Quotulatiousness

August 9, 2010

Lovely little bit of legal legerdemain

Filed under: Cancon, Law — Tags: , , , , — Nicholas @ 09:44

Colby Cosh points out that Catch-22 was really a highly accurate predictor of Canadian law:

To put it another way, you can conceivably be tried for “participating in or contributing to” a criminal organization even if it didn’t get around to committing any crimes, you didn’t do anything to help it actually commit crimes, you didn’t know what particular crimes it might be thinking of committing, and you couldn’t possibly pick anybody else in the group out of a lineup.

This might seem to make things pretty easy for the police and the prosecutors. Nonsense! According to them, their job can never be easy enough. Like farmers and civil servants, they cease complaining only intermittently to inhale oxygen, and there is no shortage of Joint Multi-Level Integrated Discussion Committees before which they can retail their grievances.

[. . .]

Justice Minister Nicholson, in introducing the new schedule of patently less serious and mostly victimless “serious offences” on Wednesday, offered a dazzlingly simple heuristic: “The fact that an offence is committed by a criminal organization makes it a serious crime.” You will note that this introduces a curious logical circularity into our manner of upholding justice. How does the law define a “criminal organization”? See above: a criminal organization is a group of people that bands together to commit serious crimes. How do we know what a serious crime is? It’s any activity that is characteristic of criminal organizations. What, you thought Catch-22 was fiction?

July 9, 2010

Poll numbers understate unhappiness with police over G20

Filed under: Cancon, Law, Liberty — Tags: , , , , , , — Nicholas @ 18:11

Publius makes a very good point here:

The Greater Toronto Area holds a population of about 5.6 million, stretching from Burlington in the west to Oshawa in the East. The City of Toronto comprises less than half the total population, and less than one-tenth of the total land area. The summit, protests and general mayhem occurred in the downtown core, itself a small area of the City of Toronto. In the lands north of Bloor, west of Bathurst and East of the Don River, the summit meant traffic delays, not riot cops.

Travelling on the 400 series highways that weekend entailed some delays — much of the Gardiner Expressway was closed — and the most notable police presence was at highway interchanges and on / off ramps. Even for those who live in the City of Toronto itself, the vast majority saw the violence of the summit weekend on television. A large number of Torontonians had simply evacuated the City altogether, either to the suburbs to stay with relatives, or to cottage country. As a result, the images fixed in most Torontonians minds are of police cruisers burning — played again and again — and not of officers dragging middle aged men with prosthetic legs across city streets. As the stories of that weekend seep out, expect those poll numbers to change.

I was one of those who chose not to hang around in the city for the entire week leading up to the summit: I didn’t see the point in putting up with the delay and hassle. I still think it was a remarkably stupid idea to hold the G20 meetings in downtown Toronto, and that the police were handed a duff hand to play. But even given that, the police played their hand very badly.

There may or may not be a serious inquiry into the affair, but the police lost a lot of support between Friday night and Saturday night: letting the geeky nihilists get away with dramatic street theatre on national TV, then turning around and arresting innocent bystanders. It took remarkable effort to squander public support, but the police or the politicians directing the police managed to do it. Bureaucratic bipolar disorder isn’t pretty.

June 28, 2010

Running with the nihilists

Filed under: Media, Politics — Tags: , , , , , , , — Nicholas @ 12:13

Tony Keller walked with the main union-led protest marchers on Saturday, pointing out that there was no single, unifying principle — it was a “grievance smorgasbord, an all-you-can-eat buffet of complaints, and apparently anyone protesting anything — anything — was invited”. What interested him the most, however, were the “hobbits”:

Standing in front of Cafe Lettieri, which was still open and doing a booming business even as protesters were packed so tightly outside that they pressed up against its windows, I heard someone to my right say, “Black Bloc, meet up on Queen!”

I turned to see six hobbits in black hoodies shuffling past me. It was on. Whatever “it” was going to be.

[. . .]

And then the non-peaceful part of our program started. The crowd suddenly began to surge away from the police lines at Spadina and Richmond, and back onto Queen Street. We were now heading east, violently following the route the non-violent march had just taken. A mass of maybe 100 people in black hoodies and balaclavas was moving at almost a run, accompanied by several hundred journalists and riot tourists. Occasionally someone would dart out from the group to smash a window or spray paint a slogan: “Against Police Against Prisons,” “F– the Police,” “F- Corporate Rule.”

[. . .]

The hoodie people weren’t just small in number, they were also small in stature. A lot of skinny white boys. And white women. (Some skinny, some really not). They looked like the kind of people who spend a lot of time playing video games in their parents’ basements. Or the graduating class of an art college. They were not marauding toughs. More like marauding geeks. Geeks marauding in a spontaneous yet carefully choreographed manner.

There’s a point in most peoples’ lives when getting out and protesting seems like such a good idea. And then you graduate and get a job . . .

June 26, 2010

What other “secret laws” did they pass?

Filed under: Cancon, Government, Law, Liberty — Tags: , , , , , , — Nicholas @ 11:37

Much noise and confusion over the discovery of a recently passed law allowing police to arrest anyone who fails to show ID within 5 metres of a “public work”. The law itself isn’t new, but the secret was the silent addition of the area of the G20 meetings as a “public work” for the definition of that law. Hijinks ensue:

Police are now able to jail anyone who refuses to furnish identification and submit to a search while within five metres of a designated security zone in downtown Toronto.

Critics reacted furiously to the new rules, which remained unpublicized until Thursday when a 32 year-old man was arrested in Toronto for refusing to show ID to police.

New Democrat MPP Peter Kormos said Friday the provincial Liberals created a “Kafka-esque” situation where people could be arrested for violating rules they didn’t know existed.

“This is very very repugnant stuff and should be troubling to everybody,” he said.

The Canadian Civil Liberties Association (CCLA) said it was “extremely concerned” that the new measures violate constitutional safeguards.

I’m not a fan of violent protests, but I don’t believe the police need this additional tool in order to arrest people who attempt to breach the barricades or attack other people: this is granting too much arbitrary power to police officers. The way the power was granted is even more disturbing . . . it shows that the government knew there’d be an outcry if they did it in the public view, so they arranged it so that nobody would know about it in time to do anything about it. Nice work, Ontario, got any other nasty legal surprises you want to spring on us?

Update, 29 June: According to a report in the National Post, the Ontario government denies that there was any such regulatory change and that no arrests were made using the authority of this act.

May 20, 2010

QotD: Recruiting protesters for the G20 in Toronto

Filed under: Cancon, Media, Politics, Quotations — Tags: , , , , — Nicholas @ 17:07

Are you a woman, person of colour, indigenous person, poor person, queer, trans-gendered or disabled?

If so, the G8/G20 Toronto Community Mobilization team assumes you must sympathize with civic disruption, lawbreaking and maybe even a little good old fashioned terror. They want your help. They’re mobilizing to disrupt the gathering of democratically elected politicians who are meeting in Toronto next month and they assume — just because you’re a woman or a disabled person — that you must hate civilized society as much as they do.

That’s their logo, above.

The CN Tower, torn from its roots, used to stab the G20 like a knife in the heart. Gee, isn’t that inclusive, co-operative and non-violent. Hard to imagine anything more likely to attract widespread public support than an image like that. Hey, women and indiginous people, wanna stab some white guys? How about you, queers and indigenous people? Because we here at the Community Mobilization team take for granted that you must be as twisted, angry, vengeful and keening for violence as we are.

Kelly McParland, “Anti-G20 activists want your help in spreading the hate”, National Post, 2010-05-20

April 23, 2010

Senator McCain’s latest assault on “due process”

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 10:02

Whenever I think badly of President Obama (which is a pretty regular event), I have to remind myself that his main opponent in the 2008 US presidential campaign would have been even worse on civil liberties:

Senator John McCain (R-Ariz.) has introduced a bill that would allow the President to imprison an unlimited number of American citizens (as well as foreigners) indefinitely without trial. Known as The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, or S. 3081, the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.”

Even better, should someone manage to be released, the notion of “return to the battlefield” apparently includes exercising your freedom of speech:

[T]he U.S. military has officially classified many former Guantanamo detainees, such as England’s Tipton Three, as having “returned to the battlefield” for merely granting an interview for the movie The Road to Guantanamo. Another five innocent Uighur (Ethnic Turkish Muslims from China) detainees had been listed as having “returned to the battlefield” after their release because their lawyer had written an op-ed protesting their prolonged detention without trial after they had been mistakenly picked up by a greedy bounty hunter. Writing an opinion or speaking an opinion against the party in power in Washington can — and already has — made some people “enemy belligerents.”

So, thank goodness Senator McCain didn’t become president, even if it means putting up with Barack Obama for at least four years . . .

January 12, 2010

European Court of Human Rights may be good for something after all

Filed under: Britain, Europe, Law, Liberty — Tags: , — Nicholas @ 07:11

A twitter update from BBC News (titled, interestingly, “BREAKING NEWS – PLEASE CLONE”), links to this sure-to-be-updated report:

Stop-and-search powers ruled illegal by European court

Police powers to use terror laws to stop and search people without grounds for suspicion are illegal, the European Court of Human Rights has ruled.

The Strasbourg court has been hearing a case involving two people stopped near an arms fair in London in 2003.

[. . .]

Section 44 of the Terrorism Act 2000 allows the home secretary to authorise police to make random searches in certain circumstances.

But the European Court of Human Rights said the people’s rights under Article 8 of the European Convention on Human Rights had been violated.

The court said the stop and search powers were “not sufficiently circumscribed” and there were not “adequate legal safeguards against abuse”.

October 22, 2009

It’s not a clever satire

Filed under: Liberty, Media, USA — Tags: , , — Nicholas @ 07:58

John Dvorak thought that this was “meant to be satire or commentary (or is it?) on where London is heading with it’s multiple cameras on every street and where the former East Germany was. And were we could eventually go if we aren’t vigilant.” I don’t think so:

The link provided goes to the LAPD website. Creepy.

October 21, 2009

Can Twittering be sufficient cause for arrest?

Filed under: Law, Liberty — Tags: , , , , — Nicholas @ 12:07

Regardless of your opinions on the particular cause, the recent arrest of a protest organizer should cause concern. Harry A. Valetk looks at the case from a legal standpoint:

“SWAT teams rolling down 5th Ave. … Report received that police are nabbing anyone that looks like a protester. … Stay alert watch your friends!” Pennsylvania State Police arrested New York social worker Elliot Madison last month for being part of a group that posted messages like those on Twitter. The arrest took place in a Pittsburgh motel during protests at the Group of 20 summit. In all, almost 5,000 protesters demonstrated throughout the city during two days, and about 200 were arrested for disorderly conduct.

But Madison wasn’t among those protesting on the street. Instead, published reports say he was part of a behind-the-scenes communications team using Twitter to “direct others, specifically protesters of the G-20 summit, in order to avoid apprehension after a lawful order to disperse.” A week later, FBI agents spent 16 hours in Madison’s home executing a search warrant for evidence of federal anti-rioting law violations.

This isn’t, at least based on the initial reports, a criminal mastermind perpetrating some atrocity . . . this is someone trying to help others falling afoul of legal entanglement. If it turns out that he was attempting something that is clearly illegal, then the courts will sort it out — but that isn’t what appears to be the case here.

Presumably, officers believed that Madison violated this statute when he warned other protesters on Twitter about “impending” police apprehension. But this prohibition assumes that the warning is given to fugitives or others committing a crime. Can we make this broad assumption about an entire group of protesters? Not likely. And, even so, the statute specifically allows warnings to bring that individual into compliance with law (e.g., a motorist warning a speeder about a speed trap).

Still, it seems this arrest is really about speech — what you can say to others during a public protest. Can you warn others online by saying, “Hey, don’t go down that street because the police have issued an order to disperse”?

August 26, 2009

Gun-toting protests ineffective?

Filed under: Liberty, Politics — Tags: , , , — Nicholas @ 10:00

Megan McArdle points out that folks simultaneously exercising their freedom to assemble, freedom to petition for redress of grievance, and freedom to bear arms are not likely to succeed:

I think carrying guns to protests is entirely counterproductive. Indeed, I’m not sold on the general virtues of protesting, which worked for Gandhi and the civil rights marcher, but has a dismal track record on other concerns. But I think people have a perfect right to do it, including with guns, though I also think the secret service is within its rights to ensure that they don’t have a sight line on the president.

But the hysteria about them has been even more ludicrous. Numerous people claim to believe that this makes it likely, even certain, that someone will shoot at the president. This is very silly, because the president is not anywhere most of the gun-toting protesters, who have showed up at all sorts of events. It is, I suppose, more plausible to believe that they might take a shot at someone else. But not very plausible: the rate of crime associated with legal gun possession or carrying seems to be very low. Guns, it turn out, do not turn ordinary people into murderers. They make murderers more effective.

So perhaps unsurprisingly, when offered the opportunity to put some money down on the proposition that one of these firearms is soon going to be discharged at someone, they all decline.

I have to agree with Megan . . . when I saw the images of individuals attending the protests while openly carrying firearms, I thought it would have a negative effect on the undecided viewer. I’m in favour of all the freedoms: assembly, speech, bearing arms (not a freedom we enjoy in Canada, BTW), but this was an inappropriate time and place to exercise that last freedom. It makes the debate more murky, and allows people to characterize their opponents in ways totally unrelated to the issue being protested.

A political own-goal, as it were.

August 25, 2009

QotD: The Race War that Isn’t

Filed under: Liberty, Media, Quotations, USA — Tags: , — Nicholas @ 18:15

These are indeed “profoundly troubling” charges, which makes one wonder why they’re being bandied about with such flippant regard for historical plausibility.

The “jackboot” analogy, for starters, breaks down at the ankle: The footwear was favored by enforcers for totalitarian governments, not random Ron Paul supporters flashing Thomas Jefferson quotes outside political events. Weimar-era brownshirts were an organized Nazi paramilitary group perpetrating calculated violence against political opponents in a hyperinflationary, recently humiliated country that had never enjoyed liberal democracy; not a dozen-plus scattered gun nuts in one of the world’s oldest democracies peacably (if jarringly) exercising their Second Amendment rights by keeping their guns holstered (not “brandishing” them, as Rich and countless others have claimed). The last actual lynching in America, depending on who you ask, took place in 1981; the atrocious practice had been all but dead since the 1960s.

To fear the Weimarization of America, or the return of lynching, is to fundamentally lack confidence in the very real progress the United States has made over the past several decades. Conditions have improved exponentially even since the post-lynching 1980s, when I was coming of voting age. Back then there was still a politics to be had in bashing Martin Luther King, supporting apartheid South Africa, whipping up fears of black ultra-violence, and otherwise appealing openly to white resentment against blacks. It was gross, it was reckless, it led to terrible policies, and it was the reason I permanently swore off joining the Republican Party. It’s also largely an artifact of the past.

Matt Welch, “The Race War That Isn’t: Media anxieties over ‘lynch mobs’ and ‘brownshirts’ demonstrate a telling lack of faith in contemporary America”, Reason Online, 2009-08-25

Update, 27 August: Matt Welch posted a follow up to the article from which this QotD was abstracted. He writes: “The assertion that the Esquire piece was promoting the “racial-resentment” narrative was inaccurate, and I have corrected the article accordingly.”

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