Quotulatiousness

August 19, 2022

Why Quebec rejected the American Revolution

Conrad Black outlines the journey of the French colony of New France through the British conquest to the (amazing to the Americans) decision to stay under British control rather than join the breakaway American colonies in 1776:

Civil rights were not a burning issue when Canada was primarily the French colony of New France. The purpose of New France was entirely commercial and essentially based upon the fur trade until Jean Talon created industries that made New France self-sufficient. And to raise the population he imported 1,000 nubile young French women, and today approximately seven million French Canadians and Franco-Americans are descended from them. Only at this point, about 75 years after it was founded, did New France develop a rudimentary legal and judicial framework.

Eighty years later, when the British captured Québec City and Montréal in the Seven Years’ War, a gentle form of British military rule ensued. A small English-speaking population arose, chiefly composed of commercial sharpers from the American colonies claiming to be performing a useful service but, in fact, exploiting the French Canadians. Colonel James Murray became the first English civil governor of Québec in 1764. A Royal proclamation had foreseen an assembly to govern Québec, but this was complicated by the fact that at the time British law excluded any Roman Catholic from voting for or being a member of any such assembly, and accordingly the approximately 500 English-speaking merchants in Québec demanded an assembly since they would be the sole members of it. Murray liked the French Canadians and despised the American interlopers as scoundrels. He wrote: “In general they are the most immoral collection of men I ever knew.” He described the French of Québec as: “a frugal, industrious, moral race of men who (greatly appreciate) the mild treatment they have received from the King’s officers”. Instead of facilitating creation of an assembly that would just be a group of émigré New England hustlers and plunderers, Murray created a governor’s council which functioned as a sort of legislature and packed it with his supporters, and sympathizers of the French Canadians.

The greedy American merchants of Montréal and Québec had enough influence with the board of trade in London, a cabinet office, to have Murray recalled in 1766 for his pro-French attitudes. He was a victim of his support for the civil rights of his subjects, but was replaced by a like-minded governor, the very talented Sir Guy Carleton, [later he became] Lord Dorchester. Murray and Carleton had both been close comrades of General Wolfe. […]

The British had doubled their national debt in the Seven Years’ War and the largest expenses were incurred in expelling the French from Canada at the urgent request of the principal American agent in London, Benjamin Franklin. As the Americans were the most prosperous of all British citizens, the British naturally thought it appropriate that the Americans should pay the Stamp Tax that their British cousins were already paying. The French Canadians had no objection to the Stamp Tax, even though it paid for the expulsion of France from Canada.

As Murray and Carleton foresaw, the British were not able to collect that tax from the Americans; British soldiers would be little motivated to fight their American kinfolk, and now that the Americans didn’t have a neighboring French presence to worry them, they could certainly be tempted to revolt and would be very hard to suppress. As Murray and Carleton also foresaw, the only chance the British would have of retaining Canada and preventing the French Canadians from rallying to the Americans would be if the British crown became symbolic in the mind of French Canada with the survival of the French language and culture and religion. Carleton concluded that to retain Québec’s loyalty, Britain would have to make itself the protector of the culture, the religion, and also the civil law of the French Canadians. From what little they had seen of it, the French Canadians much preferred the British to the French criminal law. In pre-revolutionary France there was no doctrine of habeas corpus and the authorities routinely tortured suspects.

In a historically very significant act, Carleton effectively wrote up the assurances that he thought would be necessary to retain the loyalty of the colony. He wanted to recruit French-speaking officials from among the colonists to give them as much self-government as possible while judiciously feeding the population a worrisome specter of assimilation at the hands of a tidal wave of American officials and commercial hustlers in the event of an American takeover of Canada.

After four years of lobbying non-stop in London, Carleton gained adoption of the Québec Act, which contained the guaranties he thought necessary to satisfy French Canada. He returned to a grateful Québec in 1774. The knotty issue of an assembly, which Québec had never had and was not clamoring for, was ducked, and authority was vested in a governor with an executive and legislative Council of 17 to 23 members chosen by the governor.

Conveniently, the liberality accorded the Roman Catholic Church was furiously attacked by the Americans who in their revolutionary Continental Congress reviled it as “a bloodthirsty, idolatrous, and hypocritical creed … a religion which flooded England with blood, and spread hypocrisy, murder, persecution, and revolt into all parts of the world”. The American revolutionaries produced a bombastic summary of what the French-Canadians ought to do and told them that Americans were grievously moved by their degradation, but warned them that if they did not rally to the American colours they would be henceforth regarded as “inveterate enemies”. This incendiary polemic was translated, printed, and posted throughout the former New France, by the Catholic Church and the British government, acting together. The clergy of the province almost unanimously condemned the American agitation as xenophobic and sectarian incitements to hate and needless bloodshed.

Carleton astounded the French-Canadians, who were accustomed to the graft and embezzlement of French governors, by not taking any payment for his service as governor. It was entirely because of the enlightened policy of Murray and Carleton and Carleton’s skill and persistence as a lobbyist in the corridors of Westminster, that the civil and cultural rights of the great majority of Canadians 250 years ago were conserved. The Americans when they did proclaim the revolution in 1775 and officially in the Declaration of Independence on July 4, 1776, made the British position in Canada somewhat easier by their virulent hostility to Catholicism, and to the French generally.

August 18, 2022

MAID in Canada

Filed under: Cancon, Health, Law — Tags: , , , — Nicholas @ 05:00

In The Critic, Ben Woodfinden discusses the maple-flavoured slippery slope we’re gaining speed on: what’s known as “Medical Assistance In Dying (MAID)”:

Toronto General Hospital in 2005.
Photo via Wikimedia Commons.

Canada is widely seen as one of the world’s most progressive nations in the world, “leading the way” (depending on where you stand) on a variety of social issues. But in recent months, Canada has been garnering some less than savoury international attention because of the dark side of one of its recent progressive accomplishments, namely the assisted suicide regime that has been created since the Supreme Court struck down prohibitions on assisted suicide in 2015. The tragic situation that has developed in Canada offers a warning to Britain and other countries considering going down a similar path, both to be cautious about opening the assisted suicide floodgates and about empowering judges to decide whether such things should be allowed.

When Canada’s enlightened judicial philsopher kings and queens overturned criminal prohibitions on assisted suicide in Carter v. Canada, they overturned their own precedent. In 1993 a majority of the Supreme Court found that the criminal code provisions that prohibited assisted suicide did not ultimately violate the Canadian Charter. In 2015 the Court changed its mind. The law didn’t change, of course, but the court decided that “the matrix of legislative and social facts” surrounding the case had changed. Thus the interpretation of constitutional rights must change with them.

Plenty of the same people who were outraged that the United States Supreme Court would overturn precedent on seminal abortion decisions, seemingly had no problem with the overturning of precedent in this Canadian case. This is because implicit in the view of rights and judicial review that many progressives hold, is that it is perfectly acceptable to overturn precedent in the name of expanding or establishing some newly discovered right — but once this is done, the debate is settled and there can be no reasonable dissent or change of heart. History, it seems, only marches in one direction.

An important part of the Carter decision, where the court determined that relevant social facts had changed, was essentially a blithe dismissal of exactly what has come to pass in Canada less than a decade after the decision. The court rejected the concern that once assisted suicide was allowed in some rare cases, there would be a “slippery slope” from helping terminally ill people end their lives, to a system in which vulnerable people like the disabled were caught in a euthanising net.

Evidence presented in the case by a medical expert from Belgium that this might be possible, was dismissed by the court because “the permissive regime in Belgium is the product of a very different medico-legal culture”. Unlike those barbaric Belgians, enlightened Canada could avoid sliding down this slippery slope in which safeguards are easily gotten around. They would avoid the creeping expansion of eligibility by setting up a “carefully regulated scheme” that would keep its application narrow and exceptional.

Spoiler: No. No, we didn’t.

July 16, 2022

A viable … conservative … party in Quebec? Isn’t that somewhere in Revelations?

Filed under: Cancon, History, Politics — Tags: , , , — Nicholas @ 03:00

In the free-to-cheapskates portion of a Paul Wells column on the unlikely and certainly unpredicted rise of a conservative party in Quebec, he points out just how ephemeral such parties have been in the past:

My Big Book of Columnists’ Clichés tells me I should call Duhaime the leader of Quebec’s “upstart” Conservative party, but if we’re being accurate here, it hasn’t really upstarted yet. Or maybe it keeps upstarting and then unstarting. Quebec had a Parti conservateur in the 19th and early 20th centuries, under whose banner eight premiers were elected. Maurice Duplessis essentially shut it down in the 1930s when he formed the Union Nationale. There was a Parti conservateur for a minute in the mid-60s, to no great effect. And there’s been a Parti conservateur since 2009.

The latest party’s impact on electoral politics so far has been negligible. It won less than 1.5% of the vote in 2018, the year Legault’s amorphous populist-nationalist Coalition Avenir Québec (CAQ) swept to power. It’s never elected a member to the National Assembly. For the past year, its only MNA has been a woman who got booted from Legault’s party for, uh, contributing to Duhaime’s.

But things have been getting weird in Quebec this year. An Angus Reid Institute poll last week put Duhaime’s upstart party (see how easy it is?) in second place, well behind Legault’s CAQ but ahead of the historic Liberal and PQ parties and the urban social democrats in Québec Solidaire.

The Quebec Conservatives are, in fact, the leading party among male voters age 18-34 and 35-54. They’re not nearly as competitive among young women or among older voters in general. Duhaime would need his vote to keep growing, and not just a little, to have any chance of winning an election. Frankly he’s likelier to win zero seats, and perhaps likeliest to win somewhere between zero and a dozen.

But the party has already gone from 500 memberships to 60,000 since Duhaime, a former Ottawa political staffer (Bloc Québécois, then Canadian Alliance) and Quebec City talk-radio host, became its leader in 2021. That’s three times as many memberships as the CAQ had when Legault became premier.

Duhaime is working on something, a discourse starkly different from Legault’s and also different, in important ways, from the recent positions of the federal Conservatives. He’s against vaccine restrictions — but he’s been careful not to associate with truck convoy protesters. He’s against Legault’s new French language law, Bill 96. Not because it’s mean to anglophones, although Duhaime is making at least a modest attempt to appeal to conservative anglophone voters, but because the law makes blanket use of the Constitution’s “notwithstanding” clause to sidestep Charter rights. Duhaime says no government should curtail rights so easily. He wants a great big dose of private for-profit health care.

After two years of legislation by order-in-council and intermittent curfews and the most sweeping use of the notwithstanding clause in 40 years, Legault’s Premier-knows-best shtick has opened up room on his libertarian right. Enough room for a solid competitor? Duhaime himself shrugged when I asked him, during a brief chat after the parking-lot scrum.

“We might win this,” he said. “We might get zero seats. On est la ‘wild card’ de la gang.”

June 8, 2022

With the ACLU no longer fit for purpose, FIRE steps up to protect freedom of speech on and off the campus

Filed under: Education, Liberty, Media, USA — Tags: , , , , — Nicholas @ 03:00

Matt Taibbi talks to Nico Perrino about the Foundation for Individual Rights in Education (FIRE) moving beyond protecting free speech for university students to protecting those rights for all Americans:

After years of planning, the Foundation for Individual Rights in Education, better known as FIRE, announced a major expansion Monday, moving “beyond college campuses to protect free speech — for all Americans”.

FIRE was the brainchild of University of Pennsylvania history professor Alan Charles Kors and Boston civil liberties lawyer Harvey A. Silverglate, who co-authored the 1999 book, The Shadow University: The Betrayal of Liberty on America’s Campuses. To the modern reader the book reads like a collection of eccentric cases of students and teachers caught up in speech code issues, most (but not all) being conservative.

To take just one of countless nut-bar examples, Kors and Silverglate told the story of a professor in San Bernardino reprimanded for violating sexual harassment policies because, among other things, “he assigns provocative essays such as Jonathan Swift’s ‘A Modest Proposal'”, as the court case later put it. This was apparently the “cannibalism” portion of the accusation that he delved into such subjects as “obscenity, cannibalism, and consensual sex with children”.

The book triggered such an overwhelming number of responses from other faculty members and students that the pair decided to set up an organization to defend people who found themselves in tricky speech controversies on campuses. They soon found they had plenty of work and, by 2022, enough of a mandate to expand beyond colleges and universities into America at large. According to FIRE CEO Greg Lukianoff, as quoted in a Politico story, the group has already raised over $28 million toward a $75 million “litigation, opinion research and public education campaign aimed at boosting and solidifying support for free-speech values”.

As noted in another story I put out today, FIRE will be doing a lot of stepping into a role semi-vacated by the American Civil Liberties Union. I spoke with Nico Perrino of FIRE, producer and co-director of the excellent documentary about former ACLU chief Ira Glasser (see review here), to ask what the expansion would entail …

June 6, 2022

“I ask, sir, what is the militia? It is the whole people except for a few public officials”

Filed under: Government, History, Military, USA — Tags: , , , , — Nicholas @ 05:00

George Mason, quoted in the title of this post, had a very expansive view of the US militia. Most Americans of the day did not seem to share this view, as Chris Bray explains:

How Congress may have visualized the individual minutemen who would compose the militia of the United States after 1792.
Postcard image of French’s Concord Minuteman statue via Wikimedia Commons.

In the second Militia Act of 1792, Congress defined a uniform militia in all of the states:

    That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia … That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball … and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.

So, by federal law, every military-age white male in the country (except men who were exempted by the states, like clergymen) had to report to the local militia commander to be enrolled in their local company, and had to own a long list of equipment, and had to show up to train with that equipment when ordered.

They mostly didn’t. For decades, states reported their militia enrollment to the War Department, and it sometimes appeared that some states, by trying really hard, sometimes almost made it to something in the neighborhood of half participation. In 1826, the Barbour Board — named after Secretary of War James Barbour — evaluated the unmistakable failure of the federally defined uniform militia, and suggested trying again with a smaller group of select militiamen. The board’s report was universally ignored, because by 1826 the federal government, like, couldn’t even: Everyone knew the model of widely shared militia service had failed.

Historians have usually described the failure of universal white male militia service in the early republic as a top-down policy blunder in which political leaders didn’t try hard enough to make the thing work. But a marginal historian named Chris Bray, in a dissertation that generated no excitement of any kind in academia, argued that the universal white male militia obligation was doomed by something else: widespread irritation and popular resistance. The militia obligation reached into the lives of militiamen in ways they didn’t expect and wouldn’t tolerate, so they stopped showing up.

There are many different ways to tell this story, but let’s do it quickly.

May 6, 2022

“Canadians might not know their constitutional history or even the text of the Charter, but they know in their bones that these orders were unconstitutional”

Long before the Freedom Convoy protests earlier this year, I’d been somewhat skeptical of the value of the Canadian Charter of Rights and Freedoms — not that I thought it was a bad thing to have a clear enumeration of Canadians’ rights, but in the degree to which those rights could be ignored or abrogated whenever the government found it convenient to do so. The invocation of the Emergencies Act proved that lacking strong and effective absolute rights, the Charter was merely a bit of tissue paper. In The Line, Josh Dehass shows he’s not as cynical as I am about the value of the Charter and provides some history predating the current document:

In a Boston courtroom in 1761, lawyer James Otis Jr. made one of the most consequential legal arguments of all time.

Otis was challenging the legality of “writs of assistance”, a form of general warrant giving unfettered discretion to customs agents to force their way into people’s homes to search for and seize smuggled goods, and to require the “assistance” of bystanders.

“It appears to me (may it please your honours) the worst instrument of arbitrary power, the most destructive of English liberty, and the fundamental principles of the constitution, that ever was found in an English law-book,” Otis inveighed.

John Adams later described that day in court as “the first scene of the first Act of opposition to the Arbitrary claims of Great Britain. Then and there the Child Independence was born. Every Man of an immense crowded Audience appeared to me to go away, as I did, ready to take Arms against Writs of Assistants.”

This hard-won right to be secure against unreasonable searches and seizures, affirmed by Section 8 of the Canadian Charter of Rights and Freedoms, is the reason so many of us felt queasy about the Emergency Economic Measures ordered by the Liberal cabinet under the Emergencies Act in February to quell the trucker protests. Canadians might not know their constitutional history or even the text of the Charter, but they know in their bones that these orders were unconstitutional.

The emergency measures required financial institutions to search their records for customers suspected of “directly or indirectly” engaging in a “public assembly that may reasonably be expected to lead to a breach of the peace”, or “directly or indirectly” using their money to facilitate such protests, and then seize their accounts.

That’s a classic general warrant, a writ of assistance in fact, enlisting banks to help King Trudeau and Queen Freeland hunt down their political enemies without going before a judge to prove reasonable grounds that a specific offence had been committed by a specific person. Section 8 is designed to keep us secure against unreasonable searches and seizures by the executive, and the only way for individuals to maintain this security is by requiring specific warrants from an independent judiciary, barring exigent circumstances.

This profound assault on our section 8 right will hopefully be raised during Justice Paul Rouleau’s inquiry into the use of the Emergencies Act, despite Trudeau’s attempt to focus the inquiry on the truckers themselves. Even if section 8 doesn’t get examined during the inquiry, the Canadian Civil Liberties Association expects to raise it in Federal Court if they’re successful in convincing a judge to review the decision to declare the protests a national emergency.

I don’t expect anything useful to come out of this inquiry process, otherwise Trudeau wouldn’t have let it get started in the first place.

April 4, 2022

QotD: Freedom

Filed under: Liberty, Quotations — Tags: , — Nicholas @ 01:00

A man is not free because he’s permitted to vote for his political masters. The subjects of the late, unlamented Soviet Union enjoyed that “right”. So did the subjects of Saddam Hussein.

A man is not free because some portion of his earnings is still his to spend on a variety of attractive goods. Not if the government can punish him for choosing goods it has not approved.

A man is not free because the long arm of the law has not yet descended on his neck. That’s more properly called a stay of execution.

A man is free if, and only if, he has the unchallenged right to do as he damned well pleases with his life, his property, and with any other responsible, consenting adult, provided only that he respects the equal freedom of all other men.

Francis W. Porretto, “No Law Abridging”, Eternity Road, 2004-09-13.

March 16, 2022

Canada’s rejection of the rules of a “free and democratic society” under Justin Trudeau

Filed under: Cancon, Government, Liberty — Tags: , , , — Nicholas @ 05:00

We’re now a month past the day that marked when Justin Trudeau’s government stopped even paying lip service to the Canadian Charter of Rights and Freedoms, as Madeline Weld points out:

It is noteworthy that in the aforementioned Munk Debate in which the leaders of the three major national parties – Conservative, Liberal, and NDP – butted heads, that Trudeau declared in praising the legacy of his father, Pierre Elliott Trudeau:

    First and foremost is the Charter of Rights and Freedoms, which has defined Canada as a country that stands up for individual rights, even against governments who want to take those away.

Fast forward to 2021, and those rights are no more. When it comes to getting vaccinated for Covid, it’s get the jab or get lost. Far from standing up for individual rights, Justin Trudeau’s government is snatching them away and redefining them as privileges that the government will deign to give back once a person has obeyed its edict and gotten jabbed. In August of that year, he announced that his government, if re-elected, would spend a billion dollars to help provinces create their own vaccine passports for domestic use. Trudeau also said he wouldn’t force anyone to get a Covid shot but would restrict the “privileges” of those who refuse to get one without a medical reason (which is so narrowly defined as to make it almost impossible to get an exemption). So, per Trudeau, people were free to “choose” to get the jab or lose their “privileges” of holding a job and earning a living, going to “non-essential” venues like restaurants, gyms, and theatres, and traveling on planes, trains or cruise ships. No “force” to see here, folks, move along.

So much for “standing up for individual rights, even against governments who want to take those away.” The current government’s edicts on forced vaccination violate the right to “security of the person” as defined under Section 7 of the Charter and the concept of “informed consent” as understood both in Canadian law and the United Nations’ Nuremberg Code. The Nuremberg Code was created following the Nuremberg trials of Nazi officials who conducted medical experiments on prisoners. Given that the current vaccines, employing a novel technology of mRNA encased in lipid nanoparticles or DNA carried in an adenovirus, are being used only under emergency Interim Orders, people who have them injected into their bodies, whether willingly or for fear of losing their newly defined “privileges” of holding a job, earning a living, and participating in society, are indeed participating in a medical experiment. But regardless of the state of development of the vaccines, no one should be subjected to a medical treatment they don’t want.

Trudeau did not hide his contempt for the unvaccinated during his election campaign of 2021. In a campaign speech on September 1st, he referred to a nearby group of protesters as “anti-vaxxers”. Emphasizing the importance of vaccine passports, he said the federal government would pay for “the development of those privileges that you get once you get vaccinated”. “Everyone needs to get vaccinated, and THOSE PEOPLE,” he said, turning around and pointing at the demonstrators, “are putting us all at risk.” (“The science” – to use the current phrase – concerning Covid infections does not bear him out, but that’s another discussion.) Trudeau then contemptuously refers to his Conservative opponent Erin O’Toole as “siding with THEM” as he pointed backward with his thumb. He dismisses O’Toole’s expressed concerns about “personal choice”. “What about my choice to keep my kids safe?” He berates O’Toole, “You need to condemn those people; you need to correct them.”

Had Harper referred to terrorists or terrorist wannabes as “THOSE PEOPLE” during that Munk Debate in 2015 and said they needed to be condemned and corrected, Trudeau would no doubt have given him an earful. In fact, Trudeau is remarkably reluctant to condemn terrorists. Following the beheading of Paris school teacher Samuel Paty by a Muslim incensed that Paty had shown the Danish Mohammad cartoons in his class while discussing free speech, Trudeau said, “We will always defend freedom of expression … But freedom of expression is not without limits … In a pluralist, diverse and respectful society like ours, we owe it to ourselves to be aware of the impact of our words, of our actions on others, particularly these communities and populations who still experience a great deal of discrimination.” He said not a word about needing to “condemn” and “correct” people who kill when they’ve been offended.

But when it comes to expressing his opinions about those who decline to be injected with an experimental mRNA or DNA product, Trudeau does not seem much concerned about the impact of his words on others. For example, on a French-language TV program in September 2021, Trudeau claims that many vaccine-decliners are racist and misogynist and wonders if they should even be tolerated. Such was his diatribe that People’s Party of Canada leader Maxime Bernier tweeted a video titled “Psychopathe fasciste” (fascist psychopath).

H/T to Robert at SDA for the link.

Update: Doh! Forgot to provide the URL for Robert’s post.

March 14, 2022

“Mister, we could use a man like Herbert Hoover Warren Harding again …”

Filed under: Economics, Government, History, USA — Tags: , , , , , , — Nicholas @ 03:00

Kind words for the oft-maligned 29th president of the United States? Daniel J. Mitchell is all over it:

Warren G. Harding, 14 June 1920.
Library of Congress control number 2016828156

Today, we’re going to celebrate the fiscal achievements of Warren Harding.

Most notably, as illustrated by this chart based on OMB data, he presided over a period of remarkable spending discipline.

Harding also launched very big — and very effective — reductions in tax rates.

And his agenda of less government and lower tax rates helped bring about a quick end to a massive economic downturn (unlike the big-government policies of Hoover and Roosevelt, which deepened and lengthened the Great Depression).

In an article for National Review last year, Kyle Smith praised President Harding’s economic stewardship.

    In a moment of national crisis, Warren G. Harding restored the economic health of the United States … America in 1921 was in a state of crisis, reeling from the worst recession in half a century, the most severe deflationary spiral on record … Unemployment, it is now estimated, stood somewhere between 8.7 and 11.7 percent as returning soldiers inflated the size of the working-age population.

    Between 1919 and August of 1921 the Dow Jones average plummeted 47 percent. Harding’s response to this emergency was largely to let the cycle play out … The recession ended in mid-year, and boom times followed. Harding and Congress cut federal spending nearly in half, from 6.5 percent of GDP to 3.5 percent. The top tax rate came down from 73 percent to 25, and the tax base broadened. Unemployment came down to an estimated 2 to 4 percent … Harding was a smashing success in a historically important role as the anti-Wilson: He restored a classically liberal, rights-focused, limited government, and deserves immense credit for the economic boom that kicked off in his first year and continued throughout the rest of the 1920s.

Smith’s article also praises Harding for reversing some of Woodrow Wilson’s most odious policies, such as racial discrimination and imprisoning political opponents (Wilson also had a terrible record on economic issues).

Of course, Harding’s term is much more often remembered for the scandals, and as most modern historians are far more interested in Woodrow Wilson’s bold progressivism they almost always decry Harding and then Coolidge for dismantling a lot of Wilson’s more enthusiastic progressive projects. Even H.L. Mencken — very much not a Wilson fan — found Harding to be not to his taste in turn:

On the question of the logical content of Dr. Harding’s harangue of last Friday, I do not presume to have views … But when it comes to the style of the great man’s discourse, I can speak with … somewhat more competence, for I have earned most of my livelihood for twenty years past by translating the bad English of a multitude of authors into measurably better English. Thus qualified professionally, I rise to pay my small tribute to Dr. Harding. Setting aside a college professor or two and half a dozen dipsomaniacal newspaper reporters, he takes the first place in my Valhalla of literati. That is, he writes the worst English that I have ever encountered. It reminds me of a string of wet sponges; it reminds me of tattered washing on the line; it reminds me of stale bean soup, of college yells, of dogs barking idiotically through endless nights. It is so bad that a sort of grandeur creeps into it. It drags itself out of the dark abysm … of pish, and crawls insanely up to the topmost pinnacle of posh. It is rumble and bumble. It is flap and doodle. It is balder and dash.

March 3, 2022

The amazing luck of Canada’s own cockwomble

Filed under: Cancon, Military, Russia, USA — Tags: , , , — Nicholas @ 05:00

Larry Correia in his monthly round-up post:

C. Okay, the big one. WW3. Last time I did an update post about this I said I’m not an expert on global geopolitics, and unlike most of the internet I’m not going to pretend to be one. And the only thing I know about military issues is how the contracts work and how to fix the DOD’s terrible spreadsheets. So, just personal opinion, while recognizing my strategic limitations so all the self anointed Von Clauswitzes don’t come yell at me AGAIN, real brief version … fuck Vladmir Putin. I’m rooting for the little guy and I hope the clock is ticking towards when some oligarchs get pissed off enough Putin “commits suicide” by thirty rounds of 5.45 to the back or drinks a polonium milkshake.

C2. By root for, I mean I think we should have a 4 for $10 Javelin missile blow out sale. We’ve got ATGMS! We’ve got Stingers! We’ve got bombs and more bombs! You’ve got Russians? NOT ANYMORE! Because at Crazy Lockeheeds, everything must go!

C3. By root for, what I don’t mean is that I’m going to be a hypocritical scumbag like Stephen King, and expect my countrymen to kill and die so I can proclaim my virtue because I Care So Hard. If you feel that strongly there’s a Ukranian Foreign Legion and they’re taking volunteers … Oh wait … No. He didn’t mean like that. He meant your sons need to “take those punches” (i.e. get shot or burned to death). Not him.

[…]

E. On propaganda and the fog of war. Duh. Of course it exists. Its always existed. Every side does it. The internet just makes it faster.

However all those “legends” the deboonkers are so smugly debunking … You kind of miss the point. That emotional manipulation exists for a reason, and it’s important. You just need to try and recognized when it is aimed at swaying YOU, rather than to motivate the people doing the fighting.

[…]

O. Justin Trudeau is really super lucky WW3 rolled around to push his stupid doughy face out of the news cycle. Justin Trudeau makes Mitt Romney look like a vertebrate. What a scummy little wannabe tyrant.

P. But for Americans, the real lesson there is the tactics that dirt bag used against the people who stood up to him. In the old days they’d just kill you to shut you up. Now they freeze your bank accounts and make it so you can’t work or feed your family, until you comply. They take away your voice and your legal ability to push back, taking options off the table until only the worst apocalyptical options are left … and if you use those, then they’ve got an excuse to kill you.

P1. All of these effeminate little sneering leftists are one bad day away from being Pol Pot. All of them. Never forget that. Once they reveal who they are they need to be driven from office and never let anywhere near any sort of authority ever again. They will happily destroy you and everyone you love.

February 18, 2022

The “small fringe minority … holding unacceptable views” who can now have their bank accounts seized without recourse

Filed under: Cancon, Government, Politics — Tags: , , , , , , — Nicholas @ 03:00

Prime Minstrel Justin Trudeau invoked the Emergencies Act earlier this week, which gives the federal government the kind of powers previously reserved for wartime. Among other measures, it is claimed that the act gives the feds the power to have Canadian banks seize the accounts of Canadians holding unacceptable views. Even those of us who donated to the support of the trucker convoys in Ottawa and several border crossings are now “legally” able to be deprived of our property. This is far from the kind of free and democratic society most of us thought we inhabited before the public health crisis of the Wuhan Coronavirus somehow transmuted our country into a would-be dictatorship.

At Essays in Idleness, David Warren demands that we stop it now:

The idea that one has the right, under a “Charter”, to speak freely, demonstrate and protest, but not the right to occupy physical space and time, has long been apparent to persons of the cold-blooded, criminal disposition.

In this respect Justin Trudeau is hardly unique. Like, for instance, the New Zealish prime minister, Jacinda Ardern, he rose to his present eminence as the embodiment of an empathy, that was entirely fake. Indeed, he had no other skills or gifts, and like Miss Ardern, has only offered administrative incompetence. He is what we call “a nasty piece of work”.

He has now declared a national State of Emergency: because there are trucks parked illegally on Wellington Street in Ottawa. Had he been quicker with his proclamation, he could have mentioned a bridge in Windsor and border crossings in Manitoba and Alberta. But this would not have made his claim more plausible, as all the demonstrations were provocatively peaceful. The only chance of violence is to use force against them.

An economy is a controversial thing, for economic activity will often involve the use of space and time. For instance, truckers, and most others who are inclined to resist government “mandates”, are known to have bank accounts. They buy food to put in themselves, and fuel to put in their vehicles. By “freezing” these financial instruments, Trudeau vainly hopes to starve his opponents into panicked submission.

As Jen Gerson notes on Twitter, Canada is suffering a psychotic break. The technical term is “Bug Fuck Crazy”:

She continues:

I mean, perhaps this was inevitable. No country can be this uptight and stoic for so long without losing its collective bugfuck crazy mind eventually.

    @MacLeodKirk: Yeah, to be honest I’m rather tired of us measuring our level of excellence based on the batshit crazy happenings in the US.
    Perhaps we could aim just a tad bit higher?

The difference is that America can tolerate a certain baseline level of crazy. It’s like having an alcohol tolerance.

Canada, by comparison, is an 18-year-old Ontario girl crossing into Quebec and taking her first shot of Sourpuss right now. We can’t handle our shit.

“ALL OF YOU ARE ACTING LIKE CRAZY PEOPLE” she screamed into the Internet abyss before throwing her wine glass at the wall and disappearing for three days.

Earlier this week, the government’s spokesgoons in the media made not-so-veiled threats against the children of truckers and other supporters. On Thursday, Ottawa officially threatened to dognap any pets at the protest … for their own good, of course. Interestingly, Thursday was also the day that workers began to install a fence around the Parliament buildings, in imitation of the fortifications at the American Congress.

Malcom Kyeyune calls it “Justin Trudeau’s phoney dictatorship”:

When Justin Trudeau invoked emergency powers to quell protests against mandatory Covid-19 vaccinations this week, it was another sign that for Western liberal democracy, business as usual is over. This is the first time Canada’s Emergencies Act has ever been called upon by a Prime Minister. Its predecessor, the War Measures Act, was used three times: once for World War One, once for World War Two, and once to deal with a violent campaign of bombing, kidnapping, and murder by Quebecois separatists in 1970.

Yet Trudeau’s invocation of the Emergency Act is also a bizarre moment. Consider that the law stipulates that the government can fine people violating the act between 500 and 5,000 dollars. On the face of it, these are not numbers that seem commensurate to punish violators of the most powerful emergency law in the Canadian state’s armoury. But the reason these numbers seem so strange is simple: the law hasn’t been updated to keep up with the times, or inflation.

The oddness doesn’t end there. A law that in a real sense was forgotten — and designed to handle the most extreme situations a nation state can find itself in — is now dredged up to deal with a fairly routine political protest. Trudeau, and his finance minister Chrystia Freeland, have also called on financial institutions to freeze or suspend any bank accounts without a court order if they are being used to fund the protests. They believe, as David Frum writes in The Atlantic, that the truckers represent a “form of performative intimidation”.

Compared to the mass burning and vandalism of Catholic Churches in Canada last summer — which Trudeau both denounced and sympathised with, calling the arsons “understandable” at one point — the truckers hardly represent a nadir of public order. Across the border in the United States, the rioting that occurred there in the summer of 2020 involved loss of life, and massive damage to property. Back then Kamala Harris’s response was markedly similar to that of Trudeau — hand-wringing, sure, but also sympathy with the motivations of those who rioted.

Perhaps buildings being burned down, sometimes with their occupants still inside them, is just part and parcel of living in a vibrant democracy. Meanwhile, a protest that has led to zero loss of life and no torched buildings is cast as a grave threat to democracy. Put up bouncy castles for kids to play in and have public barbecues, as the truckers have done? Then, in the words of the New York Times‘ editorial board, you are “far-Right”, and represent a “test of democracy” itself.

Or you will be accused of “sedition” by the usually phlegmatic Mark Carney. The former Bank of England governor may support Trudeau’s use of emergency powers, but by all indications it is a spectacularly ill-conceived move. Many provincial leaders are already openly rejecting the necessity of such extreme measures.

Kim du Toit responds to a rant by one of Sarah Hoyt’s contributors:

As I see it, most ordinary Americans — if faced with the choice — would rather go to war against our own government than against Canada, present company included.

And as Mr. Free Market put it to me during a semi-drunken phone call last night: how bad does the Canadian government have to be, to have pissed off the nicest, politest people on the planet?

They’re so nice that SoyBoy Trudeau is highly unlikely to have a Ceaușescu Moment, even though it could be argued that he deserves one

As always, Canadians love it when foreigners (especially Brits and Americans) call us “nice” and “polite” … it shows they don’t follow hockey or know many actual Canadians. Canadians are polite, generally, but it’s a kind of passive-aggressive niceness that can snap unexpectedly under sufficient provocation, then the gloves come off and there’s blood on the ice. That last bit is only sometimes metaphoric.

December 4, 2021

Things I never expected to read on the CBC website — “…frantically firing up the gaslights and moving the goalposts on COVID restrictions and vaccinations”

Canada’s state broadcaster has been — as you would expect — a staunch supporter of every government initiative to limit free speech and the rights of Canadians in tackling the Wuhan Coronavirus pandemic. They’ve consistently portrayed any concerns or doubts about draconian government action as irrational, anti-science conspiracy theories and the people raising such concern as effectively “enemies of the people”. As such, I never expected to see anything like this CBC Opinion piece by Allan Richarz:

Listen closely and one might be able to discern the unmistakable sounds of our elected and unelected officials frantically firing up the gaslights and moving the goalposts on COVID restrictions and vaccinations.

It was a precipitous but inevitable shift from “two weeks to flatten the curve” to get the jab or lose your job, and unsurprisingly, there is still more to come.

Met the provincial vaccination targets? Great; but now it’s time for a booster. Ready for the “temporary” vaccine passport system to expire? Sorry, we need to extend it through spring; proving once again that if you give the government an inch on your rights, they will go for the mile every time.

Less than a year ago, government and public health officials touted vaccination as a panacea to end the pandemic. It’s safe, effective and will allow the country to put COVID behind us, we were told. To that end, citizens were encouraged, prodded and eventually threatened to get their shots, with holdouts demonized by politicians at all levels. Yet, in Ontario, even as the province exceeded by weeks its vaccination and case number targets of the government’s phased reopening plan, citizens were offered only breadcrumbs in return: moving up Phase 3 reopening by just a few days, with no plans at the time for a complete reopening.

And now, with new case numbers in Ontario essentially split evenly between the unvaccinated and fully vaccinated and questions about waning vaccine efficacy, the goalposts shift again with the rollout of booster shots elsewhere in the country and calls for expanded eligibility.

One does not need to look hard to guess what the next step will be across Canada. In Israel and France, the definition of fully vaccinated was changed to include boosters; those six months out from their second dose, or first booster, are now considered unvaccinated, and their vaccine passport privileges suspended.

H/T to SDA for the link.

December 2, 2021

If there are no restrictions on voting age, what other expansions of the franchise might amuse the Supreme Court of Canada?

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 05:00

In Wednesday’s NP Platformed newsletter, Colby Cosh suggests that, given the SCC’s demonstrated preference for getting rid of restrictions on voting rights, we may be in for some interesting legal times:

A band of plucky teens, we are told, are suing to have Canada’s voting age lowered. They are not the first to try, and it goes without saying that the youngsters are a front for a gaggle of do-gooder groups who think that it would somehow purify our democracy in the fires of justice if 16-year-olds could vote. NP Platformed thinks this is a terrible idea that has logical problems on its face. If the age-18 voting limitation can’t be defended, how can any such limit be defended?

Rest assured that the grown-up lobbyists who have a sore bum about the voting age won’t be recruiting four-year-old boys to articulate their cause or serve as litigants. It will all be photogenic, politically sophisticated, fantastically unrepresentative teenagers.

But let’s set the snark aside for a moment. You may be asking, as we here at NP Platformed world headquarters did, how a charter challenge to the voting age can happen at all. Surely there’s solid caselaw about this? If you look into the matter, as we did, you might find yourself saying “Uh oh.” As we did.

The most revealing discussion we could find is tucked away in a footnote in a 2019 paper by University of Ottawa Prof. Michael Pal. Within this wad of small print, Prof. Pal outlines the whole issue. The charter says flat out that “Every citizen of Canada” has the right to vote in elections, and various species of legal voting disability have been removed over time, leaving persons under 18 as the only citizens within Canada who cannot exercise this right.

[…]

“The analogy between youth voting restrictions and inmate disenfranchisement breaks down because the type of judgment Parliament is making in the two scenarios is very different. In the first case, Parliament is making a decision based on the experiential situation of all citizens when they are young. It is not saying that the excluded class is unworthy to vote, but regulating a modality of the universal franchise. In the second case, the government is making a decision that some people, whatever their abilities, are not morally worthy to vote — that they do not ‘deserve’ to be considered members of the community and hence may be deprived of the most basic of their constitutional rights. But this is not the lawmakers’ decision to make.”

We’re just gonna say it: “regulating a modality of the universal franchise” is drivel. If this is the bedrock on which age restrictions on voting rest, age restrictions on voting are in trouble.

The constitutionality of a voting age was also discussed in the Supreme Court’s 2019 Frank case, which annihilated the voting eligibility restrictions for Canadian citizens living abroad. In that case it was dissenters, specifically justices Suzanne Côté and Russell Brown, who brought the matter up. If legislatures can’t restrict the voting rights of Canadians who have been living in Cucamonga or Timbuktu, how can they impose any limit at all?

The dissenting pair quietly pointed out (at paragraph 144) that the phrase “regulating a modality” is gaseous nonsense, and that the Supreme Court, in its endless lust for making the franchise more inclusive, seems to have made any restrictions at all untenable. (Why, indeed, should the franchise be limited to citizens? Municipalities are already asking this question!)

November 6, 2021

QotD: Michael Bellesisles

… I offered a very limited defense of the History Biz. It’s not just that they’re rabid Leftists, I said. I mean, yeah, they are, no denying that, but outright “writing the conclusion before you even start asking the question”-type fraud, Michael Bellesisles-type fraud, is a lot rarer than you probably think.

Bellesisles, you might recall, is the guy whose revolutionary revisionist thesis was that the Founders weren’t really all that enthusiastic about guns, and didn’t own that many, and that whole 2nd Amendment thing was just an afterthought. Yeah, right. That one was written conclusion first, and since no remotely objective look at the evidence could ever possibly support it, he resorted to making lots of “evidence” up. But the reaction of the rest of the profession was interesting: They lauded Bellesisles to the skies. He won the Bancroft Prize for his work, which is the biggest one you can get in American history. Now, I’m sure you’re saying “of course they praised him, he was telling them exactly what they wanted to hear!”, and you’re right …

… but only to a point. Because eggheads are — as you might imagine — the pettiest, most envious bunch of little bitches this side of a junior high cheerleading squad, there’s no piece of research so meticulous, no conclusion so solid, that someone isn’t going to tear into it in one of the professional journals, for base personal reasons if no other. Lest you think I’m kidding, I personally know of a woman at a big league school whose husband was seduced, and her marriage ruined, by an open, obnoxious lesbian colleague, all because she, the hetero, had dared to question some of the lesbian’s work at a conference in their mutual field.

That’s the level of pettiness we’re dealing with here. And I can’t say for absolute certain that Bellesisles received no criticism whatsoever; he doesn’t work in my field, so even though I was certain that Arming America was bullshit of the purest ray serene, it wasn’t my problem, professionally speaking. But whatever, point is, in my fairly well-informed opinion, merely “telling them what they want to hear” doesn’t account for the entire profession ignoring the huge, blinking, neon red flags surrounding Arming America. Rather, I suggest it’s more of a Pauline Kael thing.

I actually kinda pity Kael — much like John Montagu, the 4th Earl of Sandwich, she was a fairly big wheel back in her day, but if she’s known at all now, it’s for something entirely peripheral to her life’s work. In Kael’s case, it’s her declaration that it was impossible for Richard Nixon to have won in 1972, since “nobody I know voted for him” (it was one of the biggest blowouts in American electoral history). The Arming America thing is, I think, like that — nobody in academia owns a gun, or knows anyone who owns a gun, or knows anyone who knows anyone who owns a gun. So, yeah, they know all the scary statistics about how there are sixty gorillion more guns than people in America, but all of that iron belongs to the Dirt People, far away over the horizon. They’d never in a million years even be in the same zip code as someone who thinks Arming America was absurd on its face. Hence, it never occurred to them to question it.

It helped that Bellesisles was telling them what they wanted to hear, no doubt, but the main reason nobody challenged it was that they lacked the cognitive toolkit to even consider the possibility he might be wrong.

Severian, “Are They Trying to Lose?”, Rotten Chestnuts, 2021-07-15.

October 22, 2021

Explaining why British police clearly favour road-blocking protestors over the rights of ordinary Britons

Filed under: Britain, Law, Liberty, Politics — Tags: , , , — Nicholas @ 03:00

In The Critic, Andrew Tettenborn believes it can be traced back to a change in the oath that new police constables take and the changed emphasis in police training to support that change:

Metropolitan Police at G20 protests in London, 2009-04-01
Photo via Wikimedia Commons

Last week Insulate Britain magnanimously announced it would suspend its forcible road-blocking campaign. Apart from noting the impudence of this announcement (remember the IRA sanctimoniously calling its Christmas ceasefires, as if this were something we should be grateful for?), commentators on Twitter, the tabloid press and indeed many of the general public, have found another question troubling. Why, in the face of deliberate criminality aimed at discommoding ordinary people (most of whom will have been less well-off than many of the protesters), did the police hold back, at times apparently chatting with the obstructionists and threatening with arrest any exasperated driver who tried to take steps to remove them? We aren’t told, but we can make some educated guesses.

[…]

Nearly twenty years ago in 2002, there was a subtle, little-reported but very symbolic change in the oath sworn by all constables on appointment. Instead of the 19th century undertaking to serve the Queen “without fear or favour, malice or ill-will” in the course of keeping the peace and preventing crime, there is now a much more tendentious promise preceding the duty to keep the peace: namely, to act with “fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people”. This requirement, thoroughly reflected as it is in police training today and imbued in policing culture, has two effects.

One is that all officers must keep at the front of their minds not only the law of the land but also two other guidelines: considerations of fairness and equality (whatever those mean), and human rights laws — something peculiarly complex and frequently opaque, even to lawyers. Human rights laws involve a subtlety well beyond the average constable called out to police a tense situation. Put yourself in the position of a policeman, faced with a choice whether to intervene in a case involving illegality and an intent to inconvenience people, but where no-one is actually engaging in violence — exactly the situation with Insulate Britain or Extinction Rebellion. You might well think that, if you wish to avoid future trouble and possible complaints of discrimination or unfairness, discretion and inaction would be the better part of valour.

Thanks to the pervasiveness of human rights culture, the constable’s traditional function of upholding the law ceases to be a black-and-white matter, and becomes a potential mire of conflicting duties. Even if the letter of the law says you should arrest a middle-aged protester or at least drag them off the M25 to prevent them obstructing it, there is always a possibility that someone somewhere will hold that this was contrary to their human rights. Once again, a cautious police officer intent on avoiding disciplinary hearings and a possible black mark, may well conclude that it is better to let sleeping dogs lie (at least for the moment), condone the illegality and avoid possible violence.

The police constable on the scene is extremely well advised to avoid doing anything that might possibly be construed as infringing on the human rights of everyone at the scene, for fear of becoming the scapegoat if clever lawyers convince a judge or jury that the police acted contrary to their revised oath.

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