Urgent Open Letter to CUPE's President Paul Moist
An excerpt from CUPE's Equality Statement:
Union solidarity is based on the principle that union members are equal and deserve mutual respect at all levels. Any behaviour that creates conflict prevents us from working together to strengthen our union.
An excerpt CLC Policy Statement: Sexual Orientation
The labour movement must play a key role in promoting a vision of fairness, decency, and equality for all. Fighting all forms of discrimination is and must continue to be a major priority for us, in society, in the workplace, and in our own unions. The struggle for lesbian and gay rights is also an essential part of this work.
This is a sad story that challenges the very foundation of many social activist groups' core beliefs, the law of our land and the very core beliefs of union policy on all forms of discrimination criminal or otherwise.
On May 31st, 2005 I sent an email to CUPE School Steering Committee Chair and long time president of CUPE local 110 Terry Egan. (The complete email exchange can be found in the article Cupe Leader Threatens MFD Reformer.)
While the Canadian Union of Public Employees (CUPE) is Canada's largest union with more than half a million members, and while the membership is diverse, the union has a duty to represent the interests of all of its members.
If CUPE is firmly committed to the advancement of equality issues in our workplaces, our union, and in society at large, then CUPE must act on this issue and bring the actions of CUPE local 110 president before the CUPE National Executive Board at their June 22nd 2005 meeting.
In my opinion as a CUPE member and all around activist, CUPE local 110 president Terry Egan has violated both CUPE's Constitution and CUPE's Equality statement:
CUPE EQUALITY STATEMENT
Union solidarity is based on the principle that union members are equal and deserve mutual respect at all levels. Any behaviour that creates conflict prevents us from working together to strengthen our union.
As unionists, mutual respect, cooperation and understanding are our goals. We should neither condone nor tolerate behaviour that undermines the dignity or self-esteem of any individual or creates an intimidating, hostile or offensive environment.
Discriminatory speech or conduct which is racist, sexist, transphobic or homophobic hurts and thereby divides us. So too, does discrimination on the basis of ability, age, class, religion and ethnic origin.
Sometimes discrimination takes the form of harassment. Harassment means using real or perceived power to abuse, devalue or humiliate. Harassment should not be treated as a joke. The uneasiness and resentment that it creates are not feelings that help us grow as a union.
Discrimination and harassment focus on characteristics that make us different; and they reduce our capacity to work together on shared concerns such as decent wages, safe working conditions, and justice in the workplace, society and in our union.
CUPE's policies and practices must reflect our commitment to equality. Members, staff and elected officers must be mindful that all sisters and brothers deserve dignity, equality and respect.
It has been suggested by some that the actions of Terry Egan may have violated sections 264 and 265 of the Criminal Code of Canada:
- CRIMINAL CODE - Assaults
-
- Uttering threats
- 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
- to cause death or bodily harm to any person;
- to burn, destroy or damage real or personal property; or
- to kill, poison or injure an animal or bird that is the property of any person.
- Punishment
- (2) Every one who commits an offence under paragraph (1)(a) is guilty of
- an indictable offence and liable to imprisonment for a term not exceeding five years; or
- an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
- Idem
- (3) Every one who commits an offence under paragraph (1)(b) or (c)
- is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
- is guilty of an offence punishable on summary conviction.
- R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16.
- Assault
- 265.(1)A person commits an assault when
- without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
- he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
- while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
- Application
- (2)This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
- Consent
- (3)For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
- the application of force to the complainant or to a person other than the complainant;
- threats or fear of the application of force to the complainant or to a person other than the complainant;
- fraud; or
- the exercise of authority.
- Accused's belief as to consent
- (4)Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.
- R.S., c. C-34, s. 244; 1974-75-76, c. 93, s. 21; 1980-81-82-83, c. 125, s. 19.
The negative mental and physical health consequences exhibited by those who have experienced discrimination including this union reformer is overwhelming.
It is only by standing together against these forms of discrimination that unions and union members alike will succeed in creating the society we want for our children, our families, our friends, and even future union members.
Union members and reformers, as advocates of freedom of expression, implore you to take a stand against any and all forms of discrimination and harassment like the kind displayed by CUPE local 110 president Terry Egan.
The labour movement must play a key role in promoting a vision of fairness, decency, and equality for all. Fighting all forms of discrimination is and must continue to be a major priority for us, in society, in the workplace, and in our own unions.
Due to the severity of the situation, we trust that this "Taz loco" situation will be dealt with expeditiously by the CUPE National Executive and that they will conclude, it is hoped, with a resounding public message to our families, our workplaces, and our union that this type of conduct will not be tolerated whatsoever.
Fraternally,
about_unions at ufcw.net
A version of this open letter was sent via email to CUPE President Paul Moist on June 20th, 12:421PM. As of early June 23rd, 2005 no reply has been issued. If a reply should arrive we'll be sure to post it.