By William Miller
Impunity Watch Reporter, North America

MONTREAL, Canada – The Montreal Human Rights Tribunal awarded a Filipino family a $17,000 judgment against Lalande School in Montreal where their child attended the second grade. The Tribunal held that the school employees discriminated against eleven year old Luc Cagadoc when they criticized him for eating habits common to his culture.

Luc Cagadoc typically eats his food by using a fork and spoon to break it up. This practice is common among those of Filipino decent. Luc Cagadoc was repeatedly reprimanded by a lunch monitor for this practice during second grade.

Martine Bertrand, a lunch monitor at Lalande School repeatedly told the child that he ate like a pig and forced him to eat lunch by himself. Luc’s mother, Maria Gallardo, attempted to reason with Bertrand, telling her that the practice was common in Filipino culture, but was unable to reach a compromise. Bertrand later asked Luc if washing hands was a common practice in his culture when he forgot to on one occasion.

Ms. Gallardo also tried to reason with the school’s principal Norman Bergerson, but was again dismissed. Bergerson told her that her son needed to learn to eat like a Canadian. Ms. Gallardo then received a letter telling her that she could not return to the school.

Ms. Gallardo filed a complaint with the Human Rights Commission in 2008. The Human Rights Commission typically reviews cases before they are sent to the Tribunal. The Montreal Human Rights commission initially rejected the complaint saying that it was an isolated incident and that the child was disciplined for his table manners rather than for his cultural practices.

In March 2009, Ms. Gallardo filed a complaint with the Montreal Human Rights Tribunal. In some cases Canadians may file directly with the tribunal if they are rejected by the Commission. The Commission decided it would hear the case last fall. They issued their ruling early last week.

The Commission held that the situation was handled poorly and that the school subjected Luc to social isolation and anxiety for his traditional practices. They ordered the school board, Bergerson, and Bertrand to each pay $5,000. Bergerson was ordered to pay an extra $2,000 for lack of remorse.

Although Ms. Gallardo originally sought $24,000, she has said that she was happy with the judgment. “As a mother I am still hurting, but still seeing my little boy proudly eating with spoon and fork gives me a great pride for my heritage,” Ms. Gallardo said.

The school board has not said whether they intend to appeal the decision. They have thirty days to file an appeal.

For more information, please see:

Vancouver Sun – Montreal Family Wins Human Rights Ruling About Eating Like a Pig – 24 April 2010

CBC – Eating Habits Dispute Leads to Damage Award – 23 April 2010

CTV – Filipino Canadian Student Wins Human Rights Case – 23 April 2010

By Stephen Kopko

Impunity Watch Reporter, North America

ARIZONA, United States-Today, the state of Arizona passed the United States’ strictest immigration law.  Under great pressure from a primary opponent, Governor Jan Brewer signed the legislation which will take effect 90 days after the current legislative session is complete.  President Obama rebuked the law in a speech at the White House today.

The Arizona law is the strictest immigration law in the United States. Entitled SB 1070, the law was sponsored by State Senator Russell Pearce.  According to the legislation, immigrants are required to carry proper immigration and identification documents at all times.  If a person is found without documentation, he or she will be charged with a misdemeanor crime.  It also grants police officers the authority to detain people they reasonably believe are in the United States without proper documentation.  The police are required to check with federal officials to determine if a person has proper immigration documents.

Governor Brewer pledged that the new law would not violate citizens’ constitutional rights.  She believes that the law is a compromise that helps Arizona deal with the problem of undocumented immigrants while balancing people’s liberty interests.  She stated; “I will not tolerate racial discrimination or racial profiling in Arizona.”

Arizona lawmakers believed they needed to take action because of the federal government’s failure to pass immigration reform.  Governor Brewer stated that Arizona has been “more than patient waiting for Washington to act.”  Also, Senator Pearce said that those who oppose the legislation were “against law enforcement, our citizens, and the rule of law.”

Before the legislation was signed into law, President Obama expressed his thoughts on it during a speech before members of the United States armed forces.  President Obama stated that the new law threatens to “undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that is so crucial to keeping us safe.”  The President also has instructed the Justice Department to assess the legality of the new law. He also called upon Congress to pass immigration reform at the federal level.  Harry Reid, majority leader of the United States Senate, stated that an immigration reform proposal may be before the Senate after Memorial Day.

For more information, please see:

FOX News-Arizona Immigration Enforcement Law Spurs Obama Criticism-23 April 2010

MSNBC-Ariz. governor signs immigration bill into law-23 April 2010

NY Times-U.S’s Toughest Immigration Law Is Signed in Arizona-23 April 2010