Quotulatiousness

November 21, 2024

“If the Federal Court of Appeal greenlights that standard for freedom of peaceful assembly … then governments would have the power to ban virtually every large protest”

Filed under: Cancon, Government, Law, Liberty — Tags: , , , , — Nicholas @ 04:00

In The Line, Josh Dehaas explains why Justice Mosley’s Federal Court decision earlier in 2024 didn’t go far enough to protect Canadians’ rights, specifically their right to assemble in large numbers where the government claims to think that things might get violent:

Arms of the Federal Court of Canada

Earlier this year, Justice Mosley of the Federal Court of Canada ruled that the invocation of the Emergencies Act in response to the Freedom Convoy protests was illegal.

There was a lot to like in that ruling, not least of which because it agreed with the official position of my organization, the Canadian Constitution Foundation.

First, Mosley agreed that the definitions of “national emergency” and “threats to the security of Canada” weren’t met by the federal government, thus invalidating their use of the Emergencies Act. Second, the Justice agreed that freezing bank accounts without a warrant violated the Charter right against unreasonable searches. Third, he agreed that the regulations that banned travelling to, participating in, and funding certain assemblies under threat of up to five years in prison violated freedom of expression.

But not all of Mosley’s ruling was commendable, from our point of view. What we didn’t like was a finding that the same regulations that violated expression because they banned a person from “merely going onto Parliament Hill waving a placard” regardless of whether that person had blockaded or breached the peace, didn’t also violate the Charter guarantee of freedom of peaceful assembly. How could that be? The CCF is asking the Federal Court of Appeal to overturn that finding when it hears the government’s appeal, most likely in early 2025.

This week, we got the government’s stunning and frankly, disturbing, response to that very point of contention. We expected the government to argue that the limitations to individuals’ rights to peaceful assembly were reasonable, given the need to deal with the protest writ large. That wasn’t their only claim.

Instead, the government pulled out an entirely novel line of reasoning, arguing that the Charter doesn’t protect assemblies if they might turn violent or breach the peace. If the Federal Court of Appeal greenlights that standard for freedom of peaceful assembly — establishing a new precedent on when Charter freedoms can be subject to limits — then governments would have the power to ban virtually every large protest. The federal government’s view that assemblies are not Charter-protected and can be blocked in advance if someone in the crowd might reasonably be expected to breach the peace cannot stand if we’re to have any meaningful right to peaceful assembly at all.

Canadian defence priorities – don’t listen to what they say, watch what they spend the money on

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

The Hub provides an edited transcript of what retired Lieutenant General Andrew Leslie (and former Liberal whip in the Commons) said to the Standing Committee on National Defence earlier this month, which shows very clearly where national defence ranks in Justin Trudeau’s world:

My intent is to offer some criticism of the status quo so that we can learn and then perhaps some sort of question period to get into some solutions. Essentially, in my opinion, “Strong, Secure, Engaged“, the precursor to the current defence policy, delivered nothing substantive in terms of modern military equipment, which saw Canada, in fact, become weaker, more insecure, and essentially absent from the deployable stables of troops required for either United Nation missions, or, of course, NATO.

The 2024 defence policy update of “Our North, Strong and Free” is no better, unfortunately, in that it promises some urgently needed equipment years from now, but nothing today. Indeed, the 2024 defence spend will be less than that of 2023. Of course, we’re well aware of what just happened down [in the] United States. Both Republicans and Democrats are united and increasingly vocal about telling Canada how disappointed, frustrated and fed up they are with Canada’s failure to defend itself and their allies, with a special mention on the Arctic.

Meanwhile, as we know, and I was involved in the last NAFTA renegotiations, that’s coming due at a time when a variety of key players down south have articulated clearly the base of 3 percent [of GDP spending on defence] looms on the horizon, and how defence, security, trade, and border security are all intertwined. At this time of crisis internationally, with what’s happening in the Middle East, in Ukraine, Canada’s military readiness is at its lowest level in 50 years. Canada spent last year, in 2023, more money on consultants and professional services than it did on the Army, Navy, and Air Force combined — which quite frankly, is madness.

The Army has over 50 percent of its vehicle fleets, which are awaiting spare parts and technicians. The Navy is struggling mightily — bless them — to keep elderly warships, a handful of them at sea, specifically in the Indo-Pacific, and they’re desperately short of trained sailors. The Air Force has been unable to participate in significant NATO deterrent exercises, either up north or over the oceans, in conjunction with our friends and allies, because they don’t have the pilots, the spare parts, or the money to fly the aircraft.

In the Arctic, which is many times larger than Europe, Canada has fewer than 300 military support staff who are not a deterrent — they’re essentially unarmed. Some of them are part-time, bless them, and about 1,600 Ski-Doos equipped with rifles, and Canadian Rangers who are not combatants. Their role is to observe and report.

The bottom line is that Canada has no permanently assigned combat elements to deter potential presence by the Russians or the Chinese, who are showing up in our waters with increasing frequency. But other people do. Russia specifically has between 25,000 to 35,000 combat troops deployed in their Arctic with huge amounts of operational equipment — air, land and sea. The United States, bless them, has 22,000 full-time military and part-time military professionals with more equipment than the entirety of the Canadian Forces in terms of combat delivery. So really, thank you America for defending our Arctic.

We are facing unprecedented dangers and challenges, and quite frankly, I see no sense of urgency to change, to modify, to re-guide the efforts of the government towards supporting and assisting in the Canadian Forces.

Some facts. We have less than 35 military personnel deployed on UN missions; in 2003, we had close to 2,500. We are the only NATO nation whose level of military operational readiness is going down when everyone else is skyrocketing up. We have the longest and least efficient procurement system in NATO; indeed, in any nation that I can find. We are the only nation in NATO that does not have a costed plan to get to 2 percent of GDP, which was first agreed to by the minister of defence in 2008 and reiterated in 2014, 2015, 2016, 2017, and I could go on. We are the only NATO nation whose defence minister has publicly admitted that he could not convince his fellow cabinet members of the importance of NATO defence spending, and the 2 percent GDP. And, as mentioned already, we’re the only NATO nation whose defence budget decreased this year.

Emphasis mine.

1966: Chieftain Tank Simulator | Tomorrow’s World | Retro Tech | BBC Archive

Filed under: Britain, History, Military, Technology — Tags: , , , — Nicholas @ 02:00

BBC Archive
Published Jul 15, 2024

“All the tension, the excitement, and indeed the technical demands of driving a modern tank into battle … but, in fact, I haven’t moved a yard.”

Raymond Baxter test drives the British Army’s Chieftain tank simulator, used for training tank drivers. The illusion is created using a large 1:300 scale model of the battlefield, a computer, and a roving mirror connected to a television camera. The battlefield can be altered simply by swapping out the model trees and buildings.

Mr Baxter can attest to how realistic the experience is, and it costs just one tenth of the price of training in a real Chieftain tank.

Clip taken from Tomorrow’s World, originally broadcast on BBC One, 28 September, 1966.

QotD: The 1965 Immigration Act

Filed under: Government, History, Politics, Quotations, USA — Tags: , , , , , — Nicholas @ 01:00

Caldwell’s account is indispensable — especially for liberals — in understanding how those resentments grew until they finally exploded under Barack Obama. The Tea Party was the first real movement of this sort; the collapse of immigration reform proposals under George W. Bush and then under Obama revealed how powerful these feelings were; Trump managed to wrap them all up into a populist fervor that was distributed geographically enough to give him a win in the Electoral College. Liberals, increasingly ensconced in their own economic and social bubble, were shocked.

Caldwell’s book is far too nuanced and expansive to cover here. But he identifies key moments and key changes. The 1965 Immigration Act was the beginning of a huge experiment in human history. It was complemented by open bipartisan-elite toleration of mass undocumented immigration across the southern border. And civil rights became something other than ending racial discrimination by the state: It became a regime of ending discrimination by individuals in economic and social life; then it begot affirmative action, in which race played an explicit part in an individual’s chance of getting into college; and it culminated in the social-justice agenda, which would meaningfully do away with the American concept of individual rights and see it replaced by a concept of racial group rights. Caldwell sees the last 50 years as a battle between two rival constitutions: one dedicated to freedom, the other to equality of outcomes, or “equity.” And I think he is right to see the former as worth fighting for.

But how do we get out of this trap? That’s where the depression sinks in. Neither Caldwell nor Klein see a way back to a common weal and a common good. Ezra offers some technical corrections — ending the Electoral College, the filibuster, and winner-takes-all voting. And they might help, although their potential unintended consequences should be carefully considered. Then he recommends meditation to control our own primal instincts — a role that Christianity traditionally held. (I don’t disagree with Ezra on the benefits of meditation, but it’s hardly a game-changer in America in 2020.) Caldwell proposes something far more drastic: a repeal of the 1964 Civil Rights Act. Yes, you read that right. The proposal’s perversity matches its impossibility — and it’s buried in one sentence on the penultimate page of the book.

So much of Caldwell’s polemical history is fresh air; but the bleakness of its reactionary mood reveals how tribal Caldwell has become. He can barely eke out a few sentences reluctantly acknowledging some of the good things that the last 50 years have brought — in the lives of many women, in the prospects for African-Americans, in the dignity of homosexuals. He never acknowledges that Obama actually stood a chance of healing racial divides, if the GOP hadn’t demonized him from the start. And as an old friend of Chris’s, I know him to be a more gracious and humane person than this polemic might, at times, suggest. But that such a good man has gotten caught up in polarization and tribalism and such a brilliant man sees no hope for a peaceful resolution merely reveals how deep our problem is.

I have a smidgen more optimism. I see in the long-delayed backlash to the social-justice movement an inkling of a new respect for individual and creative freedom and for the old idea of toleration rather than conformity. I see in the economic and educational success of women since the 1970s a possible cease-fire in the culture wars over sex. I see most homosexuals content to live out our lives without engaging in an eternal Kulturkampf against the cis and the straight. Race? Alas, I see no way forward but a revival of Christianity, of its view of human beings as “neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus”. This means such a transcendent view of human equality that it does not require equality of outcomes to see equal dignity and worth.

Yes, I’m hoping for a miracle. But at this point, what else have we got?

Andrew Sullivan, “America Needs A Miracle”, New York, 2020-01-31.

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