The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Saturday, August 21, 2010

Man wins refugee status in Canada

A openly gay man who is married to his partner has won a bid for refugee status due to concerns his life may be in jeopardy if he is deported to his native Jamaica.

Marlon Cunningham, 45, who lives in Toronto, had his refugee case thrown out in September 2009 after a member of the immigration and refugee board failed to consider all the evidence at his hearing.

Cunningham filed an appeal to the Federal Court of Canada and was granted another hearing last week.

Justice Frederick Gibson said the IRB member didn’t consider information on the treatment of homosexuals in the Caribbean.

The member “erred in discounting reports of violence against homosexuals in Guyana,” Gibson said in his decision.

“The failure to consider relevant evidence would be sufficient to grant a judicial review,” he wrote.

Cunningham married a fellow Jamaican in July 2009 and is active in the Jamaican-Canadian community, court heard.

“He faces risk if returned to Jamaica,” Gibson wrote.

He said a failure to acknowledge new evidence or take it into account can lead to Cunningham facing “a personalized risk of persecution or a risk to his life.”

He faces “cruel and unusual treatment or punishment if returned to Jamaica,” the decision said.

The board has recognized that gay men and women are targeted in Jamaica.
ENDS

notes:
Some of the comments on the story's page from the Toronto Sun are not so kind however as many persons are critical of the immigration system in allowing LGBT persons refugee status.

Here are a few, please go the article for the full story plus comments:

Some comments include:

So what if he gay. He is not canadian so send him home. He knew about the treatment of "his kind" at home so too bad!!!!!!

Justified I suppose... so is the boat on its way with Tamel Tiger Terrorrists full of gay guy?
Canada..... open for whatever comes our way!

Is it only white Europeans that get grief and hassle trying to get into your country, after all we helped build your nation. Do you have to be gay or Jamican or Nigerian with a false passport or have HIV. There is thousands of skilled Europeans and law abiding immigrants trying to get to Canada but get treated like shit. After what happened with the Nigerian your immigration people should have been sacked, i wonder when the next innocent person gets killed because of your ass-holes in immigration!

Another shining example of our immigration system. Good thing the feds have tons of money to spend on scum like this. Canada is the sucker country of the world and every freak or criminal in the world knows it. How very Canadian.
Well, I guess the feds with have to give the queers a bit more money for queer fest next year now that there is one more. Just an absolute joke when there is so many deserving people all over the world who would love to come here and be part of Canada but you have to be queer or better still a Chinese thug to be allowed here.
Just another low class Jamician to come here and live off welfare and then kill someone and go to jail.

Canada. Door mat and Dumping ground for the world. You Canadians are mugs. Really mugs.

What a pile of bull sheet. They have got to be kidding. No wonder the refugee system is so screwed. So are we, we pay for this type of crap. This should be appealed, big time, and this scam artist held in detention until a decision is made.

If you are critical of Canadas immigration system, fine. If you fell like people abuse the refugee process, that's ok too. If you're upset about crime commited by Jamaicans in Canada, that's certainly an issue. But you cant use those reasons to pretend like Gays aren't spefically targeted, including by law enforcement. One imbecile said "Feb 1 2008 was the last reported incident involving homosexual prejudice". Did this fool know that homosexual acts are ILLEGAL in Jamaica, and punishable with prison sentances, and hard labor? You don't consider THAT homosexual prejudice?? You see, when people have to lie to make their point, it is because the truth won't suffice..........

So if I understand this, the The member “erred in discounting reports of violence against homosexuals in Guyana?" Wasn't this about a Jamaican refugee? He's born in Jamaica. What the hell does Guyana have to do with it? Perhaps the member erred in discounting reports of violence against homosexuals in Iran or any other country this guy doesn't live in. Sounds like someone was looking for any excuse to toss out Immigrations decision doesn't it. Hey,.....I want an inquiry!

You must be kidding. Now we are providing refugee status to a gay Jamaican?
Who will stop this madness?
Who will return the common sense to our Gov't?
He was gay before he got here. He was not the only gay man in Jamaica.
They may not be as "progressive" as Canada but why should that be a basis for allowing refugee status?
I just shake my head and wonder about who makes these dumbass decisions.
If he is not comfortable being gay in Jamaica, then apply to enter another country legally.
Canada must stop being the pasty of the international community.
Oh well, lets get ready for the ship of Sri Lankans off B.C.'s coast. Bet all will claim to be "gay" now.

It's the same old story claimed by every refugee trying to get into Canada; the land of milk and honey. If you send me back I will be persecuted by everyone, blah, blah, blah. How did these people manage to live 25, 30 or 40 years in seemingly robust health in a country that is now trying to kill them? It's very simple to concoct a story that can't be checked out and these applicants know this as do the lawyers and immigration consultants that coach these people. It is so simple to beat Canadian refugee laws these people just chuckle in disbelief. With our lax refugee system and people knowing they won't be turned away, who can blame them? A sucker is born every minute and thy name is Canada. Wait, the boat from Sri Lanka, everyone gets in.

"Dudley Do Right"....your an idiot. I bet you're some white idiot making an ignorant comment based on CRAP!!! Have you been to Jamaica? Have you seen first-hand how openly gay individuals are treated? I BET NOT!!! I HAD A FRIEND MURDERED IN DEC 09. House was set a blaze, tormented for months as he walked down the street, death threats to family......so please if your going to comment on anything...KNOW THAT FACTS!! HOMOSEXUALITY IS NOT ACCEPTED IN JAMAICA!! And the reason you don't hear about it is because it's not something they are going to broadcast to the media. Please tell me a story where you've heard of gay men being murdered in Toronto at the same rate as Jamaicans!!!!

Dudley Do Right originally commented -
What insanity! Our Immigration and Refugee Systems are totally broken. There is as much chance for a homosexual to experience violence in Jamaica as there is in Canada. The last reported attempt at violence in Jamaica, against homosexuals, occured February 1, 2008, where nobody got hurt except for their feelings.
Don't judges look up this information or do they just believe the word of the proponent for the refugee claim?

More comments from the piece go HERE

As for me I am not particularly interested in simply running away from Jamaica because someone makes a threat at me or even worse, we going to have to make up our minds, I have been outed publicly several years ago and even threatened several times but I chose not run down the underground railroad as an excuse to lef yaad. There is nowhere like home even if it is problematic but tell me where in world isn't?
One can live it down and come back again, I am living proof of that, I guess it's how mentally strong one is as well, so much so that I learnt over the years that many who hit out are merely hiding behind active homophobia their own struggle with their sexuality and percieved notions about male homosexuality in our context, so one hits out publicly then practices privately.

(trust mi, a nuff a dat a gwaan)

Over the years though many clients (JFLAG years) and friends I know leave mainly due to feeling a sense of security elsewhere and the cause of justice and equality is far more balanced than our jurisdiction has offered over the history of this nation although attitudes are painstakingly slow in changing. Of course where death threats are present in some cases the consideration is understandably stronger to relocate or sometimes they do not second guess to grasp the opportunity.

No offence to those who chose to leave and taking into account the differing views contending I do not see a reason to at this time to leave no matter what, stay the course and live it out to the end I say, not run away to someone else's country to face the kind of commentry as seen above, remember there are homophobes there too. Who will stay and fight, this issue of staying or leaving Jamaica because of homophobia and related issues has always had rigid a split with some persons otping to even go the route of martyrdom if required though that group is in the minority, there are however strong views on both sides.

Besides there aren't good men like a yaad men out there comically said by many as well who use that as a reason to stay. To each his own eh?

Peace and tolerance.

H
Labels: , , Posted by Unknown
at 12:16 PM

1 comments:

mark said...

I was rather shocked by these comments. It's not like he's the first gay Jamaican to seek asylum in Canada. Maybe, ignorant people are lumping the gay Jamaicans in with the criminal ones who are active in Toronto, and elsewhere.

August 21, 2010 at 8:32 PM

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Reminder

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Steps to take when confronted by the police & your rights compromised:


a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it

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CLICK HERE for a recording of the show

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What to Do .....




a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Notes on Bail & Court Appearance issues


If in doubt speak to your attorney

Bail and its importance -

If one is locked up then the following may apply:
Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime.

There are two standards that must be met:

1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight

Locked up and appearing in court

 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest

 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?

b) Are there any other charges that the police may place against the accused?

c) Is the accused likely to interfere with any witnesses?

d) What is the strength of the crown’s/prosecution’s case?

 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process

Human Rights Advocacy for GLBT Community Report 2009

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or Tel: 1-876-841-2923 (leave a message just in case)




Activities & Plans: ongoing and future

  • To continue this venture towards website development with an E-zine focus

  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • To formalise GLBTQ Jamaica's activities in the long term

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implemeting suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923
lgbtevent@gmail.com








Peace

Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law



Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.


John Maxwell's House

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