Defend the rights our soldiers died for -
Defend the rights our soldiers died for -
Elizabeth James,
North Shore News
Published: Wednesday, November 04, 2009
The Torah teaches: ‘Justice, justice, you shall pursue’
Deuteronomy 16:20
Oy vey!
Why should North Shore readers get uptight about the tribulations of a 65-year-old Montreal taxi driver who is headed to court and to the Human Rights Commission, because he refuses to pay $1,400 in municipal fines?
Fair question, especially when we discover that he has ignored not one but six fines, the first of which dates back three years or more.
He has no-one to blame but himself, right?
We should care because, time and again, we have asked our soldiers to go to war to defend the Canadian and Quebec Charter rights of citizens to enjoy freedom of expression and of religion. Specific to this story, Canadian soldiers fought, and are still fighting and dying, to protect the rights of people like Arieh Perecowicz — a Canadian of the Jewish faith — should he wish to enjoy small mementoes of his family and faith in his workplace. Nothing in either charter — documents superior to those of bureaucratic bylaws — bans anyone from doing so.
The workplace Arieh speaks of just happens to be the taxi he drives around Montreal for 15 hours of the day.
It’s a case of common-sense justice.
To set the stage:
Arieh has been driving cab in Montreal since 1966; no troubles, no passenger complaints and, so far as I can discover, no tickets.
For most of those 43 years, he has carried with him two mezuzahs — tiny parchment prayers for a safe journey common to his faith. They are fixed to the frame between the front and back seats of the cab. He also carries photos of his wife and son, a blue and white Star of David, a Remembrance Day poppy and another tiny flag — the red and white Maple Leaf. These are the symbols of everything that makes Arieh the man he was, is, and wishes to be.
He treasures the symbol of Canada — a country that prides itself on being tolerant to all; a country that professes its belief in freedom of speech and religion and that, for one day every November, honours the veterans of past and present wars by wearing the poppy in its collective lapel.
How ironic, then, that this cabbie must go before a court and a tribunal to defend those rights all over again — in a province, no less, that has cost us dearly in its own constitutional struggles to be unique above all others in Canada.
This is because 30 years along Arieh’s travels, a municipal agency, the Bureau du Taxi, was established to administer the bylaws that cover licensing and safe operation of city taxicabs — and administer they did.
One of the city bylaws states: Every driver must ensure that the interior of the taxi is clean, remove papers and litter, empty ashtrays, and leave no object or inscription that is not required for the taxi to be in service or that is not provided for in this bylaw.
The loopholes for an officer’s subjective opinion are large enough to drive a bylaw van through; but this cabbie knew his taxi and his 43-year record were clean. He had been inspected on numerous occasions by both Transport Quebec officers and Bureau inspectors and passed with flying colours.
Arieh had no reason to worry about regulations until, in December 2006, the first of the tickets arrived — less than a week after he and several other drivers appeared on television to complain that the Bureau was failing to regulate unlicensed, out-of-city cab companies. Such a coincidence.
But who among us believes in the coincidences of government?
Why is it that, for example, drivers of Greek descent who display photos of the Virgin Mary, or others who hang rosary beads near their rear view mirror have received no tickets?
Arieh is in no position to hire a lawyer. So, after his court date has been set back six months to April 2010, Arieh must now defend himself against the power of Montreal bylaw officers, who have declared he has no right to be overt in the expression of his beliefs.
As Arieh explained in a weekend radio interview with CKNW host, Roy Green, “I am not especially religious; these tokens are just the stuff most of us have on our desks or pin to the cork-boards at work because they make our world a more pleasant place.
“None of my passengers has ever complained. Not about my driving; not about the condition or safety of my cab, and certainly not about my tokens.”
So to answer the question posed at the beginning of this story: Whether or not we are “especially religious,” for the sake of our country, and to honour the soldiers who defend it, we need to care; for inasmuch as it has been done unto Arieh Perecowicz, it has been done unto us all.
This column is in honour of all who have served, and are serving, in Canadian Forces around the world to defend the values we hold dear. It is also to offer condolences to the families of the 133 Canadian soldiers who have died in Afghanistan — most recently, Lt. Justin Garrett Boyes, 26 and Sapper Steven Marshall of Princess Patricia’s Light Infantry, both of whom lost their lives to IEDs within days of their deployment in October.
Elizabeth James is a North Shore writer and editor.
http://toyoufromfailinghands.blogspot.com/
http://toyoufromfailinghands.blogspot.com/2009/11/veterans-week-2009-and-remembrance-day.html
Veterans Affairs Canada
www.forces.gc.ca
http://www.vac-acc.gc.ca/remembers/sub.cfm?source=collections/poster
National Defence and the Canadian Forces
Diamond Taxi Veteran Driver Stories
Diamond Taxi Veteran Driver Stories














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Cabbie lost faith in system contests fines
Wednesday, May 07, 2008
Montreal Cabbie Files Human Rights Complaint Over Religious Items
Today’s Montreal Gazette reports that Montreal cabbie Arieh Perecowicz has filed a complaint with the Quebec Human Rights Commission challenging a Montreal Taxi Bureau bylaw that bans any “object or inscription that is not required for the taxi to be in service.” Perecowicz, who is Jewish, has two mezuzahs embedded in the posts between the front and rear seats of his cab. He also has photos of his daughter and the founder of the Chabad Lubavitch movement as well as a Remembrance Day poppy in the taxi. His complaint asks for $5,000 in damages, alleging that the Montreal bylaw infringes his freedom of expression as guaranteed by the Quebec Charter of Human Rights and Freedoms. Next month, Perecowicz will ask a Montreal municipal court judge to postpone ruling on his four citations– each fining him $191– for violating the Taxi Bureau bylaw until the Human Rights Commission rules in his case. Perecowicz suggests that the fines are related to his appearance on television with other drivers complaining that the Taxi Bureau was not enforcing its rules against unlicensed cabs.
Cabbie lost faith in system contests fines
Irwin Block, Montreal Gazette
Published: Wednesday, May 07
Montreal – A veteran Montreal cabbie who’s been fined a total of $764 for having photos of his daughter and the founder of the Chabad Lubavitch movement, two mezuzahs and a remembrance poppy in his car is going to court with a special request.
On June 9, Arieh Perecowicz will ask a Montreal Municipal Court judge to delay a ruling on his four tickets until the Quebec Human Rights Commission examines his complaint.
He is seeking $5,000 from the city of Montreal for a “discriminatory and unlawful” bylaw, saying it infringes on his freedom of expression, which is guaranteed in the Quebec Charter of Human Rights and Freedoms.
Perecowicz, who has been driving a taxi for 42 years, has been fined four times, at $191 a crack, by Montreal Taxi Bureau inspectors under Section 98 of the bylaw, which bans any “object or inscription that is not required for the taxi to be in service.”
He also questions the bureau’s motives, since the first fine, on Dec. 19, 2006, came days after he and other drivers went on local television stations to complain that the taxi bureau was not acting to curtail unlicensed cabs.
The taxi bureau did not respond to numerous requests for comment yesterday.
The bylaw was passed in June 2003, and Perecowicz says none of the roughly 40 drivers fined under this section were singled out for having family pictures or religious icons.
“The objects in my vehicle do not in any way diminish the rights of any passenger and do not interfere with the proper operation of my taxi,” he wrote to the human rights commission.
He says he has never had a complaint from any passenger.
Though he is not a religious person, he insists the small mezuzahs, embedded discreetly in the posts between front and rear seats, are there as a charm, along with a prayer for safety.
(Traditional Jews affix a mezuzah, containing a parchment with several prayers, in the doorway of their house, and in some cases beside every door.)
Perecowicz wrote to the rights commission that the photos, mezuzahs, and poppy “are integral to my identity both as a Jew, a father, and proud supporter of our Canadian veterans.”
Told about the fines, Rabbi Itchey Treitel, director of the Lubavitch-run Montreal Torah Centre, asked: “What, these guys have nothing better to do?”
Treitel said it is not unusual for a Jew to have a mezuzah in a car or even a private jet.
“It’s been an item of protection from days of old.”
Although not that common in cars, it can be seen by observant Jews as “a form of guidance and strength.”
“Some people keep it in the glove compartment; some will hang it near the door. I’ve seen it many times.”
Gregory Sitaras, president of Champlain Taxis, which has many drivers of Greek origin, noted that many have beads hanging from a mirror or small crucifixes on dashboards.
“Everybody has something like that, but it has to be small.”
Told about Perecowicz’s fines, Sitaras said: “I don’t know of anybody that got a fine because of that.
“The Bureau de Taxi should be looking for drivers who have no permits rather than mezuzahs. I would never punish a driver for that.”
In fact, he said taxi companies are pressuring the city to allow in-cab advertising, which would require an amendment to existing bylaws.
Nicole Marchand, secretary for Amicale Plus, which employs many drivers of Haitian origin, said many have a small Haitian flag or crucifix in their car.
Told about the fines issued to Perecowicz, she laughed.
“It’s stupid,” Marchand said.
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