 6, 2024

Charter Denied: Compassion Club Ordered To Pay $3.2 Million

Victoria, B.C.: A Compliance Order from the Province of B.C. https://docs.google.com/document/d/1xR1ffSvZNkRORyAvz6Tl0h3JpsT4lGOmN92tflWCK_0/edit, has been issued to the Victoria Cannabis Buyers Club demanding the non-profit society pay a $3.2 million fine by September 6, 2024, though a similar fine against founder, Ted Smith, has been dropped.  The fines stem from raids conducted by the B.C. Solicitor General and Public Safety’s enforcement agency, the Community Safety Unit, on the VCBC in November 2019 and July 2020.  Lawyers Kirk Tousaw and Jack Lloyd will be challenging the Compliance Order, but that will not stop the CSU from having another written hearing to determine if the directors of the society will be held personally accountable for $3.2 million.

While legalization has been beneficial for the general public, those who fought for their right to use this medicine have been left with an inadequate medical cannabis program that has never allowed storefront access.  Patients continue to rely on the VCBC because limits on THC in edible products, restrictions on smoking lounges, high prices and the lack of information regarding the potential medical uses of cannabis products in recreational stores, are unacceptable. For these reasons, the 28 year old VCBC has defied the CSU and reopened after every raid, including a third raid in March 2023 for which a fine has not been issued yet.  Soon after that raid, Tousaw and Lloyd filed lawsuits and injunctions against both the provincial and federal governments, though no date for that hearing has been set.

In her decision, Deputy Director of the CSU, Meghan Oberg, acknowledges that, “I have no authority in this forum to evaluate the adequacy of the medical cannabis regime.”(section 83)  This is because the province amended the Cannabis Control and Licensing Act in November 2022 to add section 95.1, which removed the ability of defendants to argue constitutional matters.  Even though the fines were issued in January 2022 and appeals immediately filed, Deputy Director Oberg concluded that section 95.1 can still be applied to the hearing, effectively snubbing the Charter of Rights and Freedoms. (section 34)  B.C. is the only province where defendants cannot use the Charter of Rights and Freedoms in their defense if facing a cannabis-related administrative penalty.

There is little chance that the CSU administration will alter its decision after the VCBC files an Application for Reconsideration on September 6, 2024.  However, all avenues of appeal within the Solicitor General and Public Safety Ministry’s jurisdiction need to be explored before taking the matter to a federal court for a judicial review.  It is surprising that Deputy Director Oberg overturned her boss, Jamie Lipp, Executive Director and Director of the CSU, in his unprecedented attempt to essentially double-down on the fines by giving a second, equal fine to Ted Smith.  

Legalization would never have occurred if not for the Charter of Rights and Freedoms, as the proliferation of illegal medical dispensaries across the country eventually convinced the Liberals that the public was ready to accept cannabis as a legal commodity.  Patients have fought for improvements to the medical cannabis program for decades in court after forcing Health Canada to create it in 2001.  Since their inception, federal medical cannabis programs have failed to meet bare minimum constitutional standards and Health Canada has repeatedly lost in court.  For example, when the bakery of the VCBC was raided in 2009, Tousaw fought to the Supreme Court of Canada, where he won a unanimous decision that made edibles and concentrates available to patients, though Health Canada responded with an unacceptably low limit on THC.

Storefront access to medical cannabis should be a cornerstone feature of Health Canada’s programs. Instead, homeless, poor and elderly patients are being systematically excluded and forced to pay high prices for low dosage products at recreational stores that cannot give medical advice or provide a safe place to consume their medicine.  Recently the Legislative Review of the Cannabis Act: Final Report of the Expert Panel confirmed that,”…an important change to improve patient access to cannabis for medical purposes would be to allow patients to obtain cannabis products in-person from pharmacies.”(pg 68)  

Stripping constitutional rights from patients to streamline administrative proceedings is an affront to democracy.  Eventually this situation will get beyond the kangaroo court of Mike Farnworth, the Solicitor General and Minister of Public Safety, where a qualified judicial authority can rule on the many significant problems inherent in the federal and provincial government’s cannabis laws.  

For more information contact Ted Smith at 250-415-1063 or hellovcbc@gmail.com.

Letter to the Editor – Hersh Chernovsky

Chill Out Angry People – Be in the Moment

Fiddle with a yo-yo on an abbreviated string over an illusionary pot. I’m panning for gold in an altered state. Spin it musically off the chi between my knees. Spin dips, and scatters what spilled. A cloud of golden missiles sprinkles the counter. Putting in time? Imagination meditations are laughably easy.

Explore the mysteries of mental illness by poking at the fringes. With a final windy spin to challenge gravity, the middle finger holds the yo-yo up in a lubricated state of impermanent stasis. It’s its form of restitution, and it’s rehabilitation from rudeness.

Meditation isn’t a literal translation of reality. Hum into the thickened air. Add rhythms to the undertones. The dirt below the carpets disappears. If a chanted mantra can recreate an old illusion, a fresh one can revise a genetic belief in an ill fated illustration. I’m uneasy doing this in public. It never works.

=

Rays wash across furniture. Sunshine lands on a pot of yesterday’s freshly stewed coffee, atop a cold hotplate. The beam illuminates bits of bland goat cheese I bought to support the local goats.

Gaze about. What’s owned is basic and functional, with more than anyone should need. It’s okay to own stuff if it’s just stuff. Nor should a spiritual path necessitate giving away possession. Avoid dead ends stained by regrets. As such, what I wear is worn until it wears out.

With space to move about, let things be. Besides, this isn’t as messy as my imperfect kids’ bedrooms, with green furry clones stuffed in stashed lunch bags.

=

Books are as sacred as the words between the pages. Furniture holds them off the floor. Once I absorb the heart of a page, what knowledge or pleasure to be gained is gleaned. Then it’s just a possession. I recycle the books at the free story library. The brittle diaries stick around, as I never know when to add sweet calories.

A shopping list sits in an obvious space. Short-term memory fades with age. I forget something, until it becomes long. Sometimes it’s too long. That said, I’m not yet at that age where the aged think only of a past they’re growing away from, as they shrink with age. If at all. If they can.

The wood stove, with loose tempered glass, guarantees ash. In spring and fall yellow pollen bothers my eyes. Moving in, I scraped off the dusty carpets, and threw down throw rugs. That made them happy. Then I juggled various shapes of furniture into a pretence of anarchistic companionship.

=

The mementos from travel symbolize my reciprocity with life. The meaning of a few eludes me. But all of them provide comfort. Feng Shui responds to the negative aspects of clutter. But old fashion clutter is a familiar sculpture. It makes a home into a person.

Close my eyes and open my ears. A table of contents is covered in miscellaneous stuff. Otherwise, there’s a bent brass reading light by the affable madras chair, a dicey computer on a slivered slab, hanging candles and partial chimes, a webbed dream-catcher with glistening bugs, a thriving pregnant mother spider plant, and a Somali camel hair fly whisk  hanging off a yellow buckshot shot roadside sign displaying a severely peppered six-point buck.

There’s also an altar on a concrete brick, with the blank Buddha Chess board on top. The pieces come from the Buddha market in Bangkok. They go where they want. In Zen chess, with meanings in the confusion, it’s up to me to encourage reconciliations out of the accidental inter-dimensional shifts.

=

Open eyes. The scrabble board holds the last game in limbo. I lost to a woman with a longer vocabulary. The goddess knows more seven letter words. In rural life the fix was in for Yin to win. Alphabet magic, courtesy of the goddess. Didn’t lose by much. Would have won if I put stupid and idiot into words. But I dropped them from my vocabulary.

=

Stroke a housewarming gift from a spirit realm. Got it at an i Ching revival gala in a Romany eatery. It’s David’s mighty Biblical slingshot! Authentic, it reeks to high Heaven. The deck is pieced together with bilge beams from Noah’s miniature model Ark collection. The hull is made of dark bark off a bonsai tree, and magic mushroom mill ends

It guards the companion seed trays on the pallets. Prior to our truce, the trays nestled under the futon. Courtesy of the cat’s affections, the sides are scarred. Trespassing crows can’t ruin what sprouts indoors. Otherwise, Old Moron nails the buggers in crab apple cross fires. But if one of the scheduled apocalypses prematurely arrives, I’d starve. Give me a bow, and I’d bag a bag worth of branches.

=  

As a back to the land grower, I’ve a blistered green thumb for the garden, pyromania for the wood stove, foul language for the plumbing. The world springs forward/falls back in season. But I’ve no interest in clockworks. Time here stands still. And no locks. Possessions, like a life, are transitory.

Eyes rove with my itinerant body. Follow the patterns on the Star Wars bedspread hung on hooks, with a patchy Chewbacca duelling with a pigmy Godzilla, armed with wet mops and toreador capes.

Lace curtains cover a rubber doll’s cot, with quadriplegic Barbie in a tracksuit. Thalidomide Ken, in mean biker gear, dangles upside down in the rafters on a slinky, in a wheelchair. There’s the aerated DT (Donald T.) voodoo pincushion, bent bashed nails in pallets, orphaned appliances rescued from a pyramid of sidewalk junk, counter top results of a spilled mustard topping, and scrap remains of an experimental Tandoori penguin.

The crystal glass skull is gone. Blown smoke circulated in swirls. It was always thinking. Typical stoner. Hollow head. Neurotic, or car sick, depending on the vortex. Gifted it to an ego who loved it more.

Wealth only offers prettier things to be kept under plastic, synthetics to shut out noise, and for the ostentatious, servants to ignore. I’ve a similar resistance to cascading commercials. It helps that the local options are repetitive whinny redneck country blather, with the singer suffocating on the song, bland trendy whiny Indy crotch music for junior high virgins, creep out electrical Jazz that sounds like falling glass furniture, Blues in a bathroom, and techno in the filling of a flushed toilet bowl.

=

Outdoors, crows dance disco, while the ravens dance a sky ballet in the sky.

Indoors, the orange radio raised audible anarchy, before it broke. The imperfect green radio is stuck on the good news station. “No news is good news.” The red shell, turned on, has a nasal C&W rift from the Logjam Band: “Ah could smile. Had a joke on the tip o’ mah tongue that stretched fur a mile.” With a twang. Followed by the one about the gal who done him wrong. Cowpoke dials up the wrong number, and she’s never there.

Move the dial. Same guy. His AA nickname prison name puts him first on every list but love. Next station: “The Extenuated Thirty-Second Rap,” replete with page after page of disassociated thoughts. Followed by the singer who sings the blues about how to make a good friend into a rotten friend out of stale coffee. Glance up at the hot plate. Some songs sound better after the radio shuts up.

Jim

Denman Island Bullytin Board, and the Gaslighting of our Community

“You do it to yourself, you do, and that’s what really hurts.” Thom Yorke, Radiohead

Recently, there was yet another exercise in gaslighting the Denman Island community initiated by DIRCS Vice President and Barnacle contributor Chris Wardman, with slander and libel targeting The Islands Grapevine (TIG) on local social media. Wardman falsely blamed TIG for some offensive graffiti that was tagged on the new cement barriers near the Community Hall. Some other amateur “sleuths” piled on to the smears with even more false accusations. And once again, the Denman Island Bullytin Board “moderators” failed to uphold their own rules.

TIG has since been contacted by people describing their experience of receiving the “GRAPENews” stickers made by DIRCS President Eli Hason. Some of these were distributed by local player Megan Rose while she boasted of their origin. The intent of the stickers was to tar and feather TIG as a “FOXNews” right wing newspaper, when our regular contributors have an obvious liberal/left bias. It’s not only ideologically insulting, it mischaracterizes our principles relating to our editorial policies. Apparently, our letters to the editor have not been sufficiently censored for the tastes of the misguided cult that has targeted us. TIG has even printed letters to the editor critical of ourselves, and we unflinchingly support a free press.

Why the cowardice and anonymity, while they complain on social media and claim to be the victims of a campaign that they themselves have been covertly manipulating? At best, it is sophomoric and gutless, and at its worst, it’s legally actionable. They are constantly slandering a local proprietor, and it’s been going on for at least 18 months. We have the entire social media history screen-grabbed and documented, and we have witness accounts. Let them attempt to deny any of it.

These self described communitarians are projecting their own lack of integrity onto others, while perversely claiming their “altruism” and then clutching their pearls of victimhood on the Denman Island Bullytin Board. By gaslighting the Denman community, they have soiled their own reputations and whatever credibility they imagined they had, while only having themselves to blame for this exposure of their hypocritical antics. They need to apologize to the entire Denman community, and to TIG, for this publicly pathological nonsense they are putting everyone through.

It’s the most wonderful musical time of the year: Kaimerata returns to Denman Island

Kai Gleusteen and his group, the Kaimerata will be spoiling Denman Islanders with a Chamber Music Concert Series on August 8, 9 and 10, this year based on the life and music of Richard Strauss.  For those of you who don’t know who Kai is, Kai is an international award winning violinist as well as the concertmaster of the Orchestra de Gran Teatre del Liceu Symphony Orchestra in Barcelona, Spain.  Kai will be joined by his wife internationally renowned pianist Catherine Ordronneau, Beth Root Sandvoss on cello, Dan Scholz on viola, Philip Manning on violin and Tori Lindsay on violin.  In addition to Strauss there will be works by Erno von Dohnanyi, Ernest Chausson, Edvard Grieg and Gustav Mahler, all compositions written at the end of the 19th century, all brilliant and super expressive works.  Kai does have a trigger warning for those thinking of going to the concerts: beware; there may not be a dry eye in the hall after the concert.

Margaret and I always look forward to the return of Kaimerata in the same way kids look forward to Christmas. We are so spoiled by the opportunity to hear these live performances of classical music by internationally renowned musicians, right here at home on our little island! At each concert, the pieces to be performed are preceded by a few introductory words from Kai, to provide background and context for the musical selections-This helps a Neil Young fan like  myself to come away better appreciating the wonderful musical gift that Kaimerata is. Even for a seasoned classical musical concert goer like Margaret, there is always sublime music to be heard, and something new to be learned.  In the past, Margaret has been known to skip out of her medical practice in Northern Alberta and travel 3000 kilometres round trip to attend the Kaimerata concert series.

We also love how friendly and approachable the musicians are; where else can one sit in on rehearsals and enjoy engaging conversations with such accomplished musicians after each concert? We heartily encourage others to take advantage of this fabulous concert series and to be delighted by this annual musical gift to Denman Island. 

All concerts are in the Denman Community Hall. 

Thursday, August 8th concert: “Turn of the 20th Century”  at 7 pm

Friday, August 9th concert: “Hyper Romanticism” at 7 pm

Saturday, August 10th concert: “Exalted Expressionism!” is at 4 pm.

Tickets can be purchased individually for $25 per concert. A series pass for all three concerts is $70. Student tickets are $10 per concert.

For music aficionados there is a supporters pass available for $110. The pass comes with reserved seating and allows supporters access to all the rehearsals.

For more information on the concert series and to purchase tickets online please go to:
www.kaimerata.com

Tickets will also be for sale at Abraxas Books and Café, the General Store and at the door. No one will be turned away for a lack of funds.

Blessing the first Harvest

Sunday August 4th, 10:30 – 11:30 (come a little early if you want to help with creating an altar) at the Community Labyrinth located at the Denman Island United Church and Gathering Place 4575 Denman Rd (top of Big Hill).  

Lammas (Loaf Mass), Lughnasadh, is the ancient Celtic celebration of the first harvest. Falling at the beginning of August, midway between Summer Solstice and Fall Equinox, Lammas honours the first harvests of grain and the first loaves of bread made from it. As we celebrate this Old Way at our Community Labyrinth we will also be honouring the farmers, the food growers and food makers, the plants, the grains and the Elements which they combine and upon which their lives and ours depend. All life is Sacred.     

You may wish to bring something from your own garden, a little grain or seed or fruit, the name of a food producer whom you wish to honor, something for the collective altar representing the Elements of Life: Earth, Air, Fire, Water and Spirit.  You’ll know, and you will be welcome.  

All are welcome.  All spiritual paths, all genders.  

The Baird, Black & White Trio

The 18th annual Sonic Smorgasbord featuring the Baird, Black and White Trio is happening this Saturday night, August 3, at the Back Hall. With the imaginative Miles Black on piano, sax, flute, trumpet and maybe trombone, the inimitable Scott White on bass and the fearless percussionist, Roger Baird, the music of the spheres is the object. If you love music and are not encumbered by genres then you’ll be in good company and have an interesting time of it! Doors open at 7:30 and the music begins at 8 p.m. Tickets are available in advance at Abraxas Books and the General Store or at the door.