Chapters, Articles, Books by Catherine Morris
Slaw.ca, 2022
It takes four days for the public to turn away from news of a mass shooting in the United States ... more It takes four days for the public to turn away from news of a mass shooting in the United States (US). Within those four days, there will be up to eight more mass shootings and hundreds more gun-related deaths with little news coverage. Meanwhile, lack of effective laws and poor enforcement allow “crime guns” to filter through porous US borders to neighbouring countries.
After each mass shooting, gun control advocates demand that governments “do something.” US and Canadian legislators take piecemeal measures as they twist in hot winds of polarized uproar that pits “gun rights” against “gun control.” Strikingly missing is a focus on people’s right to life and security and other fundamental human rights guaranteed by international law.
Slaw.ca, 2022
Russia’s unlawful invasion of Ukraine has led the international community to respond with unprece... more Russia’s unlawful invasion of Ukraine has led the international community to respond with unprecedented speed and intensity. Reactions to this European conflict are in stark contrast with the lack of effective international action to halt ongoing atrocities in Myanmar, Afghanistan, China, and other places. The crisis in Ukraine has also brought to the foreground the limitations of international law and mechanisms to halt aggression and atrocity crimes.
This article summarizes recent attempts within United Nations (UN) bodies to halt the war and atrocities in Ukraine. Also considered are actions in the International Court of Justice (ICJ) and the International Criminal Court (ICC), as well as suggestions for an ad hoc criminal tribunal for the crime of aggression. The article concludes with a discussion of the Achilles heel of the UN Security Council (SC) – the veto power held by its five permanent members (P5), Russia, the United States (US), China, the United Kingdom (UK), and France.
The Advocate, 2021
“First they ignore you. Then they ridicule you. And then they attack you… And then they build mon... more “First they ignore you. Then they ridicule you. And then they attack you… And then they build monuments to you,” said US labour rights leader, Nicholas Klein, in 1918. A century later, this pattern of responses continues to impede the work of human rights advocates. Headlines are easily generated by extrajudicial killings, enforced disappearances, or jailing and torturing of advocates. These grave violations are often preceded by methods of silencing human rights defenders (defenders) that are more easily disregarded or forgotten. This report provides illustrations from the open files of Lawyers’ Rights Watch Canada (LRWC) that despite such attempts to halt the efforts of defenders, LRWC’s legal research, education and advocacy contributes to saved lives, restored liberty, or positive decisions and changes in laws, policies and practices.
The Advocate, 2021
Accusations of crimes against humanity, war crimes and genocide in Myanmar have made headlines si... more Accusations of crimes against humanity, war crimes and genocide in Myanmar have made headlines since 2017. Less attention has been paid to states and corporate actors that have abetted the perpetrators’ atrocity crimes through silence, propaganda, manipulation of laws, duplicitous diplomacy or outright collusion. Lots of words have appealed to the “rule of law” or “human rights”, but the people of Myanmar have needed more than words as they have pleaded for international help.
The Advocate, 2020
The independence and safety of lawyers are increasingly threatened around the world. Law... more The independence and safety of lawyers are increasingly threatened around the world. Lawyers in too many countries are vilified, criminalized, imprisoned, threatened, attacked or murdered simply for doing their lawful work of upholding their clients’ rights. In 2020, volunteers from Lawyers’ Rights Watch Canada (“LRWC”) are monitoring the situations of lawyers and other human rights defenders (“defenders”) in dozens of countries.
128-68, 2020
The text of Psalm 85:10-11 provides striking metaphors for the biblical concept of shalom: “Mer... more The text of Psalm 85:10-11 provides striking metaphors for the biblical concept of shalom: “Mercy and truth have met each other: justice and peace have kissed.” Accordingly, this essay proposes a framework for reconciliation that recognizes truth, justice, forgiveness and peace. The necessity of truth for gen-uine peace and reconciliation is singled out in light of some North American Christian leaders’ engagements with a “post-fact” world. Questions about truth are nothing new. When Jesus told Pilate that he came to testify to truth, Pilate is recorded as retorting: “What is truth?” (Jn 18:37-38). Have church people adopted Pilate’s approach by relegating truth into a postmodernist “black hole”? Have church leaders slipped into blind acceptance of Plato’s “noble lie” (sometimes known as propaganda)? Are churches endorsing bare-faced lies of the kind Augustine and Aquinas would decry? The essay explores contempo-rary concerns about truth and lies in light of biblical concepts and statements of Jesus. Drawing on examples from Cambodia, Rwanda, Canada,and the United States, the essay examines historic Christian church complicity with untruths that subvert reconciliation. The essay concludes with suggestions of ways for churches to engage with truths that foster reconciliation, including the tradition of prophetic lament.
More than two decades have passed since the Paris Peace Accords in 1991 launched “peacebuilding” ... more More than two decades have passed since the Paris Peace Accords in 1991 launched “peacebuilding” efforts in Cambodia. This term emphasized that peace processes must go beyond crisis intervention towards development of sustainable governance structures and institutions, including legal systems. Peacebuilding initiatives by the United Nations and foreign donors aimed at replacing violence and impunity with human rights and the “rule of law.” Cambodia’s colonial civil law system and traditional dispute resolution mechanisms had been eradicated during the Pol Pot regime. The decade of Vietnamese rule in the 1980s had entrenched centralized socialist-style governance and legal institutions. During the 1990s, the emphasis was on development of a liberal democracy, constitution and legal system. This chapter discusses results of liberal legal development efforts in Cambodia and examines the country’s constitution, international human rights framework, dispute resolution mechanisms, courts, legal profession and human rights organizations. Local movements for peaceful social change by Cambodia’s vigorous and youthful civil society provide a hopeful counterpoint to the patterns of manipulation and abuse of law by the country’s elites and the failures of foreign-led rule-of-law initiatives.
"Case Studies in Religion and Peacebuilding: Cambodia." In Religion and Peacebuilding, , edited by Harold Coward and Gordon Smith. Albany, New York: SUNY Press, 2004., 2004
Windsor YB Access Just., Jan 1, 1999
Acceptance of ADR in Canada has increased beyond what was ever imagined in the early 1980s. But h... more Acceptance of ADR in Canada has increased beyond what was ever imagined in the early 1980s. But has legal education fundamentally changed as a result of the success of the dispute resolution movement?
Rethinking disputes: The mediation alternative. Toronto …, Jan 1, 1997
Research in progress by Catherine Morris
The manifestation of religion or belief[1] has created flash-points of controversy in two dispute... more The manifestation of religion or belief[1] has created flash-points of controversy in two disputes considered by the Supreme Court of Canada in 2017. One is a conflict involving Canada’s right to equality and the prohibition of discrimination on the basis of sexual orientation, and the right to freedom of conscience and religion.[2] Another case involves the unsuccessful attempt of the Ktunaxa Nation to persuade the Supreme Court of Canada of the First Nation’s right to freedom to manifest the Nation's religion or belief in particular territories sought by developers for a ski resort.[3] These and other Canadian cases and associated scholarship concerning freedom of conscience and religion have been centred on the Canadian Charter of Rights and Freedoms(Charter)[4] with some references to international human rights law. This study aims to expand on this work by comparing Canadian case law and scholarship with Canada’s international human rights law obligations.
Papers, Reports by Catherine Morris
"The Right to Know Our Rights outlines the international law obligations on States to ensure that... more "The Right to Know Our Rights outlines the international law obligations on States to ensure that everyone has access to education and training about their international human rights so that they develop sufficient facility to use the treaties to advocate on behalf of themselves and others in their communities.
Essential human rights education includes learning about:
- substantive rights in international human rights treaties and other standards;
- mechanisms by which international human rights are enforced internationally and nationally — including in local courts and tribunals.
The 120-page report also assesses availability of international human rights education and training in BC and concludes that the province falls well-short of its obligations to ensure international human rights education and training. It was prepared by LRWC with support from the Law Foundation of British Columbia."
This paper examines legal and policies issues in British Columbia regarding arbitration of family... more This paper examines legal and policies issues in British Columbia regarding arbitration of family law disputes, including the use of arbitration as part of mediation processes (mediationarbitration). Included in the terms of reference are the applicability of the BC Commercial Arbitration Act to family law disputes, some practical and policy concerns relevant to family arbitration and mediation-arbitration, and several policy options.
Talks by Catherine Morris
Plenary presentation at "Bridging the Inequality Gap and Nurturing Quality of Democracy," 21st KP... more Plenary presentation at "Bridging the Inequality Gap and Nurturing Quality of Democracy," 21st KPI Annual Academic Congress, Bangkok, Thailand, 1 November 2019.
Panel Presentation, International Law Section of the BC Branch of the Canadian Bar Association, V... more Panel Presentation, International Law Section of the BC Branch of the Canadian Bar Association, Vancouver, BC, 8 March 2019.
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Chapters, Articles, Books by Catherine Morris
After each mass shooting, gun control advocates demand that governments “do something.” US and Canadian legislators take piecemeal measures as they twist in hot winds of polarized uproar that pits “gun rights” against “gun control.” Strikingly missing is a focus on people’s right to life and security and other fundamental human rights guaranteed by international law.
This article summarizes recent attempts within United Nations (UN) bodies to halt the war and atrocities in Ukraine. Also considered are actions in the International Court of Justice (ICJ) and the International Criminal Court (ICC), as well as suggestions for an ad hoc criminal tribunal for the crime of aggression. The article concludes with a discussion of the Achilles heel of the UN Security Council (SC) – the veto power held by its five permanent members (P5), Russia, the United States (US), China, the United Kingdom (UK), and France.
Research in progress by Catherine Morris
Papers, Reports by Catherine Morris
Essential human rights education includes learning about:
- substantive rights in international human rights treaties and other standards;
- mechanisms by which international human rights are enforced internationally and nationally — including in local courts and tribunals.
The 120-page report also assesses availability of international human rights education and training in BC and concludes that the province falls well-short of its obligations to ensure international human rights education and training. It was prepared by LRWC with support from the Law Foundation of British Columbia."
Talks by Catherine Morris
After each mass shooting, gun control advocates demand that governments “do something.” US and Canadian legislators take piecemeal measures as they twist in hot winds of polarized uproar that pits “gun rights” against “gun control.” Strikingly missing is a focus on people’s right to life and security and other fundamental human rights guaranteed by international law.
This article summarizes recent attempts within United Nations (UN) bodies to halt the war and atrocities in Ukraine. Also considered are actions in the International Court of Justice (ICJ) and the International Criminal Court (ICC), as well as suggestions for an ad hoc criminal tribunal for the crime of aggression. The article concludes with a discussion of the Achilles heel of the UN Security Council (SC) – the veto power held by its five permanent members (P5), Russia, the United States (US), China, the United Kingdom (UK), and France.
Essential human rights education includes learning about:
- substantive rights in international human rights treaties and other standards;
- mechanisms by which international human rights are enforced internationally and nationally — including in local courts and tribunals.
The 120-page report also assesses availability of international human rights education and training in BC and concludes that the province falls well-short of its obligations to ensure international human rights education and training. It was prepared by LRWC with support from the Law Foundation of British Columbia."
These cases provide windows into the morass of everyday violations against Chinese human rights advocates ensnared within China’s legal system. They also provide glimpses into some of the ways China flexes its international muscles to sustain its impunity for rights violations, including atrocity crimes.
This year marks the 30th anniversary of the UN Basic Principles on the Role of Lawyers, which recognize the importance of ensuring access to justice by protecting the rights of lawyers to provide independent legal representation without “persecution and improper restrictions….” In 1990 the UN General Assembly welcomed the Basic Principles by consensus, yet in many countries lawyers are increasingly at risk.
This report summarizes LRWC’s 2020 interventions at the UN with emphasis on the grim plight of human rights lawyers and defenders in the Philippines, Turkey, and China. The COVID-19 pandemic has intensified rights violations around the world, creating greater urgency for LRWC and other non-governmental organizations (NGOs) to engage with the Council through video and online participation.
In the 4 June 2017 local commune elections, seven million people, more than 85 per cent of registered voters, peacefully turned out to elect 12,000 representatives in 1,646 communities around the country. Observers found some noticeable irregularities, but in comparison with past elections, the polls went ‘smoothly.’ Yet the commune elections were no harbinger of peace. For months during the run up to the elections, long-ruling Prime Minister Hun Sen and his Cambodian People’s Party (CPP) demonstrated a long-familiar pattern of violent threats and deployed another potent weapon – the law.