Quotulatiousness

May 1, 2020

Theodore Dalrymple on the authoritarian innovations we’ve so meekly accepted thanks to the Wuhan Coronavirus epidemic

Filed under: Britain, Government, Health, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Getting back to “normal” is going to be much more difficult now that the powers-that-be know for certain that we’re all quite comfortable tugging the forelock and bending the knee given the right kind of orders:

Armed Metropolitan Police near Downing Street in London.
Photo by Stanislav Kozlovskiy via Wikimedia Commons.

As for the collective or political lessons of the epidemic, I fear them more than rejoice in them. They seem to me likely to reinforce a tendency to authoritarianism, and to embolden bureaucrats with totalitarian leanings. One of the surprising things (or perhaps I should say the things that surprised me) was how meekly the population accepted regulations so drastic that they might have made Stalin envious, all on the say-so of technocrats whose opinions were not completely unopposed by those of other technocrats. There was, as far as I can tell, no popular demand for the evidence that supposedly justified the severe limitations on freedom that were imposed on the population. I suppose an encouraging interpretation of this readiness of the population to do as it was told is that it demonstrated that, all the froth and foam of opposition to political leaders notwithstanding, fundamentally the authorities were trusted by the population to do the right thing. Much as we lament, therefore, the intellectual and moral level of our political class, there are limits to how much we despise it. In other words, we believe that our institutions still work even when guided or controlled by nullities.

A less optimistic interpretation, as usual, is possible. Our population is now so used to being administered, supposedly for its own good, under a regime of bread and circuses, that it is no longer capable of independent thought or action. We have become what Tocqueville thought the Americans would become under their democratic regime, namely a herd of docile animals. Only at the margins — for example, the drug-dealers of banlieues of Paris — would the refractory actually rebel against the regulations, and that not for intellectual reasons or in the name of freedom, but because they wanted to carry on their business as usual. (I should perhaps mention here that I number myself among the sheep.)

In Britain, at any rate, the epidemic revealed how quickly the police could be transformed from a civilian force that protects the population as it goes about its business into a semi-militarised army of quasi-occupation. This transformation is not entirely new, alas; it has been a long time since the policeman was the decent citizen’s friend. Under various pressures, not the least of them emanating from intellectuals, he has become instead a bullying but ineffectual keeper of discipline, whom only the law-abiding truly fear.

I first sensed this development many years ago this when a traffic policeman asked to see my licence. “Well, Theodore …” he started, calling me by my first name when a few years before he would have called me “Sir.” This change was significant. I had gone from being his superior, as a member of the public in whose name he exercised his authority, to being a kind of minor, whom it was his transcendent right to call to order. He was now the boss, and I was now the underling.

The change in uniform, too, has worked in the same direction. Traditionally, since the time of Sir Robert Peel, the uniform of the British policeman was unthreatening, deliberately so, his authority moral rather than physical. Now, he is festooned with the apparatus of repression, if not of oppression, though in effect he represses very little of what ought to be repressed in case it fights back. The modern police intimidate only those who do not need deterring; those who do need it know that they have nothing much to fear from these whited sepulchres, these empty vessels. Incidentally, the French police have undergone a similar deterioration in appearance: gone is the reassuring képi in favour of the moron’s baseball cap, and some of them now dress in jeans with a black shirt with the word POLICE across its back, which is not difficult to imitate and makes it impossible to know whether a policeman really is a policeman or a lout in disguise.

French Gendarmerie at the Eurockéennes of 2007.
Photo by Rama via Wikimedia Commons.

The Covid-19 epidemic has come as a great boon to the British police. Increasingly criticised for their concentration on pseudo-crimes such as hate speech at the expense of neglecting real crimes such as assault and burglary, to say nothing of organised sexual abuse of young girls by gangs of men of Pakistani origin, they could now bully the population to their heart’s content and imagine that in doing so they were performing a valuable public service, preserving the law and public health at the same time. Thus they transformed their previous moral and physical cowardice into a virtue.

Of course, in bullying the average citizen who was very unlikely to retaliate they took no risks, unlike with genuine wrongdoers and law-breakers, who tend to be dangerous; but the fact remains that most individual policemen joined the force motivated by some kind of idealism, a desire to do society some service, though they soon had these naïve fantasies knocked out of them by the morally corrupt or bankrupt leadership of the hierarchy which owes its ascendency to its willingness to comply with the latest nostrums of political correctness. The faint embers of the policeman’s initial idealism were no doubt rekindled by the opportunity to prevent the spread of the virus, as they supposed that they were doing, but some of them, at least, far exceeded even their flexible and vaguely-defined authority and began to inspect citizens’ shopping bags to determine whether they were hoarding goods that might be in short supply. This was a step too far, and at last there were protests; the police desisted.

April 28, 2020

Robber Barons and the Battle of the Tunnel

Filed under: Business, Government, History, Law, Politics, Railways, USA — Tags: , , , — Nicholas @ 04:00

The History Guy: History Deserves to Be Remembered
Published 1 Feb 2019

During the gilded age ruthless businessmen fought for control of railway lines. The Albany and Susquehanna railroad was another battlefield in the “Railroad wars.” In this episode, The History Guy remembers “the Battle of the Tunnel”.

This is original content based on research by The History Guy. Images in the Public Domain are carefully selected and provide illustration. As images of actual events are sometimes not available, images of similar objects and events are used for illustration.

All events are portrayed in historical context and for educational purposes. No images or content are primarily intended to shock and disgust. Those who do not learn from history are doomed to repeat it. Non censuram.

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The History Guy: History Deserves to Be Remembered is the place to find short snippets of forgotten history from five to fifteen minutes long. If you like history too, this is the channel for you.

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Script by THG

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April 27, 2020

Entrepreneurs beyond the atmosphere

Filed under: Government, Law, Liberty, Space, USA — Tags: , , , , — Nicholas @ 03:00

Doug Bandow reacts to Donald Trump’s executive order that begins to clear the way for private enterprise in space:

Taken by Apollo 8 crewmember Bill Anders on December 24, 1968, at mission time 075:49:07 (16:40 UTC), while in orbit around the Moon, showing the Earth rising above the lunar horizon.

Despite the current chaos caused by the coronavirus, Washington still must consider the future. Which explains the president’s new executive order that would allow private resource development on the moon and asteroids. It clearly rejects the “common heritage of mankind” rhetoric deployed by the United Nations on behalf of the Law of the Sea Treaty, which four decades ago created a special UN body to seize control of seabed resources.

The Future of Space Exploration

The EO issued earlier this month explained that

    Successful long-term exploration and scientific discovery of the Moon, Mars, and other celestial bodies will require partnership with commercial entities to recover and use resources, including water and certain minerals, in outer space.

The measure began the process of revising an uncertain legal regime which currently discourages private sector development.

The administration pointed to the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (known as the Moon treaty) and the 1967 Treaty on Principles Governing the Activities of State in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (typically called the Outer Space Treaty). Neither is friendly to entrepreneurs or explorers with a commercial bent.

In response, the president announced that

    Americans should have the right to engage in commercial exploration, recovery, and use of resources in outer space, consistent with applicable law. Outer space is a legally and physically unique domain of human activity, and the United States does not view it as a global commons. Accordingly, it shall be the policy of the United States to encourage international support for the public and private recovery and use of resources in outer space, consistent with applicable law.

Space is a Long-Term Prospect

The document’s main directive is for the Secretary of State, in cooperation with other agencies, to “take all appropriate actions to encourage international support for the public and private recovery and use of resources in outer space.” The secretary is to “negotiate joint statements and bilateral and multilateral arrangements with foreign states regarding safe and sustainable operations for the public and private recovery and use of space resources.”

Obviously, the administration’s attention is directed elsewhere at the moment. However, the potential benefits of turning to space are significant. The value of scientific research is obvious and continues to drive government agencies such as NASA. Launch services and space tourism have caught the interest of private operators. Such activities offer fewer legal and practical difficulties than attempting to establish some sort of long-term presence in the great beyond.

More complex development of space is a longer-term prospect. However, that makes it even more imperative to encourage innovation by creating institutions and incentives that encourage responsible development of what truly is the “final frontier.”

April 23, 2020

Trial by jury

Filed under: Britain, History, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Peter Hitchens recounts the essential role of the jury system in the evolution of the English (and, by inheritance, the Australian, Canadian, and even American) constitutional rights of the individual, which today seems to be in peril:

A still from the 1957 movie Twelve Angry Men, directed by Sidney Lumet, starring Henry Fonda, Lee J. Cobb, and Martin Balsam.

Am I going to have to fall out of love with juries? For decades I have defended these curious committees, which can ruin a man’s life in an afternoon. It has been a romance as much as it has been a reasoned position. Most people get their best lesson in jury trials from the 1957 movie Twelve Angry Men. In that version, a single determined juror, played by Henry Fonda, gradually wins the rest of the panel round to an acquittal, at great cost in emotion and patience. But what really won my heart was Thomas Macaulay’s account of the Trial of the Seven Bishops, in which a London jury defied the wishes of the would-be autocrat King James II in 1688. It was an astonishing event, a monarch’s authority challenged by — of all unlikely things — a collection of Anglican prelates. Their acquittal, perhaps more than anything else, led to James’s fall a few months later. It was the beginning of true constitutional monarchy in Europe, the genesis of the English Bill of Rights and the forerunner of the very similar American document of the same name. It could not have happened without a jury.

For without a jury, any trial is simply a process by which the state reassures itself that it has got the right man. A group of state employees, none of them especially distinguished, are asked to confirm the views of other state employees. With a jury, the government cannot know the outcome and must prove its case. And so the faint, phantasmal ideal of the presumption of innocence takes on actual flesh and bones and stands in the path of power. Juries grew up in England almost entirely by happy accident, and no government would nowadays willingly create them where they do not already operate. A brief fashion for them in 19th-century Europe was swiftly stamped out by governments that understood all too well how much they limited their power. I believe the last true Continental juries, sitting in the absence of a judge, were abolished in France in 1940 by the German occupation authorities. People in Anglosphere countries, unaware that true independent juries rarely exist outside the English-speaking world, have no idea what a precious possession they are.

I remember actually pounding the arm of my chair with delight as I read Macaulay’s account of the response of the bishops’ attorney, Francis Pemberton, when threatened by the chief Crown prosecutor, the solicitor general: “Record what you will. I am not afraid of you, Mister Solicitor!” So this was England after all, and even the majesty of the Stuart Crown could not overawe the defense. This was wholly thanks to the fact that the trial took place before a jury — which duly acquitted the bishops of “seditious libel,” the ludicrous charge by which James had hoped to crush opposition to his plans to reverse the Reformation. Without a jury, the king would of course have won his case, and England would have gone down the road to absolutism (already followed in France, Prussia, Russia, and the Habsburg dominions) with incalculable consequences for the whole world. Instead we had what came to be called the Glorious (or Bloodless) Revolution.

And my blood still runs faster when I recall this and other moments at which the mere existence of juries has made us all more free. Yet I also have terrible doubts. Is the independence of juries possible in the modern world, in which the English Bill of Rights is all but forgotten and a new dispensation reigns? All too often, I read reports of trials in my own country that fill me with doubt. I did my fair share of court reporting as an apprentice journalist many years ago, and I have a good understanding of how these things used to work and ought to work. Something has changed. There is a worrying number of sex cases now coming before the courts in which clear forensic proof of guilt is often unobtainable.

The alleged crimes themselves are repulsive, and the mere accusation is enough to nurture prejudice. The defendants have often been arrested in the scorching light of total publicity, in spectacular dawn raids totally unjustified by any immediate danger they present. Pre-trial media reporting has further undermined the presumption of innocence. In England there is still officially a strong rule against the media taking sides before the jury delivers its verdict. But this is not enforced as it once was. The prosecutions are frequently as emotional as they are unforensic, the opposite of the proper arrangement. Yet the defendants are often convicted even so (sometimes by majority verdicts, which in my view violate the whole jury principle). The state seems somehow to have turned the jury — often swayed by emotion — into its own weapon. And it is worse than the alternative. A wrongfully-convicted defendant, pronounced culpable by a jury of his peers, must feel a far deeper despair than one cast into prison by a mere panel of judges.

April 17, 2020

Chris Selley – “… if John Q. Bylaw is hassling you just for taking a walk, for heaven’s sake get your smart phone out and make a righteous stink”

Our proto-surveillance society is moving rapidly toward all-surveillance, all the time and the current justification is to fight the Wuhan Coronavirus epidemic:

For civil libertarians, these are alarming times — but less alarming than they might be. During a pandemic, when everyone agrees life cannot go on as normal, people who place maximum value on individual freedom are liable to look rather selfish. “Trust our leaders” types get a big boost.

But if Canadian officialdom has not botched its response to this crisis, neither has it excelled. Theresa Tam’s defenders are right that official advice will naturally change over the course of a pandemic — but nothing justifies her proactive downplaying of the COVID-19 risk at a time when several Canadian governments were, we now know, woefully unprepared. The pandemic doesn’t care that Prime Minister Justin Trudeau went to Harrington Lake, against advice from three governments including his own to stay away from any second homes — but it would have been so bloody easy for him not to go, to set an example. It’s equally inconsequential that Andrew Scheer added six more human beings than necessary to a government charter flight from Regina to Ottawa — and it would have been equally easy for him not to bring his family along.

Meanwhile, certain big Canadian cities have so obviously overstepped the mark, by cracking down on perfectly safe behaviours — walking in parks, notably — as to highlight the value of some don’t-tread-on-me pushback. An unscientific survey of social media suggests not a single real human being supports the City of Ottawa’s latest ridiculousness: Days after its bylaw officers threatened a father and son for kicking a ball around [noted here], fined a man $880 for walking his dog, and allegedly assaulted a man questioning his eviction from a park — none of which seems to be supported by the provincial emergency act they were ostensibly enforcing — a public health official now advises against exchanging properly distanced outdoor pleasantries with one’s neighbours lest it “turn into a parking lot or backyard party.” (Don’t laugh: Studio 54 was a cozy little jazz bar before Mick Jagger and Debbie Harry showed up one night with some records and a pound of blow.)

For civil libertarians who remember life before smart phones, meanwhile, the plan Google and Apple are working on to help governments control COVID-19 might as well be custom-designed to induce heebie-jeebies. The basic idea is that your phone’s operating system would reach out to other phones via Bluetooth and record the date, time, duration and location of the meeting. No personal information need be attached to those data points, just the identity of the device. When someone reports a COVID-19 diagnosis on an app, using a code provided by their public health department, devices that had been nearby would receive a warning that their owners might have been exposed, and should take such measures as local authorities advise.

It could be the stuff of dystopian sci-fi. You can just see the guy with the giant translucent computer screen shouting “magnify! Enhance!” Really, though, this comes down to a simple question: Whom do you least distrust? A co-production between Google, which is not at all known for respecting users’ privacy, and Apple, which at least seems to make an effort? Or governments?

April 9, 2020

You know you’re entering a police state when the police can just make up new “laws” to enforce

Filed under: Cancon, Health, Law, Liberty — Tags: , , , , , — Nicholas @ 03:00

I was surprised to see the name of someone I used to work with pop up in a story about over-enthusiastic enforcement of imaginary “laws” in the Ottawa area:

On Tuesday, the City of Ottawa’s bylaw enforcement team tweeted out an important clarification to a recent news report: An Orléans man had not been and would not be issued a $700 ticket for “playing soccer with his son in an empty field.” Rather, the city maintains, he had only been issued a “verbal warning” for playing soccer with his son in an empty field.

One can understand the Orléans man’s confusion. As David Martinek told it to the Ottawa Citizen, he was kicking around a ball with his four-year-old son William, who has autism and “more energy than needed to power the City of Ottawa,” when a bylaw officer arrived, took note of his licence plate and mentioned the $700 figure. He quite logically expected a summons in the mail.

The good news, such as it is, is that Martinek is no poorer to the tune of $700 (though he could have crowdfunded that in about 90 seconds). The remarkable thing about the city’s clarification, however, is that it actually paints a more offensive picture. A ticket is something you can fight — and such a ticket would deserve to be fought unto its demise, because Martinek doesn’t seem to have been doing anything illegal. As such, the “verbal warning” serves only as intimidation against a harmless, indeed beneficial activity.

The City of Ottawa’s website lays out the “rules and restrictions” in force due to COVID-19. It notes that bylaw officers have been empowered to enforce Ontario’s Emergency Management and Civil Protection Act. Regulation 104/20, made under said act, orders the closure of “outdoor recreational amenities that are intended for use by more than one family.”

It defines “outdoor recreational amenities” as off-leash dog parks, community and allotment gardens, “all portions of park and recreational areas containing outdoor fitness equipment,” “all outdoor playgrounds, play structures and equipment,” “all outdoor picnic sites, benches and shelters in park and recreational areas,” and “all outdoor sports facilities and multi-use fields, including baseball diamonds; soccer fields; frisbee golf locations; tennis, platform tennis, table tennis and pickleball courts; basketball courts; BMX parks; and skate parks.”

Considerable thought went into those very thorough prohibitions, you will agree. Yet they conspicuously do not prohibit two members of the same household kicking a ball around. Martinek says he questioned the bylaw officer as to whether they were on city parkland, but there’s nothing in the act prohibiting intra-household kick-arounds in parks or anywhere else. “Nothing in this order precludes individuals from walking through or using portions of park and recreational areas that are not otherwise closed and that do not contain an outdoor recreational amenity described,” the regulation reads.

March 29, 2020

Can we keep a few of these innovations after the Wuhan Coronavirus outbreak is over?

Filed under: Business, Cancon, Food, Government, Law, Wine — Tags: , , , , , — Nicholas @ 03:00

Chris Selley finds a few of the changes to business practice in Ontario to be definite improvements that we should retain once the panic subsides:

“The Beer Store” by Like_the_Grand_Canyon is licensed under CC BY-NC 2.0

Prepping my urban coronavirus hermitage involved packing my freezer with comforting made-ahead delights: pulled pork, chili, various pasta sauces including a life-altering Bolognese ragout recipe from Marie in Quebec City, who runs foodnouveau.com. Mostly, however, I’ve found myself wanting to eat … a bit more downscale. Supplies of Pogos and Bagel Bites are shamefully depleted, well ahead of schedule. And I do love that chicken from Popeye’s.

My superb local fried chicken joint has come up with a very simple and reassuring way to fill walk-up orders. It’s explained on the locked door: You phone in your order from outside, then retreat eight feet; an employee comes to the door with the credit/debit machine, makes eye contact, demonstratively puts on a fresh pair of gloves, opens the door and places the machine on a stool outside, along with the box of gloves. The customer dons a pair of the gloves, completes the transaction, discards the gloves in the waste basket provided, and retreats eight feet again. The employee, wearing fresh gloves, returns with the order and places it, with a smile, on the stool.

This is neither particularly ingenious nor unique. The food-delivery industry has taken to calling it “contactless delivery,” which is an amusingly jargon-y term for “pay in advance and we’ll leave it wherever you tell us and run.” I found myself weirdly impressed, though. Popeye’s system might not scale to Ronald’s place across the street, and I’m certainly not questioning McDo’s decision to shut down everything in Canada except delivery and drive-through. But especially living in a city where most everyone seems to be treating COVID-19 with suitable respect, it’s nice to appreciate the ingenuity that will keep those of us lucky enough to be sentenced to house arrest as comfortable as possible.

And it has been striking to see governments getting out of the way. Ontario, where change is generally about as welcome as a dry cough and fever, is all of a sudden a jurisdiction where licensed foodservice establishments can sell alcoholic beverages with takeout or delivery meals. It’s a place where supermarkets licensed to sell booze can do so as of 7 a.m. British Columbia made the same call on booze delivery and takeout. Alberta has allowed restaurants to sell their booze, period.

It’s hard not to notice that these loosened restrictions come as government-run bottle shops in Ontario and Quebec shorten hours. In Ontario, the Beer Store, a foreign-owned quasi-monopoly, has reduced hours and refuses to refund empty bottles. (There is no other place to refund empty bottles in Ontario.) They say you find out in a crisis who your friends are.

blogTO shows how some Toronto restaurants are getting creative with wine and food delivery options.

March 17, 2020

When the state renounces enforcing the law, there are two alternatives

Filed under: Britain, Government, Law, USA — Tags: , , , — Nicholas @ 03:00

Yesterday, David Thompson linked to a post by Natalie Solent about how the police in London failed to do anything about a blatant theft at a Boots pharmacy because it was considered a “civil matter”. The accused thief was prosecuted privately by the parent corporation, which is apparently the first time this has happened in England. As Natalie says, this is the “nice” option when the government fails to enforce the law of the land — or enforces it only sporadically and unevenly.

In the latest edition of the Libertarian Enterprise, Eric Oppen provides an example from the US in the post-Civil War era that shows the other option for private law enforcement:

Many of the victims of the kind of small-time crime committed by vagrants and the “homeless” are, themselves, far from rich. Repeated thefts can drive a small, struggling business under, and loss of, for example, a bicycle can represent a catastrophic blow to a poor person’s finances. This doesn’t address the sense of violation felt by those victimized by crime.

The original San Francisco Committees of Vigilance formed because the “forces of law and order” either were not doing their jobs, or were actively in league with the very criminals they were supposed to be suppressing. Many police were incompetent or lazy, while others were often corrupt on a scale that would shock Boss Hogg.

Do-it-yourself justice was far from uncommon in nineteenth-century America, including in the “civilized” East. In upstate New York, after decades of unpunished crime, the Loomis family gang received an epic comeuppance in 1865. Fifteen years earlier, their outraged neighbors had tried staging a raid on the Loomis farm, but uncertainty about who owned the stolen goods they found prevented any Loomis from being convicted. In 1865, many of their neighbors were returned Civil War combat veterans. They had become inured to violence, and they were tired of the Loomis’ thefts, arsons and intimidation. They killed George “Wash” Loomis, the leader of the gang, nearly lynched one of his brothers, and burned down the family’s home. After that, the Loomis family’s power was broken and their reign of crime was pretty much over.

These things happened because there was no other way to deal with these situations. Law enforcement, in those days, was primitive, especially outside of the major cities. Large corporations often had their own private police simply because of this fact.

The “social contract” is supposed to read something like “renounce personally avenging your wrongs, and society will do it for you.” But what can one do, when society is visibly abrogating the contract? Take it to court?

Vigilantism is not unknown even in Canada.

“Tombstone Courthouse State Historic Park” by August Rode is licensed under CC BY-NC-SA 2.0

March 14, 2020

The still-secret “settlement” between the federal government and five hereditary chiefs of the Wet’suwet’en

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

Chris Selley points out some of the disturbing features of the as-yet-unrevealed agreement between Her Majesty’s Canadian government and five unelected First Nation chiefs that eventually got the railways running again:

“DSC02285” by Bengt 1955 is licensed under CC BY-NC 2.0

For starters, we still don’t know the details of the arrangement, struck earlier this month between Wet’suwet’en hereditary chiefs and federal and provincial government officials, that allowed for pipeline work to resume. Those details could well represent positive progress on establishing just what the Wet’suwet’en’s legal claim on their lands — affirmed by the Supreme Court in 1997 — really means. But did the government have any business negotiating with the chiefs in question in the first place?

Tait-Day doesn’t think so. The Office of the Hereditary Chiefs of the Wet’suwet’en, she told the committee, is “not accountable to the (Wet’suwet’en) nation.”

“By refusing to hear from elected councils, these governments have without merit prevented the most credible current governing voices from being heard,” she told the committee. “The Indian Act system must be reformed, but that does not invalidate the role of the elected councils. While imperfect, they continue to speak for the people until a better model is implemented.”

Even setting aside the exclusion of elected councils, the negotiations were of dubious legitimacy. They weren’t with the hereditary chiefs per se; rather, they were with the hereditary chiefs who oppose the pipeline. Not all do, and some support it — including Tait-Day, Gloria George and Darlene Glaim, founders of the Wet’suwet’en Matrilineal Coalition. For their apostasy, male chiefs simply stripped them of their titles. This is not in dispute: “We’ve stripped the names from three female hereditary chiefs for supporting the pipeline,” John Ridsdale, whose hereditary title is Chief Na’Moks, told APTN News in 2018. “A name is more important than money.”

Using the title of Chief Woos, Frank Alec has become the leading public face of the anti-pipeline hereditary chiefs. On his behalf, Canadians both Indigenous and non-Indigenous have shut down rail lines and blocked access to the B.C. legislature and marched in the streets. Until 2018, the title of Chief Woos belonged to Glaim. He took it from her precisely because she dared support the pipeline and the benefits that will flow from it to her people.

“By negotiating directly with (the Office of the Hereditary Chiefs of the Wet’suwet’en), Canada and British Columbia give legitimacy to a group of bullies and abusers of women,” Tait-Day told the committee. “We cannot be dictated to by a group of five guys.”

QotD: Apartheid

Filed under: Africa, History, Law, Quotations — Tags: , , , — Nicholas @ 01:00

To anyone who was exposed to its machinations — let alone directly affected by it, as most South African Blacks were — apartheid was truly evil: only the absence of extermination camps differentiated it from the Nazism of the 1940s. In actuality, Blacks couldn’t live or work in “White” areas except by permit, couldn’t own businesses in White areas, couldn’t be promoted past a certain point when they did work outside the “Black” areas, and were forcibly resettled into Black “homelands” without legal redress or the ability to resist. Social intercourse between Blacks and Whites were restricted, by law, to business interactions only — any kind of interracial sexual activity was legally classified as “immorality” and summarily banned, carrying appallingly-high penalties in the breach thereof. Crimes by Whites against Blacks carried penalties far more lenient — to the extent of semi-official toleration — than those by Blacks against Whites, which were severely punished. The education system favored White children over Black children and continued throughout life — to where “White” universities were ubiquitous but “Black” universities could be counted on one hand, with a couple fingers left over. (Lest anyone is offended by the comparison to Nazism, simply substitute “Jews” for “Blacks” and “Aryans” for “Whites”. That would have been Germany, from 1933 to 1945.)

So the disappearance of apartheid cannot be seen as anything other than a Good Thing.

Kim du Toit, “Tough Question, Simple Answer”, Splendid Isolation, 2019-12-05.

March 12, 2020

QotD: Cryptocurrency versus cash in a modern economy

Filed under: Economics, Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 01:00

The new TV series Ozark has the best explanation of this I’ve seen in popular culture. To paraphrase: Say you have $1 million in cash. What can you actually do with it?

If you try to deposit it in the bank, they will file a report, and you will shortly be explaining to the government where that money came from. Unless you have a good explanation, you will then be desperately trying to hire a lawyer in order to avoid a trip to the pokey.

Nor can you simply buy a house or a car with that cash, which will raise many, many eyebrows at the bank, and then at the government that bank reports to. You basically can’t make any large purchase in cash without raising a lot of questions. This is why drug dealers spend so much effort figuring out how to launder their ill-gotten gains. Unless you can find some way to put the money in a bank without the government getting suspicious, then all you have, in the words of Jason Bateman’s character, is (approximately) “groceries and gas for the rest of your life.”

And that’s dollars, which are indisputably legal tender. Your cryptocurrency will be even harder to spend. Who wants to trade you legal cash for scrip that’s only good for buying on the black market? How do you find that person? What discount will they demand for giving up their cash?

Bitcoin is currently good for transferring money out of failing states like Venezuela, because in those places, the local currency is so worthless that you’re better off trading it for bitcoin, or for that matter, cans of mackerel. But that presumes there are countries elsewhere with stable governments and strong economies where bitcoins can be turned into real goods. If bitcoins become a good way to evade those governments, those governments will ban them, and desperate people will go back to smuggling diamonds and dollars.

Megan McArdle, “Bitcoin Is an Implausible Currency”, Bloomberg View, 2017-12-27.

March 7, 2020

QotD: “Jim Crow” laws

Filed under: History, Law, Liberty, Quotations, USA — Tags: , , — Nicholas @ 01:00

Everyone raised in the Unites States over the last fifty years has been required to memorize the official dogma regarding Jim Crow laws. These were state and local laws that enforced racial segregation in the Southern United States. The official version preached to this day is that they were draconian restrictions on blacks preventing them from having a normal life. Modern blacks are told that their condition is the direct result of white discrimination against blacks via these laws.

Now, there is a debate as to the intent and the effect of these laws, mostly because the Left has re-imagined that period in American history. The official version of the Civil Rights era is a fantasy with little connection to reality. What is not under dispute is that these laws existed and they had a negative impact on blacks. Black institutions did not receive public support. Blacks were denied access to the legal system, which often denied them justice when the victims of white malfeasance.

The best argument against these sorts of laws is that they created a second class of citizens, as a legal construct. You cannot have democracy if you have second class citizens, as democracy assumes all men being equal before the law. If the effect of Jim Crow was separate and equal, then maybe they would fit into democracy. In reality, they were separate and unequal, even accounting for the differences in the races. Therefore, as a legal construct, they violated the ideal of equality before the law.

The Z Man, “The Jim Snow Laws”, The Z Blog, 2019-12-01.

March 6, 2020

“[A] decision of such absolutely mind-boggling stupidity and irresponsibility that it could only have come from Justin Trudeau, himself”

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

Ted Campbell on the Trudeau government’s apparent abject surrender to the Wet’suwet’en hereditary chiefs (“apparent” because we still don’t have any details of the “deal”):

The Wet’suwet’en hereditary chiefs’ agenda seems simple enough to me. They don’t like the notion that the Wet’suwet’en people can elect band councils that might act for the good of the people and < quelle horreur > the people might even disagree with the hereditary chiefs. Some (male) hereditary chiefs seem to have managed to strip some other (female) chiefs of their titles because they, the female chiefs, sided with the elected councils. This is, in 21st century British Columbia, something of a replay of 17th century Europe and the end of the divine right of kings, except that the Wet’suwet’en hereditary chiefs might succeed where Charles I and Louis XVI failed because they have the dimwits in the Trudeau cabinet on their side.

To make matters worse, as John Morris of the Canadian Press points out in an article published in the Globe and Mail, the government negotiated with the hereditary chiefs, only ~ with the people who broke the law; and they ignored the elected leaders ~ the people who played by the rules.

How typically Trudeau: he surrenders, cravenly, to the reactionary, anti-democratic lawbreakers and, simultaneously, shuts out the elected representatives of the Wet’suwet’en peoples. Is that the Canada in which we all want to live? Is that the sort of “leadership” for which millions of Canadians voted in 2019? I think not. Justin Trudeau is both a fool and a coward and his party, the Liberal Party of Canada, has a duty to Canada: throw the bum out!

But, not to worry, the Trudeau regime’s propagandists press agents will tell us that it’s all good, we “won,” something or other … didn’t we? And who cares if we lost something nebulous like honour and responsibility? It’s all about reconciliation, isn’t it? What do trivialities like democracy and the national interest matter when really important things, like preserving the power of hereditary chiefs over elected councils, are at stake? But that reactionary system seems to have been strengthened, and so “It was a famous victory.”

February 29, 2020

“And then, somewhat astonishingly, the Ontario Provincial Police actually upheld the law”

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

Chris Selley calls for some answers in the still-not-fully resolved railway disruptions by First Nations and climate activists and the calling-it-spineless-is-a-compliment reactions of various levels of government to widespread contempt for the law:

Screencap from a TV report on Mohawk Warriors attempting to set a freight car on fire along the Canadian National mainline through Tyendinaga near Belleville, Ontario.

When Canada’s ongoing spate of rail blockades finally peters out, this country has some work to do. A parliamentary committee might be up to the job, but even a full-on independent inquiry might not be excessive. A small group of Mohawks in Tyendinaga, Ont., in solidarity with an even smaller group of hereditary Wet’suwet’en chiefs, managed to blockade the Canadian National Railway for two weeks, not just holding hostage a chunk of the country’s economy, productivity and mobility, but demanding as ransom the cancellation of a liquefied natural gas pipelines that all First Nations affected by it, and it seems a comfortable majority of their residents, support.

It’s not a national disaster or anything. But as Prime Minister Justin Trudeau belatedly realized, it’s simply not an acceptable outcome in a democracy operating under the rule of law. And there is every reason to believe it could happen again — especially because we don’t really know how or why it ended when it did.

Operating at peak obnoxiousness, Trudeau had scolded those who demanded enforcement of a court order against the Tyendinaga blockade as boors, violence-mongers and idiots: “We are not the kind of country where politicians get to tell the police what to do,” he huffed. And then, frustrated by a lack of Sunny Ways among the federal government’s negotiating partners, he suddenly told the police what to do — or at the very least what he thought should happen.

[…]

The relatively undramatic end to the Tyendinaga blockade, after two weeks of dire warnings about Oka and Ipperwash reruns, raises another key question: Is there any reason we should believe it was safer to enforce the injunction on Day 14, as opposed to Day One or Two or Six?

Attempting negotiations was a perfectly sensible approach, even though it was very difficult to discern any room for compromise when one of the blockaders’ demands was so simple, blunt and inconceivable: shutting down the Coastal GasLink pipeline project. But the government is likely to face similarly unbending demands from future blockaders: Shutting down the Trans Mountain pipeline project, for example. Surely we can’t establish “two weeks of futility and then enforcement” as a policy moving forward. (Some might argue it was already established by a 13-day blockade of CN tracks near Sarnia, Ont., in 2013 — but that wasn’t nearly as crippling a blow to the railway’s operations.)

Police in Quebec were perfectly happy to enforce an injunction against a blockade on Montreal’s South Shore, which ended swiftly and without incident. Another on Mohawk territory in Kahnawake remains in place, and Premier François Legault has been excoriated for suggesting police face a heavily armed populace there — but at least it’s an attempt at an explanation. When it comes to the OPP’s inaction, we have none. For that matter, we probably deserve some insight into how protesters were able to set a roaring bonfire next to a moving train in Tyendinaga, wholly unmolested, just a couple of days after the blockade came down.

February 24, 2020

Bidding farewell to the rule of law in Canada?

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

John Carpay on the importance of the rule of law in civil society and why we’re at risk of losing it here in Canada:

The rule of law is one of the most important legal principles on which Canada is based. Along with the supremacy of God, it is mentioned in the very first words of the Canadian Charter of Rights and Freedoms: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”

The rule of law means that we are ruled by laws, not by the whims of a King, or the clamouring of a mob. The rule of law also means that the law applies to everyone, even the King; there can be no exemptions for the King or his favourites.

Countries which practice and uphold the rule of law tend to thrive economically, socially, politically and culturally. Countries which uphold the rule of law become wealthy because people can work, buy, sell and trade in the knowledge that their property and their person are protected by law. Economies thrive when people know that the law will be enforced, and that the law will be applied to everyone, even to the King and his favourites. The rule of law provides investors, foreign and domestic, with confidence to invest their money in business projects.

Conversely, when a country condones law-breaking, investors will put their money elsewhere, and quickly. The world’s poorest and most violent countries are those where politicians are above the law, and the law is not applied equally to all.

The decisions of Canada’s politicians and police to condone – for three weeks or longer – the blockading of railway lines by aggrieved protesters violate the rule of law in at least two ways.

First, our politicians are effectively stating that individuals with strongly held political opinions are entitled to engage in illegal activities, in this case shutting down railway lines. Second, law-breaking is permitted because Prime Minister Justin Trudeau and other politicians sympathize with the protesters’ ideology and demands: the law does not apply to the King’s favourites.

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