Quotulatiousness

June 4, 2013

LCBO intransigence triggers constitutional challenge

Filed under: Bureaucracy, Business, Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 11:02

This is kinda fascinating:

What started out as a simple privacy commissioner complaint has turned into a constitutional challenge of the validity of the Liquor Control Board of Ontario (LCBO) — and this time the Board has only itself to blame for the brouhaha, proving once again that Ontario’s LCBO is so far out of touch with the realities of today’s world, it’s downright scary. At a time when they should be thinking about transitioning out of the alcohol business, the Ontario provincial government and the LCBO seem to be clinging to its very existence with even more tenacity and verve than before. They’re like the old boxer clinging to past glories who just has to show you the right hook he can still throw — yet only ends up throwing out his shoulder. In the LCBO’s case, the word “Control” won’t be pried away from its “cold dead hands” anytime soon… or will it? In its most recent fight, the LCBO is proving it is a government entity most in need of being on the chopping block — if not the auction block — of government institutions that should be moved over to the private sector.

[. . .]

Why the LCBO has chosen to play hardball over such a trivial matter is incomprehensible; according to reports, the LCBO has decided to appeal the order and has asked that the records be sealed in the process. This seems to contravene common sense. “A government entity has chosen to spend hundreds of thousands of taxpayers’ dollars to fight an order by the Privacy Commissioner whose sole purpose is to make these decisions,” Porter says.

Now fed up with the collection of information, Porter and his team have decided to question the entire existence of the LCBO as it contravenes the Constitution Act of 1867 by challenging the Importation of Intoxicating Liquors Act (IILA) itself — which bans the free flow of goods (including alcohol, wine and beer) between the provinces. The argument hinges on Section 121: “All articles of Growth, Produce or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” This challenge could, and would if successful, lead to the downfall of the LCBO. Social networks were abuzz with the news about the challenge. Alfred Wirth, president and director at HNW Management Inc., applauded the news on Facebook: “Any progress towards competition among merchandisers is to be appreciated – even if it’s for domestically-produced products. Several years ago, when I questioned why Ontario couldn’t privatize the LCBO, the then Minister of Health said that alcoholic beverages were a crucial health matter which the province had to control. Despite the risk of people (including underage youth) freezing to death during our cold Ontario winters, he did not explain why the sale of crucial winter coats could be entrusted to Sears, the Bay, etc…” While Porter himself posted an analogy to cigarettes: “How about this one. Cigarettes are so dangerous that you cannot advertise them on TV, print, billboards or even display them behind a counter… but they can be sold at any store. Alcohol is so dangerous that it has to be sold at a government store with specially-trained people… but the government itself floods the market with advertising and even publishes a free magazine where 50 per cent of the content is about consuming the product.”

Energy lawyer Ian Blue has joined the Vin de Garde team for the action. I interviewed Blue in 2010 about the IILA, which is now under fire. Here’s what Blue had to say: “The law that gives provincial liquor commissions a monopoly and the power they have, is federal law, the Importation of Intoxicating Liquors Act; it’s highly arguable that the law is unconstitutional. It’s also pretty apparent to government constitutional lawyers, who are knowledgeable in these matters… [If the Supreme Court of Canada] takes a hard look at the IILA, and if they do an intellectually honest interpretation, the IILA probably cannot stand up to constitutional scrutiny.”

In 2009, lawyer Schwisberg commented to me when speaking about the IILA: “The very underpinning of Canada’s liquor regulatory system is unconstitutional. Isn’t that a mind blower?” Blue said: “There is nothing natural or logical about the existing system. It bullies, fleeces and frustrates wine producers and the public… If the IILA were to fall… wine producers could probably make quantum leaps of progress towards a fairer and more rational system of liquor and wine distribution in Canada.”

Sanandaji – Sweden’s problem is too many libertarians

Filed under: Europe, Politics — Tags: , , , , — Nicholas @ 09:40

Okay, that headline is unfair, but Tino Sanandaji does go out of his way to include the vast hordes of notoriously dogmatic and highly influential Swedish libertarians as part of the problem triggering the recent riots:

While immigrant unemployment is high, recent unrest can hardly be blamed on austerity. Successive governments have poured billions into problem areas in public investments, with limited success. In addition to free health care and other services, a family of four in Sweden is entitled to around $3,000 in welfare benefits each month. Last year, every middle-school pupil in one of Husby’s public schools received a brand-new iPad. (A total of 2,300 tablets have been distributed to local schools.)

Nor is Islam the cause of the riots. Radical Islamism is a problem, but it’s not related to this unrest. Most rioters appeared to be secular, even atheist. Some were Christian Assyrians. Frankly, most young immigrants in Sweden today do not care much about Islam. A far more potent influence than Islam on the Swedish ghetto is American gangster rap.

[. . .]

Making matters worse, multiculturalism morally privileges Third World cultures over Western culture. It preaches a modern version of original sin, damning Western civilization for historical crimes such as colonialism and racism. Much of public discourse today is devoted to endlessly reciting the historic crimes of the West. The problem with this discourse is not that the West is innocent of these crimes; it is not. The problem is that the blame-the-West interpretation of world history is one-sided. Endlessly recounting Western crimes against humanity while ignoring similar crimes committed by non-Westerners creates a dark and biased image of Western civilization. Meanwhile, the West’s contributions to humanity — such as democracy, the scientific revolution, human rights, and the industrial revolution — are downplayed or falsely credited to other cultures.

Resentment toward the West makes integration harder. Immigrants learn — and make use of — the message of victimhood, which fosters hostility toward their host society. And claiming victim status is appealing from a psychological perspective, as it confers moral superiority. Immigrants who wish to integrate and adopt a Swedish identity are accused of “acting white” or being “an Uncle Tom.” The latter is not a translation from Swedish; the American phrase “Uncle Tom” is the actual term of abuse.

In the face of this litany of crimes, Swedes have developed a deep sense of collective guilt and consequently lack the cultural self-confidence to integrate immigrants. The former leader of the Social Democratic opposition famously stated: “I believe that this is why Swedes are jealous of immigrants. You have a culture, an identity, a history, something that binds you together. What do we have? We have Midsummer’s Eve and other lame things.” Not to be outdone in the department of self-abasement, the current right-of-center prime minister added: “The fundamentally Swedish is merely barbarism. The rest of development has come from outside.” Note that this fierce hostility toward Swedish culture does not originate with Muslim immigrants; it comes from Swedish elites, including liberals to the left and libertarians to the right (there are no conservatives in Sweden). Swedish libertarians are, if possible, even more militantly hostile toward Sweden as a nation-state and to the very notion of patriotism.

While I’m sure that Swedish libertarians exist, I have to say that they’ve managed to stay pretty carefully out of my view.

High Noon for patent trolls

Filed under: Business, Law, USA — Tags: , , , , — Nicholas @ 09:17

At Techdirt, Mike Masnick has some very good news:

Back in February, we were a bit surprised during President Obama’s “Fireside Hangout” when he appeared to speak out against patent trolls. Historically, most politicians had always tiptoed around the issue, in part because the pharma industry seems to view any attack on patent trolls as an existential threat — and, frankly, because some small time patent holders can also make a lot of noise. However, it’s become exceptionally clear that there’s political will to take on patent trolls. We’ve noted five different patent law bills introduced in Congress, all targeting patent trolls in one form or another.

And now, it’s been reported that President Obama is going to come out strongly against patent trolling, directing the USPTO and others to fix certain issues, while also asking Congress to pass further laws to deal with patent trolling. The President will flat out note that patent trolls represent a “drain on the American economy.” The announcement will directly say that “patent trolls” (yes, they use the phrase) are a problem, while also talking about the problem of patent thickets like the infamous “smartphone wars.”

The plan is scheduled to be released later today, but we’ve got a preview of the specific plan, and let’s take a look at each of the suggestions quickly. I’m sure we’ll be discussing the concepts in much more detail for the near future. The plan is split into two different parts: legislative actions (i.e., asking Congress to do something) and executive actions (i.e., ordering administration agencies/departments to do things). Let’s start with the executive actions, since those are likely to have the more immediate impact.

This is excellent news, at least for anyone not currently working as a patent lawyer for one of the trolls…

Finland’s cardboard box babies

Filed under: Europe, Health, History — Tags: , , , — Nicholas @ 08:56

An interesting bit of history on the BBC News website:

It’s a tradition that dates back to the 1930s and it’s designed to give all children in Finland, no matter what background they’re from, an equal start in life.

The maternity package — a gift from the government — is available to all expectant mothers.

It contains bodysuits, a sleeping bag, outdoor gear, bathing products for the baby, as well as nappies, bedding and a small mattress.

With the mattress in the bottom, the box becomes a baby’s first bed. Many children, from all social backgrounds, have their first naps within the safety of the box’s four cardboard walls.

Mothers have a choice between taking the box, or a cash grant, currently set at 140 euros, but 95% opt for the box as it’s worth much more.

The tradition dates back to 1938. To begin with, the scheme was only available to families on low incomes, but that changed in 1949.

“Not only was it offered to all mothers-to-be but new legislation meant in order to get the grant, or maternity box, they had to visit a doctor or municipal pre-natal clinic before their fourth month of pregnancy,” says Heidi Liesivesi, who works at Kela — the Social Insurance Institution of Finland.

So the box provided mothers with what they needed to look after their baby, but it also helped steer pregnant women into the arms of the doctors and nurses of Finland’s nascent welfare state.

In the 1930s Finland was a poor country and infant mortality was high — 65 out of 1,000 babies died. But the figures improved rapidly in the decades that followed.

Email issues

Filed under: Administrivia, Personal — Tags: — Nicholas @ 07:43

I’d just sent an email to Jon, my former virtual landlord, thanking him for sending me the last item I posted when my email client UI was replaced with this:

Yahoo mail outage

So, if you are expecting me to respond to an email, it may be a while before I can do that…

Marx for the modern era

Filed under: Economics, History, Politics, USA — Tags: , , , , — Nicholas @ 07:33

A case for finding the proper modern interpretation of the works of Karl Marx:

The first view (held mostly by its detractors) is that Marxism is little more than the politics of resentment — a philosophical justification for the hatred of success by those who failed to achieve it. The politics of resentment offers three different methods for bringing its program of economic jealousy to fruition: Under socialism, the unsuccessful use the power of government to forcibly extract wealth and possessions from the successful, bit by bit until there is nothing left; under the more extreme communism, the very notion of wealth or success is eliminated entirely, and anyone who seeks individual achievement is punished or eliminated; and finally under anarchy, freelance predators would be allowed to steal or destroy any existing wealth or possessions with no interference from the state. Marx himself saw pure communism as the ultimate goal, with socialism as a necessary precursor, and perhaps just an occasional dash of anarchy to ignite the revolutionary fires.

But there is another, more intriguing and less noxious, view of Marxist thought that gets less attention these days because its anachronistic roots in the Industrial Revolution seemingly render it somewhat irrelevant to modern economics. Marx posited that factory workers should own the factory themselves and profit from its output, since they’e the ones actually doing the work — and the wealthy fat cat “capitalists” should be booted out of the director’s office since they don’t really do anything except profit from other people’s labor. Marx generalized this notion to “The workers should control the means of production,” and then extended it further to a national scale by declaring that the overall government itself should be “a dictatorship of the proletariat,” with “proletariat” defined in this context as “someone who actually works for a living.” The problem with this theory in the 21st century is that very few people actually work in factories anymore due to exponential improvements in automation and efficiency, and fewer still produce handicrafts, and the vast majority of American “workers” these days don’t actually create anything tangible. Even so, there is an attractive populist rationality to this aspect of Marxism that appeals to everyone’s sense of fairness — even to those who staunchly reject the rest of communist theory. Those who do the work should reap the benefits and control the system; hard to argue with that.

Although the “factory” is no longer the basic building block of the American economy, Marx’s notion that “The workers should control the means of production” can be rescued and made freshly relevant if it is re-interpreted in a contemporary American context.

H/T to Jon, my former virtual landlord, for the link.

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