Quotulatiousness

October 13, 2011

Canadian liberty: “The entitlement to consume milk, raw or otherwise, is not a Charter-protected right”

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:31

Karen Selick reports on a recent court decision that shows just how far Canadians’ liberties are constrained by the judiciary:

Dairy farmer Michael Schmidt has been campaigning to legalize the sale of raw (unpasteurized) milk for 17 years. In 2010, he was acquitted on 19 charges by a justice of the peace who ruled that “cow sharing” was a legitimate way to provide raw milk to informed consumers who don’t live on farms.

On Sept. 28, a judge reversed portions of that decision and found Schmidt guilty on 13 charges.

But the judge ventured beyond the subject of raw milk, saying: “The entitlement to consume milk, raw or otherwise, is not a Charter-protected right.”

The implications are far reaching. If the judge is right about this, future courts could similarly declare that you have no right to eat meat, poultry, seafood, fruit, vegetables or grains, even if government approved. In short, you may have no right to eat anything at all.

[. . .]

In one very technical sense, the courts’ statements are accurate: There is no specific reference to milk, or indeed, any food in the Canadian Charter of Rights and Freedoms or the U.S. Bill of Rights. But both documents are equally silent about any right to get out of bed in the morning, to stretch, to brush your teeth, to use the bathroom, to put on clothes. If constitutions had to enumerate every single thing that North Americans normally consider themselves free to do, they would be a zillion pages long.

Instead, the people who drafted these constitutional documents used a simple shortcut to eliminate the zillion pages. They said that people had the right to liberty.

The Charter was, after all, designed to rein in government, not to rein in individuals. It did not purport to grant us our rights or freedoms; rather, it recognized that those freedoms already existed. It guarantees in its very first section that the state may not infringe on our freedoms except by “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

October 12, 2011

“There is no off-the-shelf exam [that can] detect sociopathic killers”

Filed under: Cancon, Law, Military — Tags: , , — Nicholas @ 12:55

Michael Friscolanti explains how former Colonel Russell Williams managed to avoid coming to the attention of the police for so long:

An elite officer who piloted prime ministers and the Queen—and oversaw the country’s largest air force base—was doubling as a depraved sexual predator who somehow managed to ascend the ranks without a whiff of suspicion. Grasping for an explanation, the Canadian Forces launched an “immediate review” of the way candidates are selected for senior command positions—and whether enhanced psychological testing might have revealed the real Russ Williams.

The answer, sadly, is no. Among hundreds of pages of internal military documents, obtained by Maclean’s under the Access to Information Act, is a draft version of that review. It confirms what leading experts have long maintained: there is no off-the-shelf exam that employers, armed forces or otherwise, can use to detect sociopathic killers. “Given the recent events in CFB Trenton, it is natural for the CF to question whether or not the organization could have identified a sexual sadist or predicted that an individual would become a serial sexual murderer,” the report says. But that “would be unrealistic to expect.”

Every recruit is subject to various levels of screening, including a criminal records check and an aptitude test. Members also undergo an annual evaluation that assesses past performance and potential for promotion. To be considered for senior command (colonels in the army and air force; captains in the navy), an officer’s file must be “thoroughly reviewed” and endorsed by a board of superiors who examine “personal characteristics, demonstrated leadership ability, education and professional development.” Nothing in Williams’s file, an impeccable 23-year career, offered the slightest hint of his alter ego.

The “Ontario education system [is] a remarkably clean and ongoing experiment in the effects of school choice”

Filed under: Cancon, Economics, Education, Government, Liberty — Tags: , , — Nicholas @ 08:22

Stephen Gordon explains why Ontario’s two parallel school systems are helping to prove the efficacy of school choice:

Public funding for the Ontario separate school system is sometimes a controversial topic for reasons I won’t get into here. But by offering one set of parents with the choice of which school they can send their children, the Ontario education system has set up a remarkably clean and ongoing experiment in the effects of school choice. Catholics have the choice of sending their elementary-school aged children either to separate or to public schools, and non-Catholics do not have this choice.

Elementary school administrators in the two systems face very different constraints:

  • Public schools have a monopoly on non-Catholics who can’t afford private school.
  • Separate schools face a clientele that always has the option of switching to the public school system.

Of the two, separate school administrators have the greater incentive to provide higher-quality education: if the separate system were widely known to be dysfunctional, it would likely disappear.

Basic economics would predict that the competitive pressures on separate school administrators would provide stronger incentives to provide better education outcomes. And that seems to be just what is happening. A recent study (pdf) by McMaster University economists Martin Dooley and Abigail Payne in collaboration with UC-Berkeley’s David Card that examine these effects finds “a statistically significant but modest-sized impact of potential competition on the growth rate of student achievement.” In a related study using similar data, a CD Howe study done by Wilfrid Laurier’s David Johnson finds that of the 13 ‘above-average’ school boards, 11 are in the separate school system, while none of the 10 ‘below-average’ school boards are.

October 11, 2011

Stephen Gordon: There is no case for Canada to “do something” about jobs

Filed under: Cancon, Economics, Government — Tags: — Nicholas @ 09:17

One of the side-effects of living right next door to the US is that Canadians often have more information about the state of the economy in the US than they do about their own economy. Calls for the federal government to “do something” about jobs is a good example:

But it doesn’t make much sense for Canada to ‘do something’ about job creation because of problems in the U.S. labour market. Why would anyone look at U.S. data and go on to infer that the rate of job creation in Canada requires a policy response?

[. . .]

The best proxy I’ve been able to find for the hiring rate is the number of workers who have been at their current jobs for less than three months. Movements in the number of people hired should show up here, albeit with a certain lag. As far as I can make out [. . .] the hiring rate fell significantly in 2009, but returned to trend in 2010. The data from 2011 are consistent with those of the boom years of 2005-2007.

Calling for the government to ‘do something’ about job creation when hiring rates are already at pre-recession levels is puzzling. At best, it is a demand that the government undertake busy work: activities that achieve little beyond demonstrating that it is ‘doing something’. And judging from the response, it is also a demand that the government is happy to meet.

October 9, 2011

Rick Mercer on the War of 1812 Bicentennial

Filed under: Cancon, History, Humour — Tags: , — Nicholas @ 13:58

Matt Gurney: Even the media were bored by the Ontario election

Filed under: Cancon, Government, Media, Politics — Tags: , , , — Nicholas @ 13:07

Did you find the recent Ontario election a big snore-fest? You’re not alone. So did the journalists covering the “festivities”:

Ontario politics is a bit dull at the best of times, but that’s unfortunate. It’s a large, populous province, with the economy to match. It’s troubled now, battered and bruised from years of mismanagement and the global economic crisis, but it’s still the centre of Canada’s economic gravity. Ontario needs to do well.

And yet, even by the usual standards for snooze-inducing Ontario partisanship, last week’s election was lame. The Liberals, under Dalton McGuinty, essentially breezed through it, never saying much. Whenever a punch was thrown — and not many were — they seemed to just bounce off the inexplicable forcefield that somehow protects Mr. McGuinty from consequences for his electoral missteps. The Tim Hudak-led PCs made the mistake of thinking that Ontarians were eager to vote them into power, and then ran a tone-deaf campaign that was only notable for its costly mistakes. The proof of that is found in the exit polling data: The Tories focused obsessively on Dalton McGuinty’s record of tax hikes, branding him “the Tax Man.” But only 15% of Ontario’s voters identified that as their main worry, meaning that the PCs’ biggest ad buy missed 85% of the electorate. And the NDP, under Andrew Horwath, mainly offered ridiculous suggestions like protectionist Buy Ontario legislation and arbitrarily freezing some consumer prices for purely political purposes. Outside of northern Ontario, not a lot of people think that’ll do much good.

The voter turnout reflected that: It’s estimated right now to have been roughly 49%, less than half of eligible voters. There’s cause to fret about that, and wonder what’s to be done, but for now, let’s just accept that rather than a sign that our democracy is broken, or doomed, it’s really what Rex Murphy said it was in his Saturday column — a deliberate rebuke of all the parties by a frustrated, insulted electorate. A pox on all their houses, as it were. If so, there was some early warning that that would be the case — even the journalists whose job it is to muster up excitement for politics had a hard time concealing their displeasure during this campaign.

I found it interesting that one of the most popular posts I’ve put up in the last several months was the one about how to refuse your ballot under Ontario’s election law. That’s certainly an indication of the relative level of voter disenchantment with the candidates and parties.

October 7, 2011

Matt Gurney: Caledonia, the election issue that wasn’t

Filed under: Cancon, Government, Politics — Tags: , , , , , — Nicholas @ 12:15

After a quick run-down of why the Tories blew the election (their bucket of snot campaign offerings that differed only in slight degree from the Liberals) Matt Gurney explains why McGuinty’s win is tragic:

It’s because of one word, a word that was barely spoken during the campaign: Caledonia.

The story is familiar, but warrants recapping: In 2006, sections of that small town were occupied by Six Nations native “protestors” (read: thugs) who were protesting the development of a new subdivision that the thugs believed encroached on their land. The native thugs terrorized local residents, driving some from their homes. Citizens, and police officers, were assaulted. Public property was destroyed.

The Ontario Provincial Police did nothing, despite the palpable shame of many of the officers who were clearly humiliated at standing by and doing nothing while the law was flagrantly broken before their eyes. It was clear to any observer that they had been ordered to simply keep the sides separated and not worry too much about such trivialities such as arresting criminals and detaining them until the Crown could lay charges. They were, as Dalton McGuinty told our editorial board last month, peacekeepers. As he said then, he wished he could give them all a blue helmet.

Nice, fluffy sentiment. Premier Dad at his best. But there’s a problem with it: The police are not peacekeepers. That’s the military’s job. The job of the police is to enforce the law. And it’s not a small difference. Our entire civilization hinges upon the public trusting the government to maintain the lawful peace and at least a rough approximation of justice. In Caledonia, the Liberals didn’t even try.

Expect to hear a lot of “analysis” from the Voter Turnout Nerds

Filed under: Cancon, Media, Politics — Tags: , , — Nicholas @ 09:06

Colby Cosh gets in a pre-emptive strike against the folks for whom 100% voter participation is the only worthy result:

Get ready for the Voter Turnout Nerds: you’ll be hearing from them today. Oh yes. It would not be like them to stay silent after an Ontario election in which fewer than half of technically eligible voters appear to have cast a ballot. The Turnout Nerds don’t care who won or who lost: they care about the mathematical purity of the electoral exercise. They’ll be everywhere you look in the media, ready with their diagnoses and their nostrums and, most of all, their disapproval.

It’s not the people who have let us down, they’ll tell us; it’s the government that has let the people down, fostering apathy (most heinous of all political sins) by failing to implement Brilliant Idea X or Salutary Scheme Y. But at what point do the people, apparently so deaf to the allure of electoral reforms and renovations, stop believing the Turnout Nerd’s comforting assurances of goodwill? Nothing seems to raise the holy quantity of Turnout very effectively. Any momentary rise seems to be followed by a more precipitate plunge. Are the electorate and the Turnout Nerds headed toward a frightful mutual collision with terrible truths about democracy?

October 6, 2011

Hugh MacIntyre vainly tries to tell libertarians how to vote

Filed under: Cancon, Politics — Tags: , , — Nicholas @ 12:05

Herding cats is easy compared to getting libertarians to agree to do anything as a group. He tries, nonetheless:

Deciding how to vote in today’s provincial election in Ontario has been very difficult for me. For the first time, I have been given the opportunity to vote for one of two political parties that both have important things to say and are both offering platforms that will bring true prosperity to the province of Ontario. I have had to take a serious look at both political parties and decide which one truly deserves my vote. I speak of the Freedom Party and the Libertarian Party.

I am fortunate that both political parties are running a candidate in my riding (St. Paul’s) and so I don’t have to pick between vomiting and not voting.

Both parties offer a vision of a more modest state that does not unnecessarily interfere with the lives of individuals and recognizes the free market as the primary driver of prosperity. There are some nuanced policy differences between the parties, but they are so small, that it was not enough to base my decision upon. I’m confident that Ontarians would be better off with either party in power.

I don’t have a libertarian to vote for, but we have a Freedom Party candidate. As I can’t bring myself to vote for either of the evil-twin centre-left parties (Progressive Conservatives or Liberals), or the real left (the NDP), or the enviro-fascists (the Green party), I have the choice of declining my ballot or voting for Douglas Thom (Freedom Party).

Britain suffered higher proportional casualties than the US in Afghanistan

Filed under: Asia, Britain, Cancon, Military, USA — Tags: , , , — Nicholas @ 10:04

A brief item from Strategy Page on the relative casualties suffered by the major allied combatants over the course of the Afghanistan campaign:

In ten years of combat in Afghanistan, some 2,700 foreign troops have died. Most (67 percent) were American. The next two nations in terms of combat losses were Britain (14.1 percent) and Canada (5.8 percent). Adjusted for population size, Britain suffered five percent more combat deaths than the United States. On the same basis, Canada suffered about 80 percent as many deaths as the United States.

All three of these nations had their troops in the south (Kandahar and Helmand provinces, where most of the heroin came from) or along the southeast border (mainly Pakistan’s North Waziristan area, long a sanctuary for Islamic terror groups). There were a few other NATO nations, plus Australia, that had small contingents in the south, but most NATO nations put their troops in more peaceful north, with orders to stay out of trouble and avoid casualties.

Why the LCBO isn’t like Foodland Ontario

Filed under: Bureaucracy, Cancon, Food, Government, Wine — Tags: , , — Nicholas @ 09:01

Michael Pinkus tries to decide who to vote for in today’s Ontario election on the basis of who’d be the most likely to put Ontario’s wineries on an equal footing with foreign wineries in their own province:

It’s election day, and I don’t want to take up a lot of your time on a day when you should be concentrating on who to vote for. Over the past few months I have given you food for thought from Tim Hudak’s vision of the wine industry in Ontario to Andrea Horwath’s working with the LCBO option, and I heard or received nothing about the reigning Liberal party’s platform on the subject of the wine industry, I guess for them it will remain status quo. So I guess it’s up to you to decided where your loyalties lie and who you chose to believe as to what difference they’ll make, if any.

[. . .]

Part of an email I received about election promises …
“David Peterson campaigned on putting wine in corner stores in 1985 and he won — twice!
Mike Harris campaigned on putting wine in corner stores in 1995 and he won — twice!
Where are those promises in this campaign [I need to know who to vote for].”
– John

[. . .]

The LCBO affects all wineries in Ontario, but truthfully it is not the sole fault of the liquor board, they are just following their mandate to make money for the government. Two days before the election, the Grape Growers of Ontario released this plea:

“Consumer access to the wines made from Ontario grapes is a keystone issue for the future success of the industry, and unless Queen’s Park is willing to make substantive changes to the way it promotes and sells Ontario wines, the industry will continue to tread water … The domestic market share of Ontario wines is stagnant at around 39% while other winemaking regions are flourishing in their own backyard, some with market shares in excess of 90% … By making changes in the way the LCBO presents Ontario VQA wines on its shelves, how many Ontario VQA labels are available and how those wines get onto the LCBO list, accompanied by an increased, year-round promotional effort within the LCBO, the sales of Ontario’s wines will grow.”

They’re not telling you who to vote for, but they are asking you to be mindful of your vote. But I think it’s more to do with what happens after the election that counts, not the foreplay leading up to it. After the euphoria of victory has subsided we have to hold elected officials to what they promise, or pressure them to give us better and help our wineries, who are after all, tax payers themselves, yet work in a very restricted and restrictive environment. As a lover of Ontario wine you have to demand more. As the Grape Growers point out in that same plea: “We want to see provincial politicians who understand that marketing foreign wines in an agency owned by the province is like Foodland Ontario launching a promotion of Georgia peaches. It’s just not right. We can no longer afford to just sit back and watch.” Now that would be a nice change.

October 5, 2011

The police are not subject to the rules they enforce on gun owners

Filed under: Cancon, Law, Liberty — Tags: , , , — Nicholas @ 11:52

Lorne Gunter itemizes some of the many, many ways that legal gun owners in Canada can be tripped up by vagaries and inconsistencies in the law:

Since Bill C-68 became the law of the land more than 15 years ago, one of the most common charges police have laid against gun owners has been for unsafe storage. The reason for this is that the federal firearms law is very unclear about what constitutes safe and unsafe storage.

Is it enough to have one’s firearms locked away in a gun safe or must they also have trigger locks installed? How secure must the safe’s lock be: strong enough to keep a thief out for two minutes? Five? Fifteen?

Is it OK to store ammunition in the same safes as guns or must bullets and shells be in separate safes from one’s firearms? Must the two safes be in separate rooms?

There are no hard-and-fast rules, so in some provinces, unsafe storage provisions have become catchalls. In Ontario, for instance, most frontline officers have been trained to lay unsafe storage charges against any gun owner whose firearm lacks a trigger lock, even if the owner had just removed the lock so he could use his firearms to defend his home or family against intruders.

These unwritten rules make self-defence next to impossible. You are permitted by law to use a gun to defend yourself and your home against an armed intruder, but you cannot remove the locks on your guns to defend your loved ones, yourself or your property unless you’re willing to be charged with unsafe storage.

Perhaps the unsafe storage rules are should be called a Catch-22 rather than a catchall.

Oddly enough, the police don’t hold themselves to the same standard that they so unevenly enforce on the citizens. According to a recent FOIA result, police forces in Canada have lost more than 400 firearms over the last three years, but no police officers have faced criminal charges or loss of their jobs over these losses. Yet another way that the police have different rules than ordinary citizens.

Ontario election: pick a poll, any poll

Filed under: Cancon, Media, Politics — Tags: , , , , — Nicholas @ 10:55

Nobody knows what the result of Ontario’s election tomorrow will be . . . and the polls are even less effective than usual because they all report significantly different outcomes:

The latest poll by Angus Reid for the Toronto Star has the Tories ahead of the Liberals by three points, at 36 per cent and 33 per cent, respectively. The NDP has 26 per cent public support.

However, an Abacus survey for the Toronto Sun has the Liberals ahead by the same three-point margin, with the NDP at 24 per cent.

Both these numbers suggest a minority government for either party.

But, the Ipsos poll released Tuesday night show the Liberals heading for a majority, with a 10 point lead at 41 per cent. The Tories are at 31 per cent and NDP at 25 per cent.

Ipsos vice-president John Wright told 680News this poll could mean McGuinty will be heading back to Queen’s Park with a majority of seats.

The only consistent result is showing the NDP peaking at 25-26%, which may indicate the “halo effect” from the last federal election (where the NDP made impressive gains to become the official opposition) and the subsequent death of federal NDP leader Jack Layton.

Update: Kelly McParland offers an explanation for not just the current schizophrenia in the polls, but the entire election narrative:

No wonder voters are confused (or uncaring, which is more likely the case). If the MSM can’t make up its mind, how are mere voters supposed to, especially having paid the campaign no attention at all, other than by turning down the sound when some of the more offensive union-financed-but-not officially-supporting-McGuinty TV ads popped up. Personally I think the fault lies not with the electorate, which has had to vote in so many elections since 2006 that it can barely keep track of which party is breaking its promises any more, but with pundits, and especially with the Official Narrative, which was sent out from Pundit Headquarters in the midst of the summer doldrums, when most of the Ottawa pundits were either dozing in the backyard while pretending to work, or lazing at the cottage, where BlackBerry reception can be spotty. Some Ottawa golf courses also frown on the use of BlackBerries on the premises, which can add to the difficulty. Ottawa in the summer goes into a semi-permanent snooze, unlike Washington, where the war on one another never stops.

Having missed or misread the Official Narrative, pundits continued to insist that Tim Hudak was winning the race, when in fact there was no race. To have a race, you have to have voters who care in the slightest, which no one in Ontario did. This misconception arose because pundits continued to receive polls suggesting the Conservative leader was wiping the floor with the Liberals, and treated them seriously. Mr. Hudak was reported to be 10 or 20 points ahead. Big mistake. At the best of times, polls should be held with no more than two fingers at a time, and well away from the body. Polls taken during the summer, weeks before the official campaign has been declared, should be sprayed first with disinfectant, then deleted unread. I suspect Mr. Hudak never really had the lead he was given credit for, which made it inevitable that when the imaginary bulge suddenly disappeared, he would be blamed for frittering it away. Mr. McGuinty is now being hailed as a genius of the hustings, having somehow resurrected his party even as Ontarians continue trying to figure out how he got the job in the first place. This is being called “momentum.”

October 4, 2011

Ottawa Citizen: “The election was Tim Hudak’s to lose and he appears to have done so”

Filed under: Cancon, Media, Politics — Tags: , , , , — Nicholas @ 09:35

Just a few short months ago, the Progressive Conservatives were so far ahead in the polls that holding an election seemed like a mere formality. How times change. Tim Hudak may still have a mathematical chance to lead his party into government in this week’s Ontario election, but even if he does, it’ll be a bare minority based on current polls. After a series of cringe-inducing announcements before the campaign (chain gangs? really?), the blame lies directly on Hudak and his team who decided that after all this time Ontario really just wanted another Dalton McGuinty.

The Ottawa Citizen suggests that voters should hold their noses and vote Liberal:

When Ontario voters mark their ballots on Thursday, many will be holding their noses with their other hands. There is no clear choice for who should lead this province into what will likely be an economically very difficult four years.

The election was Tim Hudak’s to lose and he appears to have done so. In July, his Progressive Conservatives were polling well in majority territory. Hudak, himself, was a pleasant surprise. He is composed and confident in person. On meeting Hudak in August, this editorial board was convinced McGuinty was in serious trouble. Hudak was clearly able to give voice to the frustration of the electorate with eight years of Liberal rule. But he needed to do more than that. He needed to offer Ontarians an alternative.

In most major policy areas there’s little to distinguish the PC platform from the Liberals’. They would raise health care and education funding by identical amounts and trim public spending in other areas to a similar degree.

For those of you who choose not to hold your noses at the polling station, if you don’t have an acceptable candidate in your riding you can still decline your ballot.

September 30, 2011

“Some things are eternal, like the stars above and the conflicted feelings towards the United States Canadians have in their hearts”

Filed under: Cancon, USA — Tags: , , — Nicholas @ 11:01

Matt Gurney recommends that the US worry about Boston before the start putting up fences on the US-Canadian border:

Oh, Lord, here we go again: The U.S. is (kind of) considering erecting a fence along parts of the U.S.-Canadian border, as well as various high-tech monitoring systems. This latest variation was floated by the American Customs and Border Protection Agency, but quickly dismissed by that same agency as merely a hypothetical after the report caught the media’s attention.

Whenever the U.S. considers — or hypothetically muses about potentially considering — additional security along the northern border, you can count on Canadians whipping their heads ’round in shock. “Keep out us?” they ask. “But … we’re Canadians. That’s like being American. Why would they want to keep us out?” Many of those same Canadians are the ones who become outraged if the United States does not genuflect in the requisite manner at the holy pillar of Canadian sovereignty and international importance. That’s non-negotiable for Canadians, because we’re not Americans, and Uncle Sam, with his war machines and ghetto scenes, had best not forget it. But as soon as Americans agree that we’re separate countries and try to act like it, much outrage ensues.

It’s a particularly irritating manifestation of the Canadian inferiority complex, but probably can’t be helped. Some things are eternal, like the stars above and the conflicted feelings towards the United States Canadians have in their hearts. At least this time, though, we’re not alone in looking kind of silly: If there’s anything as dumb as the Canadian double-think on whether we’re American enough for America, it’s the bizarre notion among our southern siblings that if they pay enough attention to Canada, they’ll be safe from terrorism.

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