Quotulatiousness

March 7, 2013

This is why I recently stopped linking to the National Post

Filed under: Business, Cancon, Media, Quotations — Tags: , , — Nicholas @ 15:18

Michael Geist explains:

… if someone wants to post a quote from Selley or anything else written by the National Post, they are now presented with pop-up box seeking a licence that starts at $150 for the Internet posting of 100 words with an extra fee of 50 cents for each additional word (the price is cut in half for non-profits).

[. . .]

None of this requires a licence or payment. In fact, the amount of copying is often so insubstantial that a fair dealing analysis is not even needed. Last year, the Federal Court of Canada ruled that several paragraphs from a National Post column by Jonathan Kay posted to an Internet chat site did not constitute copying a substantial part of the work. If there was a fair dealing analysis, there is no doubt that copying a hundred words out of an article would easily meet the fair dealing standard. In fact, the Supreme Court of Canada has indicated that copying full articles in some circumstances may be permitted.

I make no money from my blogging … in fact I pay money to maintain the web site. The idea of spending $150 per quotation from any source is pretty much a guarantee that I won’t be linking to that source very much at all. At about the same time the National Post brought in their pay-to-quote policy, they also launched a reader rewards program. The idea seemed to be that you log in to their site, it tracks everything you read and then you get a pony at the end of the day, or week, or month, or Baktun, or something. Or maybe not … I really didn’t pay too much attention.

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.

QotD: Canada Syndrome

It’s one of the marvels of the Canadian electorate. Show Canadians a special interest group that uses its government-granted privileges to fleece consumers, and they’ll embrace it as a “national champion,” a “uniquely Canadian way of life” or some equally vapid catch-phrase.

This is from the Wikipedia entry for Stockholm Syndrome:

    Stockholm syndrome, or capture–bonding, is a psychological phenomenon in which hostages express empathy and sympathy and have positive feelings toward their captors, sometimes to the point of defending them.

What we suffer from is the economic policy equivalent. Call it “Canada Syndrome”: a tendency for consumers to identify with the producer interests that are holding them hostage.

Stephen F. Gordon, “Our Stockholm Syndrome about supply management”, Maclean’s, 2013-03-05

March 5, 2013

Toronto the oh-so-sophisticated: riding crop sales up in Toronto, but not in the rest of the GTA

Filed under: Books, Business, Cancon, Media — Tags: , , — Nicholas @ 00:02

The Toronto Star takes the opportunity to remind their readers that Toronto tastes are so much more refined than those louts in the 905 who haven’t even heard of the Fifty Shades books:

Feeling strangely sadomasochistic these days?

It turns out you’re not alone.

Just ask Concetta Tucciarone, manager of the Greenhawk Harness & Equestrian Supplies store in North York, where sales of riding crops have mysteriously doubled during the past year or so.

The question is: why?

And the answer, apparently, has nothing to do with horses but owes everything to a sexually adventurous university student named Anastasia Steele and her dark, brooding passion for the mysterious young entrepreneur Christian Grey, “a man who is beautiful, brilliant, and intimidating.”

Plus: pretty handy with a riding crop.

Or, as the Marquis de Sade once wrote: “It is always by way of pain that one arrives at pleasure.”

This is a story about pain, pleasure — and equestrian goods.

Steele and Grey, as many readers doubtless know already, are the central characters in the decadent Fifty Shades trilogy of novels, a chart-topping publishing phenomenon penned by American writer E. L. James, a woman who has brought bondage and sadomasochism — and riding crops — into the North American cultural mainstream.

The in-crowd in Toronto are apparently thrashing away at one another in the approved style, but the peasants in the rest of the GTA still haven’t clued in:

“We have not noticed an increase at all,” says a sales clerk at the Picov’s Horsemen Centre in Ajax, who identifies herself only as Diane. “I guess in Durham Region, they’re not aware of those books.”

The same seems to be true at The Equine Emporium in Mississauga.

“Generally, we just sell to riders,” says sales clerk Jennifer Babos.

Ditto Carmen Griscti, owner of Baker’s Harness and Saddlery in Markham, who hasn’t detected a recent spike in riding-crop sales, either — but wishes he had.

“I wish I was downtown,” he says. “Can you imagine? I’d make a killing.”

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.

The headline really does say it all

Filed under: Cancon, Law — Tags: , , — Nicholas @ 09:51

Jon, my former virtual landlord, sent me a link to this article in the Toronto Star. I’m just gobsmacked:

Black police officer faces charges for not investigating racial taunts against himself
A black York Regional Police officer faces misconduct charges for his handling of a farm party turned ugly, when he was allegedly subjected to repeated racial taunts and told, “I would love to see that guy hanging from a tree.”

A black York Region officer faces Police Act charges for not investigating racial taunts thrown at him when he was called to a bush party.

Const. Dameian Muirhead, 33, is charged with three counts of misconduct for his handling of a farm party turned ugly, where he was allegedly subjected to repeated racial slurs and told, “I would love to see that guy hanging from a tree.”

Muirhead, an eight-year veteran, was charged with insubordination and discreditable conduct over the way he allegedly investigated the party on the Victoria Day long weekend in May 2011. A partygoer lodged the complaint, saying he was rudely treated — but Muirhead also faces a neglect of duty charge for failing to properly investigate the racial remarks.

A police disciplinary hearing which began Tuesday was told that Muirhead and other officers were sent to the party after a woman was seriously injured when run over by an off-road vehicle.

February 27, 2013

Parliamentary Budget Officer conducting “constitutional vandalism”

Filed under: Cancon, Government, Law, Media — Tags: , , , , — Nicholas @ 11:58

Senator Anne Cools is displeased by the PBO’s ongoing legal and media campaign against the Federal government:

An independent senator says the parliamentary budget watchdog, Kevin Page, overstepped his mandate by taking the government to court in a battle for spending figures, and the Senate should force Page to withdraw the legal proceedings.

In a speech to the Senate Tuesday, Sen. Anne Cools argued that Page’s regular comments to reporters and more recent comments to his international counterparts about his battles with the government over spending figures were “provocative and inflammatory public statements” that are “intolerable and unacceptable.”

Page’s actions, Cools argued, were tantamount to contempt of Parliament, were a breach of parliamentary privilege and were affecting the Senate’s credibility to carry out its functions.

“Contemptuous and un-parliamentary,” she said of Page’s actions and comments, “they are constitutional vandalism.”

“They are inappropriate conduct from a Library officer under the direction of the Speakers of the Senate and the House of Commons. This Senate cannot accept this and should take some ‘shock-no-more’ actions.”

February 26, 2013

Budget cutting gets real in Ottawa

Filed under: Cancon, Government — Tags: , — Nicholas @ 11:11

David Akin tweeted some news about upcoming budget cuts for various Canadian government agencies:

February 25, 2013

What Argo doesn’t show about “The Canadian Caper” of 1979

Filed under: Cancon, History, Middle East, USA — Tags: , , , , , — Nicholas @ 13:15

In Maclean’s, one of the American diplomats who took part in the actual hostage drama in Tehran provides a bit of supplementary material to the film Argo:

Ben Affleck’s Argo has stormed box offices, collected awards [. . .] yet Canadians of a certain age may find themselves thinking: This is not quite how I remember those days. I was there when Iranians took over the American Embassy in Tehran, and it is not quite how I remember them either. Argo is terrific entertainment, but it tells only a part of our story, and says nothing at all about many of the real heroes — most Canadian — who helped rescue us. Before Argo came along, our rescue was routinely called the “Canadian Caper.” It still should be. The operation consisted of four distinct phases. Three were almost entirely Canadian, and only one involved significant U.S. assistance.

For those not of a certain age, a brief summary is a good starting point. Nov. 4, 1979 brought cold rain and hinted of trouble of a different sort. Two weeks earlier, then-president Jimmy Carter decided to admit the former shah of Iran to the U.S. for cancer treatment. Iranians were outraged; many suspected it was a plot by the U.S. Central Intelligence Agency to remove Iran’s new ruler, Ayatollah Ruhollah Khomeini, and put the shah back in charge. Protests outside Tehran’s U.S. Embassy had become daily occurrences. That November morning, demonstrators climbed the gate and soon controlled the compound.

[. . .]

Phase four always receives the least attention. The U.S. government was desperate to keep the CIA’s role secret, rightly fearing its disclosure might endanger the hostages (who weren’t freed until 1981). This concern was sufficiently real that we were asked to live under false names in Florida until the hostages were set free. I was looking forward to seeing how many speeding tickets my alter ego could accumulate, but La Presse decided to publish Jean Pelletier’s story once the Canadian Embassy in Tehran had closed. We came home to a rousing reception and the Canadians were asked to claim complete credit for our escape. That job understandably fell to ambassador Taylor, who spent the better part of a year on the rubber chicken circuit at receptions to honour the Canadian government and people for helping us. Some have said he did the job too well, or failed to share the credit with other embassy staff. My own experience contradicts this. I heard Taylor speak several times. He always mentioned his staff. I also tried, during press interviews I gave, to mention others, particularly the Sheardowns. My comments were edited out. It seemed the press could handle only one hero at a time. Unfortunately, this meant John Sheardown, who was indispensable in phase one, became invisible in phase four. I truly believe John did not care. He did his duty as he saw it. For those who loved and respected him, it was painful.

[. . .]

As I wrote at the beginning, Argo is a wonderful film. Not because it is historically accurate, but because, aside from its technical brilliance, it reminds us of a time when ordinary people performed great deeds, and two neighbours that feud over many small and not so small things came together and did something magnificent. Maybe it didn’t change history, but for we six house guests it was truly life changing. And it was, and should always remain, the Canadian Caper.

Worst. Student movement. Ever.

Filed under: Cancon, Education, Government — Tags: , , , — Nicholas @ 11:04

The FEUQ speeds into the global lead for worst student movement ever:

I’m trying to imagine a worse excuse for a student movement than the one Quebec has at the moment; and I have to say that I’m not sure I can.

I mean, sure, the Canadian Federation of Students has talked some awful crap about how reducing net tuition for poor students is unacceptable, unless richer kids get a break too — really ludicrous stuff, which objectively favours richer students over poorer ones. But so far as I know, they’ve never actively aided and abetted a government that was intent on making universities poorer.

But that’s what FEUQ, and the rest of the Quebec student movement, seem to be doing right now.

[. . .]

FEUQ’s train of thought seems to run something like this: 1) Universities want more money; 2) the provincial government is broke; 3) therefore, new money can only come out of tuition fees; 4) therefore, we’d better oppose this. The problem is, if you concede point 2 you’re more or less screwed in terms of asking something for yourself, like a more generous student aid system (which Quebec certainly needs, at least for dependent students). And you’ve gone and hacked-off one of your most natural allies as far as higher education is concerned.

H/T to Stephen Gordon for the link.

February 23, 2013

QotD: “Cultural Sovereignty” (aka piracy)

Filed under: Cancon, Government, Media, Quotations — Tags: , , , , — Nicholas @ 10:52

Canada originally became one of the most wire-cabled countries in the world because of the insatiable and inviolable addiction of English-speaking Canadians to American programming. To salvage a television industry in Canada, the regulators approved the acquisition of American programming by Canadian channels, which would simulcast them with the networks by or for which they were produced. The Canadian channels were authorized to sell and insert their own advertising on those American programs. This practice, outright piracy in fact, was justified by Canadian media executives as an exercise in “cultural sovereignty” when they appeared before U.S. congressional committees.

Conrad Black, “Opening up the must-carry spectrum”, National Post, 2013-02-23

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.)

The DHS paperwork error that resulted in a boat being seized

Filed under: Bureaucracy, Cancon, Government, USA — Tags: , , , , — Nicholas @ 09:15

There are few things more frustrating to deal with than officious bureaucrats with a rule book (and a gun). Here’s an example of how “the rules” matter more than common sense or rationality:

DHS takes documents supplied by the builder and creates a government form that includes basic information about the boat, including the price.

The primary form, prepared by the government, had an error. The price was copied from the invoice, but DHS changed the currency from Canadian to U.S. dollars.

It has language at the bottom with serious sounding statements that the information is true and correct, and a signature block.

I pointed out the error and suggested that we simply change the currency from US $ to CAD $ so that is was correct. Or instead, amend the amount so that it was correct in U.S. dollars.

I thought this was important because I was signing it and swearing that the information, and specifically the price, was correct.

The DHS agent didn’t care about the error and told me to sign the form anyway. “It’s just paperwork, it doesn’t matter,” she said. I declined.

She called another agent and said simply “He won’t sign the form.” I asked to speak to that agent to give them a more complete picture of the situation. She wouldn’t allow that.

Then she seized the boat. As in, demanded that we get off the boat, demanded the keys and took physical control of it.

What struck me the most about the situation is how excited she got about seizing the boat. Like she was just itching for something like this to happen. This was a very happy day for her.

February 22, 2013

Andrew Coyne: Liberals still trying to avoid serious reforms

Filed under: Cancon, Media, Politics — Tags: , , , , , — Nicholas @ 00:01

Andrew Coyne tries to explain why the Liberal Party of Canada increasingly looks like it will embrace Justin Trudeau as its new saviour leader.

Perhaps it was an impossible thing to expect. Perhaps it was even unfair. To demand that the Liberal Party of Canada, after a century and more as the party of power, should reinvent itself as a party of ideas; that it should, after a string of ever-worse election results culminating in the worst thumping in its history, ask itself some searching questions, including whether Canada still needed a Liberal Party, and if so on what basis — perhaps it was all too much to ask.

Because, on the evidence, the party isn’t capable of it. Or perhaps it simply doesn’t want to. Either it does not believe such a process is necessary. Or it does, but can’t bear it. Whatever may be the case, nearly two years after that catastrophic election, the party shows no interest in reinventing itself, still less in any healthy existential introspection. The policy conference that was to be the occasion for this came and went; the months that followed were similarly void.

[. . .]

Because the party seems determined to give itself to Justin Trudeau, come what may. Now, it is true that Trudeau has himself offered up a policy morsel or two. He favours liberalizing the drug laws and accepting takeovers by foreign state-owned enterprises in the oil sands. He opposes tightening Quebec’s language laws and boutique corporate tax credits. He was for the long-gun registry, but is against bringing it back.

But beyond that? He has his father’s views on the Quebec question, without doubt. But the only broad statement of his economic policy we have is his unswerving devotion to “the middle class.” And while the same criticism could be made of the other candidates — a grab bag of positions does not add up to a philosophy, still less a raison d’etre for the party — only Trudeau has made a virtue of his opacity. To take more forthright positions now, he argues, would prejudge the sorts of grassroots consultations he intends to hold — after he is leader.

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