Quotulatiousness

April 30, 2011

“When police decide they need to make an arrest, he said, they find a way to make an arrest”

Filed under: Cancon, Law, Media — Tags: , , , , , — Nicholas @ 11:38

Not the finest day in Albertan justice:

Charges have been dropped against three Alberta men accused of shooting dead a pregnant wild horse and tossing its body down a hillside. For more than a year, the RCMP and the Crown were sure they had the right guys. They even charged the then-12-year-old son of Jason Nixon, one of the accused. But then, just as the trial began, the defence produced an important piece of exculpatory evidence: The horse hadn’t been shot.

The Mounties had assumed it had been. They were operating on a tip from a man named Dave Goertz. Mr. Goertz, as everyone involved in the case knew, was a crackhead and a meth addict. He reported the crime after a local group that defends Alberta’s wild horse population posted a $25,000 reward.

[. . .]

Apparently, the word of a drug addict was enough for the guardians of our justice system to arrest three innocent men and run them all the way to trial, costing them their jobs, a small fortune and untold grief.

[. . .]

The horse had been badly decomposed, apparently, by the time police found it, so determining whether it had been shot wasn’t possible. And yet, lacking critical evidence, the province proceeded with its prosecution for wilfully killing and careless use of a firearm. The three men faced a maximum of five years in prison.

This kind of thing, said defence lawyer Willie deWit, “is what happens in our system a lot of times.” When police decide they need to make an arrest, he said, they find a way to make an arrest. They ignore anything that might exculpate the accused, and seize on anything that feeds their assumptions of guilt.

April 29, 2011

Toronto Star: War crimes investigation possible for Canadians in Afghanistan

Filed under: Cancon, Law, Military — Tags: , , , , — Nicholas @ 15:52

The International Criminal Court seems to think that Canadian officials may be complicit in war crimes over the Afghan detainees:

Prosecutor Luis Moreno-Ocampo says in a documentary soon to be aired on TVO that Canadian officials are not immune to prosecution if there is evidence that crimes were committed by handing over detainees to face torture.

When Toronto filmmaker Barry Stevens asked Moreno-Ocampo in his film, Prosecutor, if the ICC would pursue a country like Canada over its role in Afghanistan, he replied:

“We’ll check if there are crimes and also we’ll check if a Canadian judge is doing a case or not . . . if they don’t, the court has to intervene. That’s the rule, that’s the system, one standard for everyone.”

Moreno-Ocampo could not be reached for further comment about the case Thursday when attempts were made by the Star.

Update: Adrian MacNair is underwhelmed:

As one who has actually been to Afghanistan and seen how the military cares for and treats detainees, it’s a little difficult to swallow the news that the International Criminal Court could investigate Canada for so-called war crimes. I’m not sure what that would accomplish, but it certainly would do nothing to help with the main problem in the country: the insurgency.

I’m unsure as to how or why anybody believes that Canada’s role in Afghanistan is anything more than a humanitarian mission buttressed by security. We’re in the country to provide stabilization for the democratically elected (though admittedly corrupt and fraudulent) government with whom we have specific agreements and rules we must follow.

In providing security to Afghans we are not allowed to hold Afghan nationals for more than 96 hours in our custody, though at the time of the allegations (pre-2007) this was 72 or 48 hours.

It doesn’t seem reasonable to me to expect a foreign military with finite resources to ensure absolute humanitarian oversight of detainees after they’ve been handed over to the Afghan government. That’s like expecting a police officer in Canada to ensure proper oversight of a prisoner he has arrested and brought to justice. Is a police officer morally culpable if a prisoner is raped in prison?

April 28, 2011

Kevin Milligan: Corporations are not really people

Filed under: Cancon, Economics, Law, Politics — Tags: , , , — Nicholas @ 12:02

The notion that corporations are “legal persons” is useful for legal purposes, but terribly misleading when politicians are trying to formulate tax policies:

Pretending that corporations are people leads to tax policies with perverse consequences; some can even produce the opposite of what the policy is intended to do.

[. . .]

Some people want to tax corporations heavily because the corporations are ‘rich.’ But, if corporations are not people, they can’t be rich. The owners or employees of the corporation can be rich, but not an artificial legal entity. As my Economy Lab colleague Stephen Gordon wrote, “Claiming that ‘wealthy corporations’ pay [corporate taxes] makes about as much sense as claiming that ‘rich buildings’ pay property taxes.”

This is not an obscure debate. The owners of corporations do not all wear top hats and monocles like the fellow from the Monopoly game. In reality, Bay Street IPO-mongers quake in fear of two large stockholders. One is the Ontario Teachers Pension Plan. The other is the Canada Pension Plan Investment Board. These two pension plans are the largest holders of corporate equity in Canada, and their stakeholders are broadly middle income. Tax policy that hurts the dividends of Canadian corporations has a direct impact on the vast Canadian middle that hold pensions through these two, and similar, pension entities. Of course, many high-income Canadians also own corporate equities. But, if we desire to change the tax burden on high income individuals, though, it is best to do so directly through the personal income tax rather than taxing things high income people may or may not own.

April 25, 2011

Grameen Bank cleared of “irregularities”, but Yunus will not be re-instated

Filed under: Asia, Economics, Law, Liberty — Tags: , , , , — Nicholas @ 11:06

The Bangladeshi government has completed their investigation into financial irregularities at microfinance specialist Grameen Bank, but the founder, Muhammad Yunus, will not be brought back:

Yunus, 70, was dismissed by a central bank order — upheld by the high court and supreme court — on the grounds that he had overstayed in his position and refused requests to quit.

Yunus, winner of the 2006 Nobel peace prize, set up Grameen, which means village in Bengali, and had been the bank’s managing director since 2000.

Lauded at home and abroad by politicians and financiers as the “banker to the poor”, he has been under attack by the government since late last year, after a Norwegian documentary alleged the bank was dodging taxes.

Yunus denied any wrongdoing and a Norwegian government investigation later also cleared him of any malpractice.

April 24, 2011

Unhappy tax day for online poker players

Filed under: Gaming, Law, USA — Tags: , — Nicholas @ 12:07

Well, tax day generally isn’t a happy day, but online poker players were especially unhappy:

Last week, while many people reported their income to the Internal Revenue Service, others suddenly found their source of income shut off. On a day now known among online poker players as “Black Friday,” the Department of Justice did us Americans the favor of saving us from ourselves by shutting down the three most popular and trusted online poker platforms.

Not only did the department seize the three domain names, it also froze 77 accounts around the world and charged the founders of PokerStars, Full Tilt Poker and Absolute Poker, among others. What’s there crime? While the charges very carefully center on bank fraud, the heart of the department’s clampdown on Internet gambling stems from the Unlawful Internet Gambling Enforcement Act (UIGEA). Passed during a midnight vote in 2006, the UIGEA doesn’t actually prohibit online gambling but rather bans credit-processing companies from processing payments from “unlawful” online gambling activities. However, the bill never clarifies what it means by “unlawful” activities.

After the law’s passage, several online poker companies continued to operate in the United States, and Justice has turned the prosecution of those entities into a very lucrative endeavor. United Kingdom-based SportingBet, an online betting platform, signed a non-prosecution agreement with the U.S. government last year in return for a payment of $33 million, and in 2008, the co-founder of PartyGaming.com paid authorities $300 million in a settlement. In last week’s indictment, Justice announced that it was seeking a total of $3 billion from the poker companies. Compare this with the $105 million fine that Wachovia, which was found to be laundering billions of dollars in drug money, paid to the U.S. government, and one must wonder what kind of metric Justice uses when deciding which injustices to pursue.

April 22, 2011

DC business owner successfully fights photo tickets

Filed under: Bureaucracy, Law, Technology — Tags: , — Nicholas @ 16:17

Jon sent me this link, which shows that you sometimes can fight speed camera tickets:

Five times and counting before three different judges, the Prince George’s County business owner has used a computer and a calculation to cast reasonable doubt on the reliability of the soulless traffic enforcers.

After a judge threw out two of his tickets Wednesday, Mr. Foreman said he is confident he has exposed systemic inaccuracies in the systems that generate millions of dollars a year for town, city and county governments.

He wasn’t the only one to employ the defense Wednesday. Two other men were found not guilty of speeding offenses before a Hyattsville District judge during the same court session using the same technique.

“You’ve produced an elegant defense and I’m sufficiently doubtful,” Judge Mark T. O’Brien said to William Adams, after hearing evidence that his Subaru was traveling below the 35-mph limit – and not 50 mph as the ticket indicated.

April 20, 2011

More on the use of “kettling” by the police

Filed under: Britain, Law, Liberty, Media — Tags: , , , , — Nicholas @ 12:35

Patrick Hayes considers the “kettling” technique beloved of modern metropolitan police forces in the face of protest:

This is not in any way to defend kettling, which restricts basic freedoms of movement and protest. Being kettled is a deeply frustrating experience. You are penned into a small area with thousands of other protesters for hours on end, with no access to toilets or provisions and little to no knowledge of when the police will let you go. This repressive police technique should be abolished.

However, the emergence of kettling does not reflect a new era of police ‘barbarism’ or ‘gross police brutality’, as some have claimed. Rather, the logic behind kettling seems to be an attempt by the authorities to adapt to a new kind of aimless protesting.

[. . .]

The rise of kettling speaks to changes within the authorities too. This tactic reveals a new desire amongst the police to avoid engaging with protesters directly, to avoid beating and controlling them as they might have tried to do in the past. Instead, the police have developed mostly risk-averse, hands-off tactics for demos, of which kettling is a prime example.

Kettling is really a damage-limitation exercise. The hope is that in pinning protesters into one small area they will eventually become sedate or fall asleep after they have let off enough steam. In a bizarre turn of events, the police now even hand out glossy brochures explaining to protesters what kettling is all about and why the police do it. Kettling is analogous to parents sending children to the ‘naughty step’ to get them to calm down.

Indeed, in the absence of any clear collective ideas, protesters have in many ways become reliant on kettling as a focal point for their radicalism. Protests have turned into games of cat-and-mouse, as youths try to avoid being penned in by the police, using Twitter to organise flash mobs and effectively playing peek-a-boo with the police. The protesters achieve a semblance of collectivity through the experience of being trapped together in a kettle.

One size rules don’t fit all

Filed under: Bureaucracy, Cancon, Health, Law — Tags: , , , — Nicholas @ 07:14

Dentists who have their spouses on their patient list are running the risk of losing their licenses:

Dentists are permitted to treat their spouses — but they better not have sex.

Put another way, dentists who have sex with their spouses better not be messing around with their teeth.

This is the current law of the land in Ontario, one that many dentists are secretly flouting and calling “dumb” and “stupid.”

In an interview with the Star earlier this week, Ontario Health Minister Deb Matthews conceded the dentists may have a point and has agreed to review the restriction.

H/T to Chris Greaves for the link.

April 18, 2011

Happy thought of the day

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , — Nicholas @ 15:43

Darlene Storm offers this cheery little nugget of information (from a post back in December):

Dear Americans: If you are not “authorized” personnel, but you have read, written about, commented upon, tweeted, spread links by “liking” on Facebook, shared by email, or otherwise discussed “classified” information disclosed from WikiLeaks, you could be implicated for crimes under the U.S. Espionage Act — or so warns a legal expert who said the U.S. Espionage Act could make “felons of us all.”

As the U.S. Justice Department works on a legal case against WikiLeak’s Julian Assange for his role in helping publish 250,000 classified U.S. diplomatic cables, authorities are leaning toward charging Assange with spying under the Espionage Act of 1917. Legal experts warn that if there is an indictment under the Espionage Act, then any citizen who has discussed or accessed “classified” information can be arrested on “national security” grounds.

H/T to Bruce Schneier for the link.

April 14, 2011

British high court rules 2009 G20 “kettling” illegal

Filed under: Britain, Law, Liberty — Tags: , , — Nicholas @ 09:29

While I may disagree with the protesters and their messages, the police “kettling” technique has always disturbed me far more. Britain’s high court has now ruled that police broke the law while kettling G20 protesters in 2009:

In a landmark judgment on Thursday, high court judges found for protesters who had claimed police treated them unfairly. It also criticised the use of force by officers.

In the case, the court heard that officers used punches to the face, slaps and shields against demonstrators who police chiefs accept had nothing to do with violence. The judgment does not strike down the police tactic of kettling or mass detention, but it will be seen as a rebuff to the Met.

The judgment places limits on the use of kettling. It says: “The police may only take such preventive action as a last resort catering for situations about to descend into violence.”

April 13, 2011

Ontario now closer to legal marijuana after court decision

Filed under: Cancon, Health, Law, Liberty — Tags: , , , — Nicholas @ 07:30

This news was rather unexpected (that is, I didn’t expect it):

Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot.

The court declared the rules that govern medical marijuana access and the prohibitions laid out in Sections 4 and 7 of the act “constitutionally invalid and of no force and effect” on Monday, effectively paving the way for legalization.

If the government does not respond within 90 days with a successful delay or re-regulation of marijuana, the drug will be legal to possess and produce in Ontario, where the decision is binding.

This is great news for those who need pot for pain relief: even though medical marijuana has been theoretically available for years, in practical terms, many could not get their doctors to sign the necessary paperwork.

In what will be a very obscure reference to non-Ontarians, Andrew Coyne twittered, “A place to grow . . .”

Update: However, carbon counters may be less than impressed, as a new study claims that marijuana “grow ops” alone consume 1% of the energy of the US:

Stoners are helping destroy the planet. Not by excessive snacking, but thanks to the high-energy demands of indoor marijuana cultivation. So says a US Government policy analyst with a Puritanical streak and an EYE for a SHOUTY HEADLINE.

Evan Mills, who works at Lawrence Livermore Labs but conducted the study in his own time, estimates that indoor pot growing accounts for 1 per cent of energy usage in the United States, with each spliff representing two pounds of CO2 emission. Heavy.

About 32 per cent of energy in the cultivation process is used by lighting equipment, including motorised lamp rails; 26 per cent by ventilation systems and dehumidifiers; 18 per cent by air conditioning; and the rest… uh, we can’t remember.

So, on current trends, just as the drug war heaves its final dying breath and marijuana is legalized in the United States, it’ll be banned under Green economy rules, right?

April 12, 2011

Bolivia to pass laws giving “nature” equal rights with humans

Filed under: Americas, Environment, Law — Tags: , , , , , — Nicholas @ 12:08

I had to check the date on this Guardian article, just to be sure it wasn’t an April Fools’ Day posting:

Bolivia is set to pass the world’s first laws granting all nature equal rights to humans. The Law of Mother Earth, now agreed by politicians and grassroots social groups, redefines the country’s rich mineral deposits as “blessings” and is expected to lead to radical new conservation and social measures to reduce pollution and control industry.

The country, which has been pilloried by the US and Britain in the UN climate talks for demanding steep carbon emission cuts, will establish 11 new rights for nature. They include: the right to life and to exist; the right to continue vital cycles and processes free from human alteration; the right to pure water and clean air; the right to balance; the right not to be polluted; and the right to not have cellular structure modified or genetically altered.

Controversially, it will also enshrine the right of nature “to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities”.

I don’t know where the government is planning on moving all the Bolivians, because just by occupying the country, they’ll be violating these new rights on a moment-to-moment basis.

April 11, 2011

Election bombshell in leak of Auditor General’s report?

Filed under: Cancon, Government, Law, Media — Tags: , , , — Nicholas @ 13:01

The Winnipeg Free Press has a potentially explosive article about a leak of part of the Auditor General’s report:

The Harper government misinformed Parliament to win approval for a $50-million G8 fund that lavished money on dubious projects in a Conservative riding, the auditor general has concluded.

And she suggests the process by which the funding was approved may have been illegal.

The findings are contained in the draft of a confidential report Sheila Fraser was to have tabled in Parliament on April 5. The report analyzed the $1-billion cost of staging last June’s G8 summit in Ontario cottage country and a subsequent gathering of G20 leaders in downtown Toronto.

It was put on ice when the Harper government was defeated and is not due to be released until sometime after the May 2 election. However, a Jan. 13 draft of the chapter on the G8 legacy infrastructure fund was obtained by a supporter of an opposition party and shown to The Canadian Press.

This could be the big break that the opposition parties have been waiting for: the leak is just about perfectly timed for maximum effect (just before the first debate), and the Auditor General has refused to discuss the news story or to give any interviews during the election campaign.

Political grandstanding at the expense of Muslim women

Filed under: Europe, France, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 09:22

Josie Appleton points out the logical inconsistencies of the various European “Ban the Burkha” movements:

In spite of the grave crisis of the Euro, the French cabinet will today (19 May[, 2010]) find the time to discuss a draft law banning the wearing of full-face veils in public places. Spain has just slashed public wages and is on the verge of economic collapse, yet the minister of work yesterday made the effort to visit Lleida and voice his support for the mayor’s plan to prohibit full Islamic facewear in the streets. Last month, Belgium’s coalition government had dissolved and there was talk of splitting up the country, yet the parliament managed to unite 136 out of 138 deputies to vote through a law banning the burqa and niqab.

How is it that European leaders, in such difficult times, have invested such energy in the matter of women’s facewear? Why was a Spanish schoolgirl who insisted on wearing a headscarf so fascinating as to draw the media’s attention away from government cuts? Why such detailed discussions on the intricacies of Islamic veils? Newspapers feature pullouts on the different forms of Islamic veil, and commentators explain why the niqab is so much worse than the shayla or the chandor, and indeed how the hijab is fine and even liberating for Muslim women.

The burqa-ban laws were introduced with such displays of speechmaking that anybody would think the fate of these countries hung on this single point of principle. One Belgian deputy admitted that ‘the image of our country abroad is more and more incomprehensible’, but said this near-unanimous vote banning the burqa and niqab rescued ‘an element of pride to be Belgian’. A French commission on the veil said the veil was ‘contrary to the values of the Republic’ and the parliament should make it clear that ‘all of France is saying “no” to the full veil’. The Spanish work minister said this clothing ‘clashes fundamentally with our society and equality between men and women. The values of our society cannot go into retreat.’

Lovely sounding stuff in front of the microphones, to be sure. Good photo ops for ambitious politicians, to a clamour of general approval and risking the loss of very little: there were so relatively few women wearing these articles of clothing — and few of them or their husbands/fathers/brothers likely have the vote anyway.

Now, pay heed to the Law of Unintended Consequences. Many of these women now have a choice: disobey the family head by going out in public without wearing the niqab/hijab/burkha (and risk beatings or even honour-killing), or follow the dictates of the family head and risk being arrested by the gendarmes.

How, exactly, is this going to benefit those poor women?

Update: The ban in France was passed in October and goes into effect today:

The centre-right government, which passed the law in October, has rolled out a public relations campaign to explain the ban and the rules of its application that includes posters, pamphlets and a government-hosted website.

Guidelines spelled out in the pamphlet forbid police from asking women to remove their burqa in the street. They will instead be escorted to a police station and asked to remove the veil there for identification.

[. . .]

In Avignon, Vaucluse, Reuters TV filmed a woman boarding a train wearing a niqab, unchallenged by police.

“It’s not an act of provocation,” said Kenza Drider. “I’m only carrying out my citizens’ rights, I’m not committing a crime … If they [police] ask me for identity papers I’ll show them, no problem.”

France has five million Muslims, but fewer than 2,000 women are believed actually to wear a face veil.

Many Muslim leaders have said they support neither the veil nor the law banning it.

April 5, 2011

Grameen bank founder loses final appeal

Filed under: Asia, Economics, Law, Liberty — Tags: , , — Nicholas @ 09:09

The founder of the revolutionary micro-capital Grameen Bank has been removed from position of managing director:

Nobel laureate Muhammad Yunus has lost his final appeal in Bangladesh’s Supreme Court against his sacking from the Grameen micro-finance bank he founded.

The court upheld the decision by the central bank to remove him from office.

The bank said Professor Yunus had been improperly appointed while past retirement age.

But Professor Yunus said the attempt to remove him from the bank had been politically motivated.

The Grameen Bank has pioneered micro-lending to the poor by giving small loans to millions of borrowers.

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