Quotulatiousness

November 28, 2020

Showdown at the O.K. BBQ joint

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

Toronto police reacted with overwhelming force to a rebellion centred on a small business in Etobicoke, intending to overawe any more potential lockdown opponents on Thursday. Jay Currie is of the “worse before better” school on this particular flare-up of public sentiment:

Well over 100 Toronto police officers and at least ten horses shut down Adamson’s BBQ today. They arrested the proprietor for “trespass” on his own property.

His sin was, of course, opening when Toronto is under “lockdown”. And then opening again and then, today, getting around the changed locks on his premises and opening again.

Now there will be plenty of people who will say, “Well, it’s the law and necessary if we are going to ‘stop the spread'”. But I suspect there will be a strong minority who will say, “Lockdowns don’t work and Costco is in full operation a block away.” Have at it, my interest is in the show of force.

For the City of Toronto and the Province of Ontario, Adamson’s was a point of rebellion which had to be crushed. At any cost. If Adamson’s was able to open the entire pandemic lockdown regime would collapse. So out came 100+ cops and the horses. (I was surprised there was not a tactical vehicle or two.)

Given that there were all of about a hundred people at the BBQ spot today this was more than sufficient force to ensure Adamson’s would not be able to open. No doubt Mayor Tory and Premier Ford are pretty sure the job is done. Adam Skelly, the owner, is cooling his heels in custody pending a bail hearing. (If that hearing goes as I expect, there will be compliance conditions attached to his bail, namely no re-opening.)

Big government relies upon the general complacency of its citizens. A couple of hundred people showing up to a BBQ joint can be handled with a large police presence. A couple of thousand? Much more difficult. 20,000, not a chance.

I keep saying to my very worried wife, “Worse before better.” Which means that before there is any chance that reason, moderation and good government is restored, things have to get a lot worse. On the left, groups like BLM and Antifa work very hard to create martyrs for their narrative. So far with limited success. Adam Skelly may have set in motion the process which will make him a living martyr for common sense and a degree of justice.

As of Friday morning the GoFundMe campaign for Skelly had reached $130,000 (I’m expecting it to be shut down for “reasons” any time soon … but it was still online and accepting donations when I checked at 10am).

November 26, 2020

“… the Liberals’ oft-stated commitment to listen to the experts and the frontline workers fizzles when said experts and workers disagree with a preferred policy”

In The Line, Matt Gurney explains why the Liberals are so in love with a set of proposed rule changes that will do almost nothing to reduce gun crime in Canada and might even end up creating criminals of previously law-abiding Canadians … but it polls well in Liberal ridings:

Restricted and prohibited weapons seized by Toronto police in a 2012 operation. None of the people from whom these weapons were taken was legally allowed to possess them.
Screen capture from a CTV News report.

Talking about gun policy in Canada is tricky, because the debate is highly technical. The regulation of firearms in this country, at least in theory, depends on the specifications of the firearm in question. Mode-of-operation, magazine capacity, ammunition calibre or barrel-bore width, barrel length, muzzle energy — these are all the criteria upon which a firearm is classified into one of three categories under Canadian law: prohibited, restricted or non-restricted. Any Canadian who wishes to own or borrow a firearm, or purchase ammunition, must be licenced, a process which includes mandatory safety training and daily automatic background checks.

Prohibited firearms are essentially banned in Canada; a relatively small number are held by private citizens who already possessed them when the current regulatory regime was brought in in the 1990s. The government of the day didn’t want to get into the thorny issue of confiscation, so it let existing owners keep them under strict conditions. The vast majority of guns in Canada, and all new guns sold for decades, therefore fall into the other two categories. Restricted guns are generally pistols and revolvers, but also some rifles and shotguns. Non-restricted guns are run-of-the-mill hunting rifles and shotguns, though some sports-shooting rifles (used for target practice) are also included.

The above is all somewhat theoretical, as the regulations are twisted and pulled in a variety of ways to suit political ends, leaving a system that’s tortured and confusing even for those of us who study it. But it gives you at least an idea of how the system is designed. If you know guns, of course, you knew all this already. If you don’t, I wouldn’t blame you if your eyes glazed over a bit while reading the above. Without a basic working familiarity with all the terminology and technical specs and regulations, it’s damn hard to follow the debates over gun control. This is why I have to ask you non-aficionados to take my word for it: the Liberal proposal is really bad.

Well, actually, you don’t have to take just my word for it. You can read the NPF’s position paper, which makes at least some of the case. It notes, correctly, that “military style assault weapons” aren’t actually a thing that’s defined under Canadian law; it can therefore mean whatever the government of the day wants it to mean. True military style battle weapons — fully automatic weapons with high-capacity magazines and full-sized ammunition — are already effectively banned in Canada and have been for decades. Further, the NPF notes, firearms are used in a minority of homicides in Canada, a majority of those homicides are committed with handguns, and a majority of those killings are directly linked to organized crime or gang activity.

You’re probably starting to see the problem: Going after the guns that aren’t being used in the crimes, and taking them from the people who aren’t committing them, isn’t a public-safety policy. It’s a political gift to the Liberals’ urban base, where the proposal is popular and gun literacy low (those two latter points are not unrelated).

While the ban is almost entirely a political sop, it’s probably a good political sop, alas. I’m sure the proposal will be very well received in ridings the Liberals would like to hold or flip. But it’s still a stupid policy, even if it’s popular. The Liberals are proposing to spend tons of money on this. They estimate hundreds of millions, but recall that the long-gun registry came in about 1,500 times overbudget. And all to “ban” some of the rifles used by a segment of the population — licenced and screened gun owners — that’s been found to be the several times less likely to commit murder than those without licences.

Fixing the US federal election mechanism to prevent errors or fraud from distorting the results

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

Down south, our American neighbours held a federal election at the beginning of November. Ignoring the Associated Press trying to annoint the winner, we still don’t legally know who won and the tallies in several states are still being challenged. This is an embarassing situation for the “leaders of the free world” and common sense changes to the way the vote is conducted seem to be the best way to ensure that the results are known quickly and that the results will fairly represent the way the voters chose to exercise their franchise. At Steyn Online, Tal Bachman has a fairly concrete set of suggestions that would be a significant improvement over the system in place today:

“Polling Place Vote Here” by Scott Beale is licensed under CC BY-NC-ND 2.0

First, it’s run by a single-purpose, rigorously impartial, devoutly transparent federal entity overseeing federal elections (about which more below).

Yes, I know we’re all sick of the federal Leviathan. I know it already has far too much power. It’s just that in this case, we don’t have much choice, do we? We’re going on well over a century of chronic Democrat Party presidential vote-rigging; and it appears they just ran one of their classic tricks again just a few weeks ago. At some point, pro-America voters have to stop making excuses for why they shouldn’t try solutions to these nation-destroying problems, and just try them.

Yes, I know this would require a constitutional amendment. But let’s assume for now we could get one of those passed.

Second: The new federal entity — let’s call it Elections USA — would then divide the nation into voting districts of equal size for purposes of federal election (that could occur within pre-existing congressional districts). Elections USA would then further subdivide the voting districts into smaller units. Working with the postal service, Elections USA would then draw up a list of voters in each unit, and designate a voting station for residents of that particular unit.

Third: In preparation for election day, Elections USA would send out flyers informing households of where to vote. The information would also be made available on the Elections USA website.

Fourth: On election day, voters travel to their designated voting stations: an elementary or high school, a union hall, a community center, whatever.

Each voting station is watched over by police or other security guards.

As voters approach, they join a quick-moving line. At the front, they present two pieces of government issued ID, at least one with a photo. A volunteer finds the voter on her list of voters for that unit. (If they’ve come to the wrong polling station, they are redirected to the right polling station).

The voter then approaches the voting station in a large, open room, where another volunteer hands him a paper ballot. Picking up the provided pencil, he marks the ballot behind a screen, folds the ballot, and drops into the voting box in full view of the poll clerk and attendant witnesses sitting a few feet away—typically, a few volunteers from political parties who act as “scrutineers”, or official observers and verifiers. The voter then leaves. The entire process never takes more than fifteen minutes.

Once polls close, no one is allowed to enter or leave the premises until the vote count is completed.

The poll clerk — still in full view of the scrutineers — dumps the ballots on to a table and sorts them into piles according to the candidate/party voted for. She then counts the votes for each, showing them to the scrutineers as she goes. Once the votes are counted, a supervisor is called over to the table. After verifying that the scrutineers are satisfied with the counting, and resolving any lingering concerns, the supervisor signs off on the count, and the ballots are immediately placed in a special, sealed envelope. The sealed envelope is then stamped, and cannot be opened without subsequent detection.

The ballot count numbers are then phoned into Elections USA, right then and there, again in view of the scrutineers, who verify that the numbers called in match the numbers they witnessed during the count.

Once all the numbers are called in to Elections USA — a process which never takes more than two hours — the supervisor then physically transports the sealed envelopes (each marked with information like Voting Desk #4 at Poll Station #15) to the Elections USA depot, where she hands them over.

“2019 Canadian federal election – VOTE” by Indrid__Cold is licensed under CC BY-SA 2.0

The sealed envelopes are then transported to Elections USA employees, who will then verify, and eventually formally certify, that all the numbers called in from each desk of each polling station of each voting district in the country matches the number of actual ballots. In the unlikely event any question arises about accuracy, the ballots can be accessed and counted again.

In a simple process like this, the media will have accurate election results within two hours of the polls closing, and there is virtually no opportunity for fraud. I can attest to that, because I myself have witnessed this exact process in real life quite a few times, and am friendly with several people who volunteer as election workers on election days. What I described is how elections are conducted in Canada, but not only in Canada: an identical or similar process is used in most other English-speaking countries. A few simple security protocols — not least of which is, no computerized voting machines — and your election is as fraud-proof as this mortal realm would ever allow.

When you compare this typical voting procedure to the morass of conflicting voting regulations representing fifty states, many of which — incredibly — do not even require that the voter present identification before voting, and which are being manipulated by the very state party hacks tasked with preventing fraud, you begin to see just how desperately America needs electoral reform. Credible stories of poll watchers being denied access, for example, in any normal country, would be regarded as completely unacceptable, to the point where the votes in that area would be likely thrown out as a matter of course. And yet, that type of chicanery is now so common in the United States, most people take for granted it goes on. That’s how far the window of acceptable behavior has moved.

November 22, 2020

Douglas Murray’s Bosie: The Tragic Life of Lord Alfred Douglas

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

Melanie McDonagh reviews the re-released early work by Douglas Murray:

It would probably have been better for Lord Alfred Douglas to have died young. Had he died when he was still beautiful and youthful looking, he would have remained forever the gilded youth Oscar Wilde loved. That golden Alfred Douglas survives in the famous photograph on the front of Douglas Murray’s book, with Wilde sitting near Bosie, his arm extended behind the boy with something like possessiveness. Instead the boy survived until 1945, worn, lonely and poverty-stricken, his looks withered, his nose pinched, contemptuous of modernity, but still with a redemptive, blistering integrity.

Twenty years after it was first written, Douglas Murray has reissued his fine biography of Bosie: his first book, written in his gap year before he went to Oxford. Looking back now on his precocious work, he thinks he overdid a little his enthusiasm for Douglas’s poetry, understated his toxic anti-Semitism and didn’t quite do justice to the pederastic element of his early sexuality – as Bosie preferred to put it, his tastes were for youth and softness. In practice this could mean 14-year-old boys, even younger, at a time when he and Wilde had reunited following Wilde’s release from prison. Actually, I think Murray’s original estimate of Alfred Douglas’s sonnets was absolutely right; they vary in quality, but as he said, at their best they equalled the poets he most venerated.

Trouble is, not many people think of Alfred Douglas as a poet, even though they might unknowingly quote perhaps his most famous line, about the love that dares not speak its name. But there were literary critics in his own day who compared him to Shakespeare as a writer of sonnets. Remarkably he has fallen almost entirely off the literary radar now, known only as a player in Wilde’s drama, and it is a pity that the success of this biography hasn’t changed that.

One of the services Douglas Murray performs in his biography is simply to reproduce some of his finest verses so we can judge it for ourselves. Indeed, while writing the book he managed to persuade the Home Office to release the copybook in which Alfred Douglas wrote his prison verses, In Excelsis, which the authorities refused to do in his lifetime.

Even in his own time, most people thought of him as the lover of Oscar Wilde, a byword for a bugger, the boy who brought about Wilde’s destruction through the vengeful malice of his unbalanced father. That perception was powerfully reinforced by Wilde’s terrible letter written from prison, De Profundis, in which he empties his bitterness against the youth he loved in an outpouring of emotion which was in many respects unjust and untrue, especially about Bosie’s financial support for Wilde. Fatally, the letter was never given to him by Robert Ross, Wilde’s friend, and only released in full during a devastating court case.

November 21, 2020

About that “Canadian content crisis” the feds are trying to “fix” with Bill C-10

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

Michael Geist begins a series of posts on the ongoing blunder that is the federal government’s “get money from the web giants” proposed legislation:

Canadian Heritage Minister Steven Guilbeault, 3 February 2020.
Screencapure from CPAC video.

Canadian Heritage Minister Steven Guilbeault rose in the House of Commons yesterday for the second reading of Bill C-10, his Internet regulation bill that reforms the Broadcasting Act. Guilbeault told the House that the bill would level the playing field, that it would establish a high revenue threshold before applying to Internet streamers, would not impact consumer choice, or raise consumer costs. He argued that even if you don’t believe in cultural sovereignty, you should still support his bill for the economic benefits it will bring, warning that Canadian producers will miss out on a billion dollars by 2023 if the legislation isn’t enacted. He painted a picture of Internet companies (invariably called “web giants”) that have millions of Canadian subscribers but do not contribute to the Canadian economy.

Guilbeault is wrong. He is wrong in his description of the bill (it does not contain thresholds), wrong about its impact on consumers (it is virtually certain to both decrease choice and increase costs), wrong about the contributions of Internet streamers (who have been described as the biggest contributor to Canadian production), wrong about level playing field claims (incumbent broadcasters enjoy a host of regulatory benefits not enjoyed by streamers), wrong about the economic impact of the bill (it is likely to decrease investment in the short term), and wrong about cultural sovereignty (it surrenders cultural sovereignty rather than protect it).

With the bill starting its Parliamentary review, this is the first in a new series of posts on why a careful examination of the data and the bill itself reveals multiple blunders. There are good arguments for addressing the sector, including tax reform, privacy upgrades, and competition law enforcement. There are also benefits to updating the Broadcasting Act, but in an effort to cater to a handful of vocal lobby groups over the interests of the broader Canadian public, Guilbeault’s bill will cause more harm than good. The series will run each weekday for the next month, first addressing the weak policy foundation that underlies Bill C-10, then a series a posts on the uncertainty the bill creates, a review of the trade threats it invites, and an assessment of its likely impact on consumers and the broader public.

The series begins with a post on the fictional Canadian content “crisis.” Canadians can be forgiven for thinking that the shift to digital and Internet streaming services has created a crisis on creating Canadian content. Canadian cultural lobby groups regularly claim that there is one (Artisti, CDCE) and Guilbeault tells the House of Commons that billions of dollars for the sector is at risk. Yet the reality is that spending on film and television production in Canada is at record highs. This includes both certified Canadian content and so-called foreign location and service production in which the production takes place in Canada (thereby facilitating significant economic benefits) but does not meet the narrow criteria to qualify as “Canadian.” I have written before about the need to revisit the Canadian content qualification rules which enable productions with little connection to Canada to receive certification and some that directly meet the goal of “telling Canadian stories” that fail to do so.

November 18, 2020

The Consumer Privacy Protection Act

Filed under: Business, Cancon, Government, Law, Technology — Tags: , , , — Nicholas @ 05:00

Michael Geist looks at Bill C-11, which was introduced by Navdeep Bains on Tuesday:

Parliament Hill in Ottawa.
Photo by S Nameirakpam via Wikimedia Commons.

Canada’s privacy sector privacy law was born in the late 1990s at a time when e-commerce was largely a curiosity and companies such as Facebook did not exist. For years, the privacy community has argued that Canada’s law was no longer fit for purpose and that a major overhaul was needed. The pace of reform has been frustrating slow, but today Innovation, Science and Industry Minister Navdeep Bains introduced the Consumer Privacy Protection Act (technically Bill C-11, the Digital Charter Implementation Act), which represents a dramatic change in how Canada will enforce privacy law. The bill repeals the privacy provisions of the current Personal Information Protection and Electronic Documents Act (PIPEDA) and will require considerable study to fully understand the implications of the new rules.

This post covers six of the biggest issues in the bill: the new privacy law structure, stronger enforcement, new privacy rights on data portability, de-identification, and algorithmic transparency, standards of consent, bringing back PIPEDA privacy requirements, and codes of practice. These represent significant reforms that attempt to modernize Canadian law, though some issues addressed elsewhere such as the right to be forgotten are left for another day. Given the changes – particularly on new enforcement and rights – there will undoubtedly be considerable lobbying on the bill with efforts to water down some of the provisions. Moreover, some of the new rules require accompanying regulations, which, if the battle over anti-spam laws are a model, could take years to finalize after lengthy consultations and (more) lobbying.

November 17, 2020

Cancel culture comes for Donald Trump’s lawyers

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 05:00

Mark Steyn reported yesterday that the Lincoln Project’s latest doxxing has been successful and that a law firm representing President Trump in one of his Pennsylvania suits has been intimidated into withdrawing from the case:

Donald Trump addresses a rally in Nashville, TN in March 2017.
Photo released by the Office of the President of the United States via Wikimedia Commons.

Back in the summer I mentioned on The Mark Steyn Show that “cancel culture” was increasingly literal: It used to mean you got kicked off Twitter or Facebook; then it progressed to losing your job or television show or book contract. By 2020 it had advanced to being denied domain registration on the Internet, credit-card services, bank accounts and other basic necessities of modern life. Now, in a country with more lawyers than the rest of the planet combined, the supposedly “most powerful man on earth” wakes up and finds his counsel just canceled:

    Lawyers with Porter Wright Morris & Arthur LLP submitted a filing late Thursday stating they were withdrawing as counsel in a federal suit seeking to block Pennsylvania from certifying its vote. No reason was given. In a statement issued Friday, the firm confirmed the filing but did not say why it was exiting the case.

Powerline‘s John Hinderaker reckons the reason is pretty obvious:

    Porter Wright is a mid-sized law firm with offices in eight cities across the country. But apparently it lacked the courage to stand up against the Twitter mob. The “Lincoln Project” doxxed the two Porter Wright lawyers who signed the Pennsylvania complaint, tweeting their pictures, addresses and telephone numbers, and encouraging leftists to harass them. Reportedly there also were employees at the law firm who objected to representing President Trump. Porter Wright’s abandonment of its client is shameful conduct for which I suspect it will receive little but praise.

[UPDATE: A Powerline reader with knowledge of the situation says that Porter Wright has withdrawn from only one of five suits.]

As John points out, in America everybody from 9/11 plotters to celebrity pedophiles, Boston bombers to Oscar-winning serial rapists gets hotshot law firms and nobody bats an eyelid. But not Donald J Trump, who is apparently unfit for legal representation.

If you like the sound of all that “unity” and “healing”, this is what it boils down to — unity in the sense the Soviets meant it: the absence of opposition. And, when they’re done with Trump, they’re serious about that “Truth & Reconciliation” enemies list. To reiterate a point I’ve made for months: on free speech and related issues, things are going to head south very fast. I carelessly assumed they’d wait till the inauguration, but it seems “the Office of the President-Elect” is already on the case.

November 10, 2020

The amazing mental gymnastics that lead to the US Supreme Court’s unanimous decision in Wickard v. Filburn in 1942

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

Antony Davies and James R. Harrigan explain how a farmer growing wheat on his own land to feed his own cattle somehow transmogrified into an interstate commerce activity that could be regulated by the federal government:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

… who ended up being tasked with deciding what Article One, Section Eight actually meant? Herein lies the wrinkle that enables all manner of constitutional mischief in the United States. The institution that ended up deciding what the federal government is empowered to do is itself a branch of the federal government. And it should come as no surprise that when push comes to shove, the Supreme Court routinely finds in favor of empowering the federal government.

This sort of mischief flowered fully in the decade following ratification of the 21st Amendment. In 1942, the Supreme Court decided a case, Wickard v. Filburn, in which farmer Roscoe Filburn ran afoul of a federal law that limited how much wheat he was allowed to grow.

A careful reader might, and should, ask where the federal government’s right to legislate the wheat market is to be found — because the word “wheat” is nowhere to be found in the Constitution. Be that as it may, the federal government’s aim was clear enough. It was to keep the price of wheat high enough for farmers to remain profitable. The Agricultural Adjustment Act of 1938 put an upper limit on how much wheat farmers were allowed to grow, which would serve to keep prices high by limiting supply.

Roscoe Filburn had grown 12 more acres of wheat than the law allowed. But not only did he not sell the excess wheat outside of his home state, but he also didn’t sell it at all. He used the wheat from those 12 acres to feed his cattle. Filburn was very clearly not engaging in commerce, let alone interstate commerce, yet the Supreme Court found (unanimously) that because Congress had the authority to regulate interstate commerce, Congress also had the authority to prohibit Filburn from growing those 12 acres of wheat for his own use. The Supreme Court’s “reasoning”?

Had Filburn not fed his cattle that excess wheat, he would have been forced to purchase wheat on the open market. And even if he purchased wheat that was grown within his home state, doing so would have made less wheat available within his home state for other wheat buyers. Consequently, some wheat buyers within his home state would then have had to buy wheat from outside the state. Therefore, Filburn’s non-commercial activity was, according to the Supreme Court, interstate commerce.

The mental gymnastics that went into this ruling made just about any activity interstate commerce by definition. Since Wickard, any time Congress has wanted to exercise power not authorized by the Constitution, lawmakers have simply had to make an argument that links whatever they want to accomplish to interstate commerce. Why? Because they know they can get away with it.

November 7, 2020

QotD: “Hate speech”

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

In an attempt to put down “racism”, the concept of “hate terms” was introduced into English law for the first time. This makes many words and expressions unlawful, and punishable by fines and imprisonment. It is the most comprehensive system of censorship since the days of Hitler’s Germany and Stalin’s Russia, and means there are more restrictions on freedom of expression in England than at any other time since Hogarth’s days.

It is, of course, fatal to humour, if enforced and persisted in. For one vital quality of humour is inequality, and striking visual, aural, and physical differences. Differences in sex, age, colour, race, religion, physical ability, and strength lie at the source of the majority of jokes since the beginning of human self-consciousness. And all jokes are likely to provoke discomfort if not positive misery among those laughed at. Hence any joke is liable to fall foul of those laws. The future for humourists thus looks bleak, at the time I write this. The ordinary people like jokes, often crude ones, as George Orwell pointed out in his perceptive essay on rude seaside picture postcards. But are ordinary people, as opposed to minor officials, in charge any more? Democracy doesn’t really seem to work, and people are insufficiently dismayed at its impotence.

Paul Johnson, Humourists: From Hogarth to Noël Coward, 2010.

November 2, 2020

Hammurabi & the First Babylonian Empire

Filed under: History, Law, Middle East — Tags: , , , — Nicholas @ 02:00

History Time
Published 19 Feb 2018

A brief look at Hammurabi, the most famous king of the Old Babylonian Empire (1830 – 1531 BC)

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October 15, 2020

DicKtionary – L is for Lawman – Tom Horn

Filed under: History, Law, USA — Tags: , , , , — Nicholas @ 04:00

TimeGhost History
Published 14 Oct 2020

Morally ambiguous guns for hire are a fantasy of old Western films, right? Well not in the case of Tom Horn! A lawman, a cowboy, a soldier, and ultimately: a dick.

Join us on Patreon: https://www.patreon.com/TimeGhostHistory

Written and Hosted by Indy Neidell
Director: Astrid Deinhard
Producers: Astrid Deinhard and Spartacus Olsson
Executive Producers: Astrid Deinhard, Indy Neidell, Spartacus Olsson, Bodo Rittenauer
Creative Producer: Joram Appel
Post-Production Director: Wieke Kapteijns
Research by: Indy Neidell
Image Research by: Karolina Dołęga
Edited by: Karolina Dołęga
Sound design: Marek Kamiński

Sources:
– Pictures of Tom Horn courtesy of Wyoming State Archives Photo Collection
– Library of Congress
– National Archives NARA
– Picture of Valley RoadArizona courtesy ofThe Old Pueblo from Wikimedia
– Icons from The Noun Project: Child by Gan Khoon Lay, Cow by Alena Artemova, Cowboys by Simon Child, cowboy avatar by Silviu Ojog, Cowboy by Gan Khoon Lay, cowboy man Adrien Coquet, cowboy by Luis Prado, Cowboy Shoot by Gan Khoon Lay, Cowboy Shooting by Gan Khoon Lay, duel by Gan Khoon Lay, Dead Soldier by Gan Khoon Lay & Joab Penalva, Shootout by Gan Khoon Lay, Sheep by Pariphat Sinma.

Music:
– “Ghosts of the Rail” – Gabriel Lewis
– “Miss Dynamite” – Walt Adams
– “Gone Surfing (Sting)” – Stefan Netsman
– “Run Dry River” – River Run Dry

Archive by Screenocean/Reuters https://www.screenocean.com.

A TimeGhost chronological documentary produced by OnLion Entertainment GmbH.

This is what happens when politicians delegate too much of their powers to the courts

Filed under: History, Law, Politics, Russia, USA — Tags: , , , , — Nicholas @ 03:00

At the Foundation for Economic Education, Lawrence W. Reed recounts the stunning injustice of Soviet “justice”, in the person of Nikolai Krylenko:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

As I watched the first day of hearings on Judge Barrett’s nomination, I was reminded of a largely forgotten Soviet legal theoretician from decades ago. His name was Nikolai Krylenko. Judge Barrett is being given the Krylenko treatment by Democrat senators like Cory Booker and Kamala Harris, meaning this: The only thing that matters is whether she will vote their party line in future cases.

Under the communist dictatorship of Lenin and then Stalin, Krylenko (1885-1938) rose through the Soviet Union’s legal system to become People’s Commissar for Justice and a Prosecutor General. He was a leading practitioner of the theory of “socialist legality,” which held that an accused person’s innocence or guilt depended on that person’s politics (real or imagined). It sounds nuts and indeed, it was. It was the stuff of Orwell’s nightmare, and one of the reasons the Soviet Union thankfully perished of its own poison.

In The Gulag Archipelago, the famous Soviet dissident and Nobel laureate Aleksandr Solzhenitsyn recounted an episode involving Krylenko. Shortly after Lenin’s Bolsheviks assumed power in 1917, an admiral named Shchastny was sentenced by one of the regime’s judges “to be shot within 24 hours.” When some in the courtroom expressed shock, it was Krylenko who responded thusly: “What are you worrying about? Executions have been abolished. But Shchastny is not being executed; he is being shot.”

To Krylenko, the only morality was what served the Party and the State, which of course in the Soviet Union were one and the same. If your politics were not correct, you would be “corrected,” one way or the other. In Richard Pipes’ authoritative book, The Russian Revolution, Krylenko is quoted as exclaiming, “We must execute not only the guilty. Execution of the innocent will impress the masses even more.”

At the Senate hearings for the Barrett nomination, it was apparent the first day that the Judge was being Krylenkoed. Hostile senators pronounced their verdicts before she had uttered a word, and those verdicts had nothing to do with Barrett’s stellar qualifications or keen legal mind. Legal analyst and George Washington University Law School professor Jonathan Turley commented,

    What they were suggesting is that they will be voting against her because of what they expected her vote would be in a pending case, and that is a conditional confirmation … Here, the senators seem to be saying, “I’m not even going to listen; I’m going to vote against you because I don’t think you’re going to vote the right way …”

Judge Barrett clearly articulated her judicial philosophy, borne out by the way she has ruled at the US Court of Appeals for the Seventh Circuit: She believes the role of a judge or justice is to follow the Constitution and the law as written, not make stuff up in the service of a political agenda. How ironic that this is a point of fiery contention. Senators who swore an oath to uphold the Constitution and the law hate the guts of a judge who does just that!

October 2, 2020

The “Catch-22” in RBG’s majority opinion in City of Sherrill V. Oneida Indian Nation of N.Y.

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

In The Line, Meaghie Champion outlines the awkward position the Oneida First Nation found itself in after their case made it to the US Supreme Court:

Panorama of the west facade of United States Supreme Court Building at dusk in Washington, D.C., 10 October, 2011.
Photo by Joe Ravi via Wikimedia Commons.

In 2005, in the case of the City of Sherrill V. Oneida Indian Nation of N.Y., the U.S. Supreme Court ruled against the Oneidas, after the nation had attempted to assert sovereignty in traditional land they had to re-purchase after it had been illegally acquired.

Writing the majority position was the late liberal figurehead now being lionized in U.S. media — Ruth Bader Ginsburg.

Granted, she fought for women’s rights and accomplished a lot. She was a law school professor and a judge. She was one of the leaders of the American Civil Liberties Union. She was the second woman to ever serve on the United States Supreme Court. She was influential in a lot of cases on the Supreme Court, including a labour law case that inspired a law to be passed, and an environmental case that set new standards for who could be heard in court on environmental issues. Since her recent death, the news coverage has been singing her praises like hagiography.

But study history and you will find lots of villains, and no saints. Many First Nations people in North America look on Ginsburg’s reification with a much more skeptical eye.

Meanwhile, the sovereignty of many Indigenous nations in B.C. has never been extinguished. Many First Nations here are being corralled into signing treaties that give up lands, rights and sovereignty. They may look to the Oneida as a cautionary tale. When it comes to sovereignty, you must use it or lose it. Don’t look to courts to give it back later. Not even when you have a social justice saint for a judge.

Ginsburg ruled that Indian land in central New York acquired in violation of U.S. federal law, a treaty, and the U.S. Constitution, could not be reintegrated into the ancestral lands of the Oneida Indian Nation — that the Oneidas would be required to pay property taxes to the local government of the City of Sherill. That is, unless the Oneidas sacrificed that land and allowed the federal government to administer it as a trust.

Justice Ginsburg wrote that 200 years had passed since the initial illegal acquisition, the land had passed hands between jurisdictions multiple times over the period, and that the Oneida had just waited too long. (Even though the U.S. Supreme Court acknowledged in 2005 that there was no specific time limit on this kind of case.) She claimed in her opinion that it would just be “unfair” to the non-natives in this case. If the Oneida had sued in court sooner, then it would have been different.

In the long and fraught web of relationships between First Nations and the United States government, it’s hard to pick a time before the late 20th century or early 21st where a First Nations case might be given full and fair hearing by any federal court, which shows Ginsburg’s opinion to be … lacking in historical sensitivity.

October 1, 2020

Supreme Court Shenanigans!

Filed under: Government, Law, Politics, USA — Tags: , , , — Nicholas @ 06:00

CGP Grey
Published 30 Sep 2020

September 30, 2020

The feds go trampling all over provincial responsibilities again

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

Ted Campbell suggests that even a cursory reading of the constitution does not give the federal government the power to trespass (again) in what is clearly, legally, a provincial government area of responsibility:

“The Fathers of Confederation”
The original painting by Robert Harris (1884) was destroyed in the 1916 Parliament Building fire, and this image for the “Gallery of Canadian History” series of lithographs by Confederation Life Insurance Company is based on a photograph by James Ashfield (1885).
Libraries and Archives Canada item ID number 3013194. http://central.bac-lac.gc.ca/.redirect?app=fonandcol&id=3013194&lang=eng

[T]he Parliament of Canada should look to §91. Here is what the Constitution says are the areas of national government’s concern: The Public Debt and Property; The Regulation of Trade and Commerce; Unemployment insurance; The raising of Money by any Mode or System of Taxation; The borrowing of Money on the Public Credit; Postal Service; The Census and Statistics; Militia, Military and Naval Service, and Defence; The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada; Beacons, Buoys, Lighthouses, and Sable Island; Navigation and Shipping; Quarantine and the Establishment and Maintenance of Marine Hospitals; Sea Coast and Inland Fisheries; Ferries between a Province and any British or Foreign Country or between Two Provinces; Currency and Coinage; Banking, Incorporation of Banks, and the Issue of Paper Money; Savings Banks; Weights and Measures; Bills of Exchange and Promissory Notes; Interest; Legal Tender; Bankruptcy and Insolvency; Patents of Invention and Discovery; Copyrights; Indians, and Lands reserved for the Indians; Naturalization and Aliens; Marriage and Divorce; The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters; The Establishment, Maintenance, and Management of Penitentiaries; and Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

In that looooong list I can find more than adequate justifications for ministers and government departments that are responsible for: finance and revenue; industry, trade, and commerce; defence; foreign affairs; transport; fisheries and oceans; citizenship and immigration; health; and for independent agencies like the Bank of Canada, Canada Post and Statistics Canada. I cannot find anything that says we need a Minister for Women and Gender Equality, nor one for Diversity, Inclusion and Youth nor, especially, Ministers for Canadian Heritage and Middle Class Prosperity.

A lot of things have changed since 1867; the telegraph was still fairly new and innovative, a practical telephone wouldn’t be invented until ten years after confederation and the first useful long-haul radio transmission and reception, from Britain to Signal Hill in St John’s didn’t come until the dawn of the 20th century, thus ideas like the CBC, the Internet, Netflix, air traffic control and the North Warning System were far beyond the imagination of the men ~ they were pretty much all men, working in government, back in the 1860s, weren’t they? ~ who drafted the Canadian Constitution.

What was clear to them, based on the United States experiences, was that §90 to §95 which spell out “who does what to whom” were important to the functioning of a federal state, especially to one in which traditional provincial rights and diverse cultures were well established. Now, it is important to remember that in Canada’s long and rich history there were instances, especially during great wars, when the provinces agreed to federal intrusions into their areas of responsibility; this is not one long story of federal bullying. But what seems perfectly clear to me ~ and I suspect to e.g. John Horgan, Jason Kenney, Doug Ford, François Legault and the other premiers is that last week’s Throne Speech marks another major and quite unjustified federal assault on their jurisdictions. What’s happened, according to Manitoba Premier Brian Pallister, is that the provinces have all the health care delivery problems but, thanks, in some part, to tax decisions made in 1942, the feds have all the money. The solution is blindingly obvious: transfer tax “points” as some experts call them, to the provinces so that they, not Justin Trudeau, who have the problems of too few physicians, too few nurses and too few hospital beds also have the money to solve them.

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