Quotulatiousness

September 4, 2023

“… the ‘Teachers should tell parents’ people outnumber the ‘Teachers must not tell parents’ folks by something like four-to-one”

Filed under: Cancon, Education, Health, Media, Politics — Tags: , , , , , , , — Nicholas @ 03:00

In the free-to-cheapskates segment of The Line‘s weekly round-up post, they discuss the suddenly “brave” Conservative provincial premiers jumping onto a hot culture war topic on the side of the vast majority of Canadians:

New Brunswick now has Policy 713, that requires teachers or school officials to notify parents and obtain consent if a child younger than 16 wishes to change his or her name or pronouns. Saskatchewan has announced a similar proposal; Ontario is considering one, too.

The Line looks upon these proposals with extreme skepticism. To be frank, we wish the provinces weren’t doing this. We think it’s strategically misguided: every moment a Conservative spends defending “parental rights” is a moment in which they are not talking about highly salient economic issues that affect far more people. Further, we don’t trust their motives. Either they’ve decided to pick this fight because they thought parental consent was going to be a winner for them, or they simply felt pushed into it by the more excitable elements of their respective bases. (We assign a probability assessment of absolute zero to the notion that the leaders might be doing this out of moral conviction.)

So yeah, it’s cynical and exploitive policy, but gosh, is it ever popular policy, too. Polling shows it’s like 80-per-cent approval popular.

Because of course it is.

Again, we stress that we don’t support the imposition of sweeping legislation. Absent evidence of abuse or mismanagement, we think parental notification of social transition should be handled on a case-by-case basis. In the midst of a moral panic on trans issues, we’d prefer to keep politicians as far away from this third rail as possible, with long pointy sticks and cages if necessary.

However, we also recognize that cynicism cuts both ways. We have also borne witness this week to some hysterical rhetoric from those who seem to seriously believe that schools should be forbidden from sharing this information, if the minor in question so chooses.

These people are in the minority, as we suggested above. The polling shows that the “Teachers should tell parents” people outnumber the “Teachers must not tell parents” folks by something like four-to-one. This is the kind of lopsided result you almost never see on contentious policy issues — the numbers are what we would expect if we asked Canadians “Is ice cream tasty?” or “Do you enjoy cuddling a puppy?” And of course this is so. Parents are, generally speaking, not going to have a whole lot of time for the suggestion that children will be better off if the state, at any level, adopts a policy of withholding information from them.

We don’t support what the conservative premiers are doing, because we think they’re doing it for cynical reasons, but we would absolutely oppose any policy that goes in the opposite direction. And the majority of the country — a massive supermajority — is onside with us on this one.

There are no easy answers here, because we do not dismiss the concerns raised by the minority. We absolutely agree and accept that there are going to be families and parents that may react badly, even dangerously, to their child changing their name or pronoun. But the answer isn’t to involve teachers and schools in a coverup; it’s to have policies in place that give any child that may fear for their safety all the help they need, including, if necessary, intervention. To this end, we would note that teachers are mandatory reporters — they must report a variety of issues (or concerns) because society has learned through tragedy and horror what happens when parents and other guardians are excluded from knowing details of their child’s life. If teachers have reasonable grounds to suspect abuse, mental health issues and more, they are legally required to inform authorities and families. Limiting their ability to inform parents would cut against this necessary and overdue progress. Further, we have already passed laws banning “conversion therapy.”

Your Line editors support the right of trans people to live lives of legal equality, safety and dignity, and we honestly believe that most Canadians would agree with us on that. We also note that the rising tide of trans activism has raised complicated concerns that exist at the edges of reasonable accommodation, and must necessarily raise thorny concerns about how we manage competing rights between disadvantaged people. Can minors consent to puberty blockers and cross-sex hormones? Is it fair to allow trans women who enjoy the permanent physical advantages bestowed by male puberty into female athletics? When should trans men be permitted in women’s prisons and shelters, if ever? These questions demand a thoughtful and nuanced response. They don’t disappear the moment someone screams “trans women are women!” and threatens to kill that bigoted TERF J.K. Rowling. They aren’t resolved by hysterics and warnings of suicide.

By staking out maximalist positions on the most difficult topics, and granting no ground for concession and compromise, trans-rights activists have polarized their own cause. Shouting down critics worked for a while, but the pendulum is now rapidly swinging back to the plumb line. Labelling every concerned parent a transphobe is tired and played out. It’s failing as a strategy of persuasion. Which brings us to the current moment; the place of four-to-one support for cynical policies proposed by conservative premiers. Keep it up, and we suspect it’ll be nine-to-one in short order.

Backlashes are rarely measured, sane, or logical, and we fear this one is already teasing out some very dark and long-repressed demons, even among people who once counted themselves allies of LGBTQ people and causes. We are seeing this backlash in a rise in hate crimes, growing counter-protests, and in a decline in support for LGBTQ people generally. And, yes, we are seeing it in in heavy-handed and misguided legislation both here and in the U.S. We aren’t arguing that any of this is justifiable; rather, we are merely noting that it has long been inevitable and predictable. We were warned.

One of the only real questions we have is how self-styled progressive parties and leaders are going to navigate trans issues when the population is very much not on their side. We talk a lot about how the conservatives are beholden to the most vocal minorities within their parties; but we fear that the progressives suffer the same fundamental problem.

We’d like to think that the Liberals and the NDP will handle trans issues maturely, responsibly and well. But we know better. They’ll go all in, setting everyone up for a very nasty confrontation that we think they’ll lose, and badly. Brace yourselves, friends.

July 9, 2023

Grain Elevator

Filed under: Business, Cancon, Food, History, Railways — Tags: , , , — Nicholas @ 02:00

NFB
Published 30 Sept 2015

This documentary short is a visual portrait of “Prairie Sentinels”, the vertical grain elevators that once dotted the Canadian Prairies. Surveying an old diesel elevator’s day-to-day operations, this film is a simple, honest vignette on the distinctive wooden structures that would eventually become a symbol of the Prairie provinces.
(more…)

November 12, 2021

One Pretendian’s “cultural Munchausen syndrome”

In Thursday’s NP Platformed newsletter, Colby Cosh updates us on the story of Carrie Bourassa, who had effortlessly surfed to high profile, well-remunerated positions at the University of Saskatchewan and with the federal government largely on the basis of her claimed First Nations background:

Carrie Bourassa with media.
Lead photo in Geoff Leo’s article for the CBC – https://www.cbc.ca/newsinteractives/features/carrie-bourassa-indigenous

Newspapers have a slightly nasty characteristic: it’s easy for them to get pre-emptively mad when institutions are a little slow to do the right thing, and it’s also easy for them to forget to give credit when those institutions get around to it.

So let’s acknowledge that the federal government and the University of Saskatchewan are dealing — as best they can, almost certainly — with their shared Carrie Bourassa problem.

Two weeks ago, CBC News investigative reporter Geoff Leo published an astonishing tour de force. His feature article established, beyond almost any doubt, that Bourassa, a high-profile Indigenous scholar who told and published countless stories of racist treatment and childhood adversity, is actually a fabulist from a wealthy white family. The Institute of Indigenous Peoples’ Health soon put Bourassa, its scientific director, on unpaid leave. The U of S suspended her with pay, probably having no better immediate alternative.

[…]

Since Prof. Bourassa was put on ice in her lucrative Aboriginal-health jobs, Indigenous folk have been labouring to explain in the press what was wrong with her concoction and aggressive peddling of a fake Métis upbringing on the mean streets of Regina. Drew Hayden Taylor’s Globe and Mail op-ed about Bourassa’s “cultural Munchausen syndrome” is instructive and funny, but we hope it is all right to tell Aboriginal-Canadians that no white settler with a lick of sense would consider Bourassa’s tapestry of falsehoods to be harmless “fibs”. This may be a self-serving observation, but her confabulations about her personal history wouldn’t be consistent with the standards of a newspaper, let alone those of a university.

About a year ago, the Saskatchewan Health Research Foundation gave Bourassa an award (not her first) and published a capsule summary of her career. If you read it, you will notice how she was, from time to time, offered career advancement out of the blue by Indigenous supporters who had been taken in by her stories. Even a white grad student living on ramen in a basement apartment might be a little ticked about this. The University of Saskatchewan’s original claim that Prof. Bourassa hadn’t benefited from claiming Aboriginal ancestry is pathetic hokum: Bourassa tellingly accused her own sister of “looking for … a way to make some money” by accepting Indigenous scholarship funds during her PhD studies.

And it probably occurred to the USask brass sometime between the two press releases that an investigative reporter like Leo, in taking on a topic, always looks a couple articles ahead. Bourassa, for example, claims to have suffered from tuberculosis in her late 20s — a useful credential, unfortunately, for someone studying the field of Indigenous health. It’s useful because the disease has been nearly eliminated among non-Indigenous Canadians: the incidence rate for First Nations is 40 times higher, and the cases tend to be concentrated in remote northern Indigenous communities. Even if we overlook Bourassa’s propensity for creative autobiography … well, if she contracted TB, she was certainly very unlucky.

October 30, 2021

“Pretendians” … members of the Wannabe tribe … people who fake First Nations ancestry for personal gain

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

I missed Thursday’s NP Platformed newsletter when it first came out, where Colby Cosh praised a CBC “longread” which dug into the oft-trumpeted heritage of a prominent Saskatchewan university official and did a thorough job of demolishing her claims to First Nations ancestry. This might have seemed unwarranted cruelty, except that those false claims had materially aided her rise to her current position with the university and the federal government:

Carrie Bourassa with media.
Lead photo in Geoff Leo’s article for the CBC – https://www.cbc.ca/newsinteractives/features/carrie-bourassa-indigenous

The result is not only astonishingly well-written and funny — it’s unanswerable. Bourassa has been caught telling utterly insupportable stories about her own past, making lurid claims of racial abuse and colonial trauma in a fanciful Indigenous household bearing no resemblance to the wealthy white one in which she actually grew up. When she got wind that the CBC was working on a story, Bourassa used the resources of the institute to organize a PR defence and arrange for an “open letter”, whose signatories are surprised and offended to find their names attached.

And if the story’s soundness is doubted, one need only refer to the rebuttal that Bourassa published yesterday. Read it and hear the scratching of ticked-off boxes. “I refuse to be victimized by this man who calls himself a journalist. This entire smear campaign stems from lateral violence … nothing less than tabloid journalism … it is apparent that I must adhere to western ideologies.”

But Bourassa’s response, while slinging the jargon generously, does nothing to refute Leo’s reporting. The Saskatchewan scholar lashes herself to the mast of a late-life Métis adoption, which does nothing to explain her tales of making mukluks and beadwork with her “half-breed” “gramps” at age seven.

No prior news item about Aboriginal stolen identity has ever been as strong and complete as this one — and that is why it is worthy of our attention, and of the resources dedicated to it. Bourassa has earned fantastic sums as a researcher and administrator of public funds. Most of this would have been utterly unavailable to her as an ordinary white social worker from the vodka-drinking parts of Saskatchewan. She is in a paramount position of importance in a national bureaucracy dedicated to Indigenous well-being and cultural preservation: her endless nose-stretchers about Aboriginal identity make her position completely untenable.

So will anything be done about it? If the federal government and the University of Saskatchewan are willing to overlook the case made here by the CBC, they will overlook absolutely anything. Falsely claiming Aboriginal descent is one sinful thing; lying floridly and repeatedly to audiences about your personal history of suffering racist treatment is another. (Can one “adopt” experiences? We suppose one can, with a little imagination!) Bourassa seems determined to fight, and to exploit her position to do it. So the institutions to which she has attached herself may have to act — or suffer a disastrous blow to their credibility among First Nations and settlers alike.

April 14, 2021

War Stories We Didn’t Get to Tell – WW2 – Reading Comments

Filed under: Cancon, Europe, History, Military, Russia, USA, WW2 — Tags: , , , , — Nicholas @ 04:00

World War Two
Published 13 Apr 2021

Another edition of Across the Airwaves, where Indy, Sparty, and Astrid look at interesting and unique comments from our videos. In this episode, some amazing war stories that we didn’t get to tell.

Join us on Patreon: https://www.patreon.com/TimeGhostHistory
Or join The TimeGhost Army directly at: https://timeghost.tv

Follow WW2 day by day on Instagram @ww2_day_by_day – https://www.instagram.com/ww2_day_by_day
Between 2 Wars: https://www.youtube.com/playlist?list…
Source list: http://bit.ly/WW2sources

Hosted by: Indy Neidell, Spartacus Olsson, and Astrid Deinhard
Director: Astrid Deinhard
Producers: Astrid Deinhard and Spartacus Olsson
Executive Producers: Astrid Deinhard, Indy Neidell, Spartacus Olsson, Bodo Rittenauer
Creative Producer: Maria Kyhle
Post-Production Director: Wieke Kapteijns
Edited by: Karolina Dołęga
Sound design: Marek Kamiński
Map animations: Eastory (https://www.youtube.com/c/eastory​), Karolina Dołęga

Sources:
– Bundesarchiv
– Library of Congress
– Australian War Memorial
– Icons from the Noun Project: Boat by Richard Cordero, captain by Gan Khoon Lay, Mine Ship by Luke Anthony Firth, Wrench by Gregor Cresnar
– Explosion animation by Ignisium from YouTube
– Uboat.net, picture of SS Oklahoma courtesy of Texaco Archives

Soundtracks from Epidemic Sounds:
– “Other Sides of Glory” – Fabien Tell
– “London” – Howard Harper-Barnes
– “Deflection” – Reynard Seidel
– “The Inspector 4” – Johannes Bornlöf
– “What Happens in the Park” – Claude Signet

Archive by Screenocean/Reuters https://www.screenocean.com​.

A TimeGhost chronological documentary produced by OnLion Entertainment GmbH.

From the comments:

World War Two
2 hours ago (edited)
Day in day out, we review thousands of comments from people across the world. It’s always heartening to come across the ones that are particularly interesting, educational, touching, or even funny. This format, “Across the Airwaves”, is a great way for us to interact directly with our community and in this episode, Indy, Sparty and Astrid mainly look at comments from people offering extra details and analysis that we didn’t have the chance to include in our regular content.

Hope you enjoy hearing them. A big thanks to our community, especially our TimeGhost Army members.

January 20, 2021

“Canada Post … is not to act as the censor of mail or to determine the extent of freedom of expression in Canada”

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

Colby Cosh on a recent incident in Regina where a Canada Post employee took it upon himself to act as a local censor for people on his delivery route:

Today’s idiot of the day is not, perhaps surprisingly, the Regina postman who got suspended for refusing to deliver the Epoch Times, the oddball anti-communist newspaper that’s affiliated with China’s persecuted Falun Gong religious movement. Don’t get us wrong: Ramiro Sepulveda is clearly a bit of a nitwit. He seems to believe that a newspaper founded by commie-hating Chinese-Americans is designed to provoke hatred toward “Asian communities in North America.”

Sepulveda didn’t want to deliver free copies of the Times to non-soliciting customers because it “spits lies.” Perhaps regrettably, the strong reaction by Canada Post means that our junk mail, quite a lot of which consists of boastful missives from politicians, is not destined to be fact-checked and aggressively suppressed by the corporation’s rank and file.

Sepulveda was properly punished for not doing his job. And Canada Post used the opportunity to promote its content-neutrality as an agent of the state, although it did not quite dare to use the phrase “statutory monopoly.” In a statement to the broadcasters who reported on Sepulveda’s off-piste personal fact-checking, the agency said: “Canada Post is obligated to deliver any mail that is properly prepared and paid for, unless it is considered non-mailable matter. The courts have told Canada Post that its role is not to act as the censor of mail or to determine the extent of freedom of expression in Canada.”

They might have added that access to the mail has been denied to individuals for spreading hatred only a handful of times in the history of the country; this, too, is as it ought to be, and it is certainly not postal employees who ought to be improvising such bans. Ideally, all postmen would be doing their best not to create the suspicion that they are eyeballing what is sent to our homes with the intention of ringing up a reporter and causing a fuss. Say what you like about these poor toilers: most of them never give us any reason to doubt their discretion.

February 22, 2020

Buffexit NOW!

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

The poor and downtrodden peons in the economically ravaged area of Buffalo are moving towards separation from their colonial imperialist masters in Toronto and Montreal:

I read yesterday’s “Buffalo Declaration” signed by four Alberta Members of Parliament with the serious and consuming interest natural to an Albertan. I see, however, that the revolution it is intended to provoke in my mind, and in the minds of my compatriots, is not yet complete. I am still instinctively using the outdated terminology imposed upon me by the black iron prison that is the Laurentian empire.

The declaration commences with a long explanation of how “Alberta” was created by central Canadian Liberals against the expressed political will of the residents. The territorial government would have preferred one great province called Buffalo to have been created on the soil which the Canadian wolf decided to cleave into “Alberta” and “Saskatchewan.” Divide and conquer: the oldest trick in the imperialist playbook!

The natural conclusion would seem to be that to make any use of “Alberta” as a conceptual category is to play the game by the empire’s rules. And, in fact, the third of the 17 (!) demands in the declaration is that prospective adherents (who may or may not be contenders for the leadership of the federal Conservative party, wink wink) “recognize Alberta — or Buffalo — as a culturally distinct region within Confederation.”

Alberta or Buffalo? Choose your own adventure? I suppose the revolution is still incomplete in the minds of the authors, too: they have begat a manifesto, but have not quite figured out on whose behalf, precisely, they are speaking. Forgive us, we’re all kind of new at this game of soft nationalism. (Or, rather, at the game of creating a Quebec-style spectrum of nationalisms, ranging from paranoid cranks to grouchy-but-devoted three-quarter federalists.)

It is definitely a logical problem that so much of the declaration is devoted to the proposition that Alberta is culturally distinct from its neighbours — so much so as to permit the sort of political claims and considerations that would ordinarily pertain to a nation. The East, we are told, is full of the descendants of “bankers, lawyers and other capitalists.” Meanwhile, Alberta was being peopled by the wretched of the Earth. “Settlers like the Hungarians, Romanians, Ukrainians, Dutch, Germans, Scots, Chinese, and Icelanders immigrated to Alberta because of poverty, overpopulation and unemployment in their homelands.”

You have to admit that Quebec’s plan of “soft sovereignty” has worked very well to keep Quebec’s concerns fully front-and-centre no matter which party controls Ottawa. In some ways it’s surprising that it’s taken this long for anyone to consciously copy it.

June 4, 2019

Railroad Town

Filed under: Cancon, History, Railways — Tags: , , , — Nicholas @ 04:00

NFB
Published on 7 Aug 2017

This short documentary is a delightful trip back to an era in which railroad was king.

Directed by Don Haldane

About the NFB
The National Film Board of Canada produces and distributes documentary films, animation, web documentaries and fiction. Our stories explore the world we live in from a Canadian point of view.

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September 6, 2017

Grand Trunk Pacific Transcontinental Railway Construction – circa 1910 Documentary – WDTVLIVE42

Filed under: Cancon, History, Railways — Tags: , , , , , — Nicholas @ 02:00

Published on 26 Mar 2017

The Grand Trunk Pacific Railway was a historical Canadian transcontinental railway running from Winnipeg to the Pacific coast at Prince Rupert, British Columbia. East of Winnipeg the line continued as the National Transcontinental Railway, running across northern Ontario and Quebec, crossing the St. Lawrence River at Quebec City and ending at Moncton, New Brunswick. The entire line was managed and operated by Grand Trunk Railway. Construction of this transcontinental railway began in 1905 and was completed by 1913.

Scenes show earthworks and removal of spoil via railway carriages, steam locomotives hauling flatcars, sleepers being unloaded from trains and position on the new roadbed, unloading of rails, fastening of rails to sleepers, and the works train travelling over the newly completed trackwork.

WDTVLIVE42 – Transport, technology, and general interest movies from the past – newsreels, documentaries & publicity films from my archives.
#trains #locomotive #railways #wdtvlive42

December 14, 2013

Canada edges ahead of the US in economic freedoms

Last week, the Fraser Institute published Economic Freedom of North America 2013 which illustrates the relative changes in economic freedom among US states and Canadian provinces:

Click to go to the full document

Click to go to the full document

Reason‘s J.D. Tuccille says of the report, “Canadian Provinces Suck Slightly Less Than U.S. States at Economic Freedom”:

For readers of Reason, Fraser’s definition of economic freedom is unlikely to be controversial. Fundamentally, the report says, “Individuals have economic freedom when (a) property they acquire without the use of force, fraud, or theft is protected from physical invasions by others and (b) they are free to use, exchange, or give their property as long as their actions do not violate the identical rights of others.”

The report includes two rankings of economic freedom — one just comparing state and provincial policies, and the other incorporating the effects of national legal systems and property rights protections. Since people are subject to all aspects of the environment in which they operate, and not just locally decided rules and regulations, it’s that “world-adjusted all-government” score that matters most, and it has a big effect — especially since “gaps have widened between the scores of Canada and the United States in these areas.” The result is is that:

    [I]n the world-adjusted index the top two jurisdictions are Canadian, with Alberta in first place and Saskatchewan in second. In fact, four of the top seven jurisdictions are Canadian, with the province of Newfoundland & Labrador in sixth and British Columbia in seventh. Delaware, in third spot, is the highest ranked US state, followed by Texas and Nevada. Nonetheless, Canadian jurisdictions, Prince Edward Island and Nova Scotia, still land in the bottom two spots, just behind New Mexico at 58th and West Virginia at 57th.

Before you assume that the nice folks at Fraser are gloating, or that you should pack your bags for a northern relocation, the authors caution that things aren’t necessarily getting better north of the border. Instead, “their economic freedom is declining more slowly than in the US states.”

March 22, 2013

The plight of the NDP in their ancestral homeland

Filed under: Cancon, Politics — Tags: , — Nicholas @ 08:44

Colby Cosh looks at the long road back for Saskatchewan’s NDP, which bestrode the province like a Colossus for a political eternity but is now a peripheral player:

These are hard times for the New Democratic Party in Saskatchewan — the party’s ancestral wellspring, the mecca it faces at prayer. Not so long ago, the NDP’s provincial leader was typically, by virtue of his office, the second-most prominent figure in the movement nationwide. Typically, that is, when he wasn’t in first place. And the New Democrats had the kind of sweet corner on Saskatchewan’s legislature that the Liberals had on the Dominion’s. From 1942 to 2009, every leader of the provincial party also served as premier at least once.

But the winner of the Saskatchewan NDP’s March 9 leadership tilt, Cam Broten, takes charge with the benefits and the burdens of low expectations. Broten now commands an Opposition of just nine members to the government’s 49, and Premier Brad Wall’s approval ratings are the envy of Confederation.

Broten, the 35-year-old MLA for Saskatoon-Massey Place, ran on a platform that was light on ideological tub-thumping and heavy on plans for rebuilding the NDP’s political institutions. Like the Progressive Conservatives in Alberta, the New Democrats had grown too dependent on the voters’ total psychological identification of the party with the government, and were perhaps not careful enough to ensure that the former could thrive if detached from the latter. Two years of drama at the Ottawa level of the NDP do not seem to have done Saskatchewan’s New Democrats any favours, and federal Opposition Leader Thomas Mulcair’s views on resources and national unity have been — well, what’s the opposite of a favour?

March 6, 2013

Colby Cosh: “One sees what fine jokes result when the state tries to make one plus one equal fried chicken”

Filed under: Cancon, Law, Liberty, Media — Tags: , , , , — Nicholas @ 15:25

In Maclean’s, staff optimist and all-around-softy Colby Cosh tries to make lemonade out of the sour Whatcott ruling by the Supreme Court of Canada:

The ruling was appalling in a number of ways, most notably in its dismissal of any possibility of a truth defence against human rights commissions who hunt “hate speech.” The court specifically insists that true statements arranged in certain ways can be officially “hateful,” conceding a total lack of interest in truth and basically handing its banner over to the commissions’ targets. For liberals who share the goals of these commissions, this is a moral disaster that can only multiply Bill Whatcotts ad infinitum. People of the Whatcott type already believe themselves to be in special possession of suppressed facts, and now the court has said explicitly that spreading falsehoods is no part of their offence.

But since we columnists are in the business of telling truth, whatever a court thinks, it ought to be admitted that, dead or alive, free speech in Canada was never in such good shape. The Supreme Court’s decision is an elaborate partial rescue of standing precedent; the constitutionality of hate policing by provincial commissions was established many years ago, and the unpleasant surprise is only that it wasn’t killed on this occasion.

[. . .]

For those of us who make a living in creative or intellectual expression, it is worth something to have the laws limiting it defined as clearly as possible while being compacted into a minimum volume. The Supreme Court has made the rules clearer, and this is not to be sneered at, even if its logic sometimes is — especially since the overall authority of human rights commissions has undergone net diminution in the process. It is just possible the chief justice wasn’t entirely asleep at the switch.

March 2, 2013

Chief Justice McLachlin’s “evolving” view of free speech

Filed under: Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 09:38

In the Ottawa Citizen, Karen Selick explains why the Supreme Court of Canada’s unanimous decision in the Whatcott case was so surprising:

For 22 years, free-speechers have cherished the hope that another case involving censorship and human rights legislation would come back before Chief Justice McLachlin. That’s because in 1990, before becoming chief justice, she wrote dissenting judgments in two cases, Taylor and Keegstra. Her opinion then was that the censorship sections of the Canadian Human Rights Act (CHRA) and the Criminal Code violated the Charter guarantee of freedom of expression, and that the violation was not justified in our free, democratic society. She therefore voted to strike down the censorship clauses as unconstitutional.

Justice McLachlin was outvoted in both Taylor and Keegstra by the narrowest of margins: 4-3. The majority of the 1990 court found both the CHRA and the Criminal Code provisions constitutional. However, Justice McLachlin penned a long and eloquent paean to freedom of expression, recounting its historical value as “an essential precondition of the search for truth,” a promoter of the “marketplace of ideas” and “an end in itself, a value essential to the sort of society we wish to preserve.”

Free-speechers hoped that, given another opportunity to exert her influence among an entirely different panel of SCC judges (she is the only member of the 1990 court still on the bench), she would be able to sway a majority to her 1990 views.

Instead, she herself has apparently abandoned those views, voting with a unanimous court (6-0) in the Whatcott case to uphold the main censorship clause of the Saskatchewan Human Rights Code.

February 28, 2013

“All rights guaranteed under the Canadian Charter of Rights and Freedoms are subject to reasonable limitations”

Filed under: Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 10:03

The Supreme Court of Canada demonstrated a lack of belief in the value of free speech in yesterday’s Whatcott ruling:

The very first line in the Supreme Court’s calamitous decision in the case of Saskatchewan (Human Rights Commission) v. Whatcott gives a clue to where it is going. “All rights guaranteed under the Canadian Charter of Rights and Freedoms,” it declares, “are subject to reasonable limitations.”

This is a legal truism, but as always it is as important what the Court did not say. It did not choose to begin a ruling on an important freedom of speech case with a ringing affirmation of the importance of free speech, or what an extraordinary thing it is to place restrictions upon it.

Indeed, in its haste to get on with the limiting, it did not even pause to properly quote the section of the Charter that grants the state such authority. The Charter “guarantees” the rights set out in it, Section 1 declares, “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” The limits don’t just have to be reasonable. They have to be “demonstrably justified.”

Where the Court’s view of such limits is expansive and approving, the Charter is grudging (“only”) and cautious (“demonstrably”). That’s as it should be. If we accept the bedrock premise of a free society, that government is its servant and not its master, then it is up to the state, always, to ask the citizens’ permission before it intrudes on their liberty, and to prove its necessity: it is never the citizen’s obligation to show why he may remain unmolested. That spirit is lamentably absent from the Court’s reasoning.

February 23, 2013

Provincial budgets range from less-than-accurate to verging on financial fraud

Filed under: Cancon, Economics, Government — Tags: , , , , , — Nicholas @ 10:43

Andrew Coyne, after a short diatribe about our first-past-the-post electoral system (he’s agin’ it), gets down to brass tacks about provincial finances:

As bad as the federal government is, the provinces are worse. And as horrendous as the provinces are generally, the record in some provinces borders on the fraudulent. Saskatchewan and Alberta, for instance, have overspent their budgets in the past decade by an average — an average — of nearly 5%. And since each year’s overshoot becomes the baseline for next year’s budget, the cumulative impact is to produce spending, in the fiscal year just ended, vastly larger than was ever specifically authorized in advance: in Saskatchewan’s case, nearly 40% larger.

That’s as best the [C. D. Howe Institute] can make out. Provincial accounting is notoriously haphazard and inconsistent. Not only does each province use its own rules and procedures, making it impossible to compare the public accounts from one province to another with any confidence, but in several provinces — Newfoundland and Quebec are the worst offenders — the public accounts are not even stated on the same basis as the budget.

And while the public accounts must ultimately prevail, efforts to reconcile the two sets of figures, and to explain the discrepancies, remain spotty. In some provinces — Quebec, Saskatchewan, British Columbia — auditors have refused, repeatedly, to sign off on the books without attaching reservations.

So not only can voters have little confidence that governments will spend what they said they would, they can have little ability even to reckon how much they overspent, or to compare their own province’s performance with the others’. All in all, a thoroughly disgraceful performance. (Honourable exceptions: Ontario and Nova Scotia, though voters in both provinces have other reasons to doubt their governments’ fiscal candour.)

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