Quotulatiousness

March 26, 2019

Matt Taibbi on “a death-blow for the reputation of the American news media”

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

A revised and updated chapter from his Hate, Inc.:

Note to readers: in light of news that Special Prosecutor Robert Mueller’s investigation is complete, I’m releasing this chapter of Hate Inc. early, with a few new details added up top.

[…]

Over the weekend, the Times tried to soften the emotional blow for the millions of Americans trained in these years to place hopes for the overturn of the Trump presidency in Mueller. As with most press coverage, there was little pretense that the Mueller probe was supposed to be a neutral fact-finding mission, as apposed to religious allegory, with Mueller cast as the hero sent to slay the monster.

The Special Prosecutor literally became a religious figure during the last few years, with votive candles sold in his image and Saturday Night Live cast members singing “All I Want for Christmas is You” to him featuring the rhymey line: “Mueller please come through, because the only option is a coup.”

The Times story today tried to preserve Santa Mueller’s reputation, noting Trump’s Attorney General William Barr’s reaction was an “endorsement” of the fineness of Mueller’s work:

    In an apparent endorsement of an investigation that Mr. Trump has relentlessly attacked as a “witch hunt,” Mr. Barr said Justice Department officials never had to intervene to keep Mr. Mueller from taking an inappropriate or unwarranted step.

Mueller, in other words, never stepped out of the bounds of his job description. But could the same be said for the news media?

For those anxious to keep the dream alive, the Times published its usual graphic of Trump-Russia “contacts,” inviting readers to keep making connections. But in a separate piece by Peter Baker, the paper noted the Mueller news had dire consequences for the press:

    It will be a reckoning for President Trump, to be sure, but also for Robert S. Mueller III, the special counsel, for Congress, for Democrats, for Republicans, for the news media and, yes, for the system as a whole…

This is a damning page one admission by the Times. Despite the connect-the-dots graphic in its other story, and despite the astonishing, emotion-laden editorial the paper also ran suggesting “We don’t need to read the Mueller report” because we know Trump is guilty, Baker at least began the work of preparing Times readers for a hard question: “Have journalists connected too many dots that do not really add up?”

The paper was signaling it understood there would now be questions about whether or not news outlets like itself made galactic errors by betting heavily on a new, politicized approach, trying to be true to “history’s judgment” on top of the hard-enough job of just being true. Worse, in a brutal irony everyone should have seen coming, the press has now handed Trump the mother of campaign issues heading into 2020.

Nothing Trump is accused of from now on by the press will be believed by huge chunks of the population, a group that (perhaps thanks to this story) is now larger than his original base. As Baker notes, a full 50.3% of respondents in a poll conducted this month said they agree with Trump the Mueller probe is a “witch hunt.”

March 24, 2019

So this is why we all know about “Florida Man” and “Florida Woman”

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

Now that it’s been explained … nope, I still think Florida is the home of the crazy.

March 20, 2019

A Supreme Court case that created huge sales tax problems for online firms

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

Eric Boehm explains why an obscure US Supreme Court ruling is making life extremely complicated for thousands and thousands of online businesses:

… Until last year, that meant Heitman was responsible for collecting and paying sales taxes to exactly one place: the Wisconsin Department of Revenue. But thanks to an under-the-radar ruling from the U.S. Supreme Court in June, he’s now receiving letters, phone calls, and emails from revenue officials across the country, each wanting a piece of his business.

The source of Heitman’s frustrations is Wayfair v. South Dakota, which allowed states to collect sales taxes from online businesses located beyond their borders. Many states view the Wayfair ruling as a potential tax revenue windfall in which the taxes are paid by non-residents who can’t vote against them. That’s why businesses like Heitman’s are now facing the chilling prospect of owing taxes in dozens, and possibly hundreds, of different jurisdictions — while being hounded by out-of-state tax collectors.

Since the Supreme Court issued its ruling in June, Heitman has been scrambling to become compliant with tax commissions and revenue departments from coast to coast. He’s spent thousands of dollars on new software to help navigate the complexities of state sales tax law, but that’s only been so much help. “It almost seems like I have another full time job dumped on me with this sales tax thing,” he says. “It’s burning me out.”

As the 2019 tax season begins, states are ramping up efforts to squeeze extra revenue out of remote retailers like Heitman, putting an expensive new burden on businesses that have found broad customer bases online. The burden is particularly large in the five U.S. states that charge no sales tax, where entrepreneurs could now be charged with paying a tax they have never had to pay before, to a government over which they have no voice. And while Congress could clean up the Supreme Court’s mess, it’s far from certain that it will.

Warren Meyer points out that it’s not just the individual states who are taking advantage of this windfall opportunity to collect taxes from non-residents:

Like most writers, Mr. Boehm actually understates the problem. Because the potential exists not to have 50 new taxing authorities for every sales, but thousands. I have to deal with this every day. I wrote a while back:

    Take Arizona, which seems from my experience to be roughly average. The sales tax rate table is 18 pages long in a small font. There are 29 separate rate categories which each have different rates in each of Arizona’s 15 counties. My business is in 6 counties and we have 3 rate categories that apply, or 4 if you consider items with no tax as another rate category. This is 24 different state/county sales tax rates we charge. But that is the easy part. Because then there are, in addition to county taxes, 92 different towns and cities that have their own rate tables with up to 29 different rate categories that add to the base state/county rate. Other states such as Washington (rule of thumb — if the state has no income tax then it has a LABYRINTHIAN sales and business tax systems) have additional overlay taxes such as for transit and stadium districts.

    When my company opens a new location, we have to spend hours on the Internet and with maps trying to figure out what sales taxes to collect, and even with good due diligence we sometimes get it wrong and find in an audit we are actually just inside or outside some line where the rate changes (we once had a location 30 miles outside of Seattle on a long dirt road where we found we had to collect the Seattle Rapid Transit tax). Thatcher, AZ is a town of like 4000 people but has its own special sales tax rates — do you know where the town line is? Well neither do they, because last time I checked they did not have any sort of online lookup system to tell one automatically if the address is inside or outside the town and its sales tax district…

    But even after registering in all 50 states, you are STILL not done, because many states don’t have a fully unified sales tax collection system. In Arizona, for example, the larger cities require their own registration and monthly reporting.

Meyer is operating a company that has physical assets and employees in each of the states and lesser jurisdictions to which taxes are due. Internet businesses generally only have physical assets in a single state, yet an expansive reading of the Wayfair ruling (the type of reading most jurisdictions will prefer) makes them liable for taxes almost everywhere.

March 12, 2019

QotD: The creed of the editor

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

It is part of the woolly lore of editors and lawyers alike: the misplaced or absent comma in a statute or a contract that ends up costing somebody zillions of dollars. There really are not many examples of this happening, but lawyers have a responsibility to behave as though the danger were omnipresent. The thought of a comma disaster encourages close attention to detail: it provides a spur to the spirit during long hours of copy-editing.

As for print editors, believing in the myth of the expensive punctuation mark imparts a hypothetical cash value, even a heroic dignity, to the fussiness they probably acquired in toilet training.

The thing about text errors in the law is that natural language is highly redundant. You can transpose letters in a sentence or word, sow punctuation randomly, leave out the vowels: what’s left will ordinarily still convey the intended meaning. Errors induced by chance rarely create true ambiguity. Their disruptiveness is vexing when you are trying to create high art for a consumer’s pleasure, such as, say, a learned newspaper column. Usually they do not cost anyone money or alter history.

Colby Cosh, “At long last, milkmen deliver the punctuation scandal we’ve been waiting for”, National Post, 2017-03-22.

March 11, 2019

How Does It Work: Patents and Blueprints

Filed under: Law, Technology, Weapons — Tags: , , , , , — Nicholas @ 02:00

Forgotten Weapons
Published on 10 Feb 2019

http://www.patreon.com/ForgottenWeapons

Cool Forgotten Weapons merch! http://shop.bbtv.com/collections/forg…

What is the difference between patents and copyrights? If someone wants to reproduce an old firearm design, how do they get the rights to? Why can’t you reproduce a gun design from patent drawings? What information is in a technical data package? This and more, today on How Does It Work!

Contact:
Forgotten Weapons
PO Box 87647
Tucson, AZ 85754

March 10, 2019

There’s something bigger at stake in the SNC-Lavalin affair than Trudeau’s career

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

Chris Selley explains why SNC-Lavalin is an example of Canada’s less-than-stellar record of holding corporations to account:

… University of Michigan law professor David Uhlmann argues in a 2016 paper, “criminal prosecution of corporations upholds the rule of law, validates the choices of law-abiding companies, and promotes accountability. … When corporations face no consequences for their criminal behavior, we minimize their lawlessness, and increase cynicism about the outsized influence of corporations.”

No kidding. And in a country like Canada, not to say a province like Quebec, it’s safe to say these lines of accountability and trust get severely tangled. Once a government deems any company “too big to fail,” whether it’s because of political donations or connections, or because its pension plan is heavily invested, or because it has acquired a creepy semi-sacred status among otherwise normal people — or indeed, because of an alleged 9,000 jobs — all these nice theories about the rule of law break down. That’s what we’ve been witnessing.

But there’s an even bigger breakdown going on that’s received far less attention. Employees allegedly behind Lavalin’s Libyan capers were criminally charged as well. Between them, former vice-president Sami Bebawi and former controller Stéphane Roy faced charges including defrauding the Libyan state, money laundering, violating UN sanctions, bribing Saadi Gadhafi — Moammar’s soccer-playing, Montreal-enjoying third son — and trying to extract him from Libya once it all kicked off in 2011.

Those charges were laid in February 2014. Last month, some against Bebawi and all against Roy were dismissed because the Crown didn’t manage to bring them to trial in five blessed years. In a scathing decision, judge Patricia Compagnone characterized the Crown’s behaviour as a perfect illustration of the “culture of complacency” and the “culture of delays” the Supreme Court had assailed in its landmark 2016 Jordan decision, which established empirical standards for the Charter right “to be tried within a reasonable time.”

It is an ever-more-curious mystery that Canada’s comprehensively screwed-up justice system never rises to the level of political crisis. In the first year after the Jordan decision alone, some 200 cases were thrown out on grounds of excessive delays. Some of the accused make the Friends of Moammar look like saints. They include alleged murderers, child molesters and drunk drivers.

The charges against SNC-Lavalin were laid in February 2015. More than four years later, we’re still fighting over whether to pursue them — and not, it must be said, in a way that makes us look like a terribly serious country. How nauseatingly fitting it would be if a court threw the case out before the feds even got a chance to decide what to do with it.

March 7, 2019

JWR should have reconsidered as many times as necessary to come to the “correct” decision, apparently

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

Colby Cosh asks who is the one with memory issues — former Trudeau puppet-master Gerald Butts who resigned unexpectedly (but not at all for reasons related to the SNC-Lavalin affair, we’re told) or the minister who was relegated to the least important portfolio (in the view of the Trudeau government) in a totally unrelated cabinet shuffle after failing to fold under pressure?

On Wednesday, in testifying about the SNC-Lavalin scandal that has punched a hole in Justin Trudeau’s cabinet, Gerald Butts left an impression of sincerity, or at least earnestness, and professed the best of intentions as Trudeau’s exiled principal secretary. Do you suppose it will help? The Liberal government’s SNC situation clearly has a traplike nature. Until the criminal charges against SNC-Lavalin are heard in a trial and resolved, or until they are abandoned, the thing will remain news, and Liberals will suffer.

The government’s line is that it was inappropriate for former attorney general Jody Wilson-Raybould to make a final commitment to leaving her Director of Public Prosecutions alone and to living with the decision not to enter a plea-bargaining process with SNC-Lavalin. Her successor in the office, David Lametti, will not make such a commitment now. We will never get the reassurance of hearing that the matter is closed. The professed view of cabinet, what’s left of it, is that it would be wrong to close it.

The government has tried to explain its belabouring of Wilson-Raybould as being perfectly appropriate. She was supposed to verrrry carefully consider the fate of 9,000 SNC-Lavalin jobs and a head office in Quebec, and then consider it again, and then consider it again. Butts tells us that they weren’t looking for a particular politically convenient answer, mind you.

They just stayed after her to keep reconsidering the answer she kept giving, explicitly or implicitly. They reassured her at every turn that the decision was hers. And then they got rid of her and made it someone else’s.

[…]

In theory, if you wanted to get rid of a truculent justice minister who won’t put a thumb on the scales of justice, offering her a job you know she will never, ever take seems like a good way to set about doing that. But this is just an unhappy coincidence, and we are not to draw inferences from it. I would conclude that “The Liberal government undoubtedly meant well,” but saying this sarcastically has, I am afraid, already become a Canadian cliché.

March 2, 2019

Mark Steyn – Trudeaupia on the Waterfront

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

Mark Steyn on the “nothing to see here, let’s just move on” SNC-Lavalin affair:

Speaking as someone who gets sued a lot, I account Jody Wilson-Raybould as a killer exemplar of what every litigant dreads the other side coming up with – a credible witness. In a riveting performance, the former Attorney General of Canada laid out calmly and without overheated rhetorical flourish a campaign by the most powerful figures in the government to get their cronies at SNC-Lavalin off the hook of a criminal prosecution for bribing (Libyan) government officials. Ms Wilson-Raybould identified just shy of a dozen Liberal Party bruisers who leaned on her, including the most senior chaps in the Prime Minister’s Office, the Privy Council Office and the Ministry of Finance – and ultimately the PM himself.

But, in a competitive field, perhaps the behavior of Michael Wernick, Clerk of the Privy Council, a career civil servant and the highest-ranking in Canada, is the most outrageous. In a three-man meeting – the Clerk, the Attorney General and the PM – Mr Wernick acted not as an impartial public servant but as a gung-ho party hack demanding political interference in a criminal prosecution in order to help Justin’s pals beat the rap:

    The PM again cited potential loss of jobs and SNC moving. Then to my surprise – the Clerk started to make the case for the need to have a DPA – he said “there is a board meeting on Thursday (Sept 20) with stock holders” … “they will likely be moving to London if this happens”… “and there is an election in Quebec soon”…

    At that point the PM jumped in stressing that there is an election in Quebec and that “and I am an MP in Quebec – the member for Papineau”.

    I was quite taken aback. My response – and I remember this vividly – was to ask the PM a direct question while looking him in the eye – I asked: “Are you politically interfering with my role / my decision as the AG? I would strongly advise against it.” The Prime Minister said “No, No, No – we just need to find a solution.”

When Ms Wilson-Raybould held firm against Justin’s pressure to lean on the Crown’s prosecution of a serious criminal case, he arranged a Cabinet reshuffle to remove her as Attorney General.

This is a protection racket: Underneath the LGBTQWERTY Ramadan socks and the Bollywood bridesmaid outfits for his passage through India, Justin Trudeau turns out to be Lee J Cobb in On the Waterfront. My old friend Paul Wells calls this a “moral catastrophe” for Justin. Not quite: He is who he is. It’s a moral catastrophe for Canada if those who dote on the Dauphin make the rest of us go along with it.

February 26, 2019

“The SNC-Lavalin affair is the quintessential Canadian controversy”

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

Conrad Black on the ongoing SNC-Lavalin scandal:

The SNC-Lavalin affair is the quintessential Canadian controversy. It is alleged by unnamed sources that the former justice minister and attorney general, Jody Wilson-Raybould, was pressured to order her officials to assess fines rather than prosecute executives for financial crimes in the matter of SNC-Lavalin’s methods in seeking certain construction contracts in Libya, not a country where the Better Business Bureau rules commerce with an iron fist. At a later date, Ms. Wilson-Raybould consented to be moved to the position of associate minister of national defence and minister of veterans’ affairs, generally considered a demotion. When rumours circulated in the media about the propriety of allowing the company to pay fines rather than prosecute some of its executives, the prime minister defended the government, denied the rumours, and stated that the minister’s continued presence in the government was proof that the rumours were unfounded. The minister then resigned, but has since attended a full caucus meeting and had a calming effect on the Liberal MPs. She has said nothing publicly because of the delicacy of lawyer/client privilege opposite the prime minister, who has declined to waive the privilege. This is, in fact, bunk. The prime minister was not the client of the minister of justice in the SNC-Lavalin affair, and the prime minister doesn’t have any standing to waive anything on this subject, and his invocation of cabinet secrecy is twaddle, especially after the subject was aired before the entire Liberal caucus.

All government spokespeople deny any official misconduct or impropriety but the principal secretary and chief strategist of the regime, Gerald Butts, resigned, with the novel explanation that although nothing inappropriate had occurred, he thought the air should be cleared, so he walked the plank. This is the point at which this supposed scandal becomes uniquely Canadian. A minister belatedly resigns but informally continues to attend cabinet and expatiate on this issue and the government reinforces its protestations of absolute innocence of wrongdoing by the prime minister accepting the abrupt resignation of the most influential non-elected person in the government (and he also had a great deal more influence than almost all the elected ministers and MP’s).

I invite any reader to cite another country where a minister would consent to be shuffled down, maintain a complete silence while her father, an indigenous leader, has conducted an entertaining non-stop press conference denouncing the “white man’s justice,” although he has clearly gamed the system pretty well for himself, and the head of the prime minister’s office and closest collaborator of the prime minister resigns while proclaiming that nothing improper has been done and that he is only sacrificing himself to satiate the false accusers. This is too innocuous for the Americans and major European countries, too wholesome for Latin America, too complicated for the Swiss and Scandinavians, too discrete for Australia, and small potatoes for the Japanese. This is Canada, the land of Dudley Do-Right, and before him, of Nelson Eddy and Jeanette MacDonald singing Rose-Marie in the Rockies. The story line of this scandal is absurd, but in its way, magnificently Canadian.

February 22, 2019

The odd dual role of the Minister of Justice and Attorney General of Canada

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

Colby Cosh provides an interesting tidbit of Canadian constitutional detail in the SNC-Lavalin affair:

As a minister she can be expected, and will have expected, to sometimes be given advice and orders from the PM. It would not be an unusual feature of her job to have one of the PM’s close advisers visit her with delegated instructions. Maybe sometimes those instructions would be delivered somewhat abruptly. It happens.

But. The minister of justice also bears an associated title: she is also the attorney general of Canada. You may have gotten the idea that this is just a matter of tradition, a romantic holdover from olden times. It is in fact a matter of explicit statute, the Department of Justice Act, as well as an important constitutional concept. The minister of justice is a politician who writes legislation and oversees the operation of law and courts. The attorney general, although always and necessarily the same human as the minister of justice, is a distinct person charged with the royal authority to commence, manage and cancel criminal prosecutions. When someone sues the Crown it is normally the attorney general who answers, and when the Crown sues it is done through her.

What does this mean? It means that if you are the prime minister’s trusted old chum who does his dirty work, it is all right for you to visit a mere minister of justice, operating in that capacity, and to tell her what the boss wants done for crude partisan reasons. But it is quite strictly forbidden to do that to an attorney general.

In matters of hiring or statute-writing, you can go ahead, kick down her door, and tell her “Orillia needs more red-headed Hungarian judges!” or “There really oughta be a law against candy.” When it comes to prosecutions — when madame has her attorney general hat on — it is very different. You, as a sunny-ways enforcer, are not even supposed to provide unsolicited advice or hints from the prime minister. The PM may be the minister of justice’s boss, but he is not in the chain of command between the attorney general and the sovereign at all.

An attorney general is supposed to make prosecution decisions with the good of the country in mind, and she can ask ministers for their opinions about what would be good, just as she could consult any other schmuck. But for a PM or his dogsbody to venture such an opinion spontaneously, whatever the motive, is not cool. If someone tried to give an attorney general such advice, and she told that person to shove off back to Cape Breton in a leaky dory, and she woke up one morning not long after and turned on the radio and heard that she was no longer attorney general, that would certainly be a mighty big deal.

February 21, 2019

“Excessive fines can be used … to retaliate against or chill the speech of political enemies”

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

The US Supreme Court delivered a unanimous body blow to excessive use of asset forfeiture by state and local police:

Timbs challenged that seizure, arguing that taking his vehicle amounted to an additional fine on top of the sentence he had already received. The Indiana Supreme Court rejected that argument, solely because the U.S. Supreme Court had never explicitly stated that the Eighth Amendment applied to the states.

On Wednesday, the high court did exactly that.

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history,” wrote Justice Ruth Bader Ginsburg in the opinion. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies,” she wrote, or can become sources of revenue disconnected from the criminal justice system.

Indeed, some local governments do use fines and fees as a means to raise revenue, and that has created a perverse incentive to target residents. After the 2014 shooting of Michael Brown in Ferguson, Missouri, a federal investigation into the city government found that 20 percent of its general fund came from criminal fines. And Ferguson is not alone in relying heavily on revenue from fines. Making clear that the Eighth Amendment applies to the states will make it far easier to challenge unreasonable fines and fees — including not just asset forfeiture cases, but also situations where local governments hit homeowners with massive civil penalties for offenses such as unapproved paint jobs or Halloween decorations.

Some of those cases are already getting teed up. As C.J. Ciaramella wrote in this month’s issue of Reason, a federal class action civil rights lawsuit challenging the aggressive asset forfeiture program in Wayne County, Michigan, that was filed in December argues that the county’s seizure of a 2015 Kia Soul after the owner was caught with $10 of marijuana should be deemed an excessive fine.

February 16, 2019

The state of play in the SNC-Lavalin affair

Filed under: Business, Cancon, Law, Media, Politics — Tags: , , , , — Nicholas @ 05:00

If you happen to have misplaced your Libranos scorecard, Daniel Bordman has a quick summary to bring you up to date:

So here is how the accusation stands: The PMO put pressure on the AG to the benefit of SNC-Lavalin, she refused and was shuffled out of the AG position.

This led to a massive public outcry from the Conservatives, NDP and the 10 or so Journalists left in the mainstream media. The original plan was for the new AG, David Lametti, to explain to the public why this story is overblown and there was no need to look any further into the allegations.

His plan: he went on TV and explained to the public that he had spoken to Justin Trudeau and he had denied the allegations, so no investigation was needed. Brilliant! If only Bruce MacArthur and Alexander Bissonnette had known of this expert legal strategy of denying what you were caught doing, they could have escaped justice.

It is also important to note that the Prime Minister admits to having “rigorous conversations” with Jody Wilson Raybould over the SNC-Lavalian case.

After the Shaggy “it wasn’t me” defence failed to convince anyone outside of the CBC editorial board of Justin Trudeau’s innocence, a new plan was formed.

Plan B seemed to be, have everyone smear Jody Wilson-Raybould and act like it was her scandal not the PMO’s.

While she was remaining silent due to attorney-client privilege (which is a debatable position), Trudeau continued to speak for her. Again, it should be pointed out that Trudeau could have waived this at anytime to let her tell her side of the story, he didn’t.

This all came to a head when Trudeau claimed that “her presence in the cabinet speaks for itself”. The next day she resigned.

Off to Plan C, which seems to have been concocted by new Liberal strategist, Kim Jong Un.

A committee will be constructed to investigate these accusations, which of course will have a majority of Liberals and be headed by Liberal MP, Anthony Housefather, who has already added his flare to the investigation suggesting the reason that Jody Wilson Raybould was shuffled out of the AG position was because she didn’t speak French.

Remember, he is the impartial leader of Liberals investigating an allegation of Liberal corruption. It is also important to point out that both of the ministers in charge of immigration matters, Ahmed Hussain and Bill Blair, can’t speak a word of French between them.

February 14, 2019

We’re all shocked, shocked to hear allegations of Liberal Party corruption (again)

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

At Blazing Cat Fur, surprise is expressed that anyone is surprised that corruption in the federal Liberal Party is again in the news. As I commented on Gab last week, “But this has been ‘business as usual’ for the Natural Governing Party for generations. Why is it suddenly not okay now?” It’s no wonder that veteran Liberal politicos are shocked that anyone even cares at this late stage.

Paul Wells of MacLean’s has written Canada, the show in which he professes surprise and disappointment at the back-room dealings exposed in the SNC-Lavalin affair, why he’s almost in shock! Shock I tell you! – “You thought this government was about family benefits and boil-water advisories? The Lavalin affair offers a glimpse of the real scene — maybe the real Canada.”

Seriously? Is anyone over age 8 shocked to learn that Canada is run for the benefit of the Liberal Party and its crony capitalist backers?

I mean besides the media cheerleaders who helped elect the cardboard cutout known as Justin Trudeau.

You shouldn’t be surprised at the antics of a Liberal party whose moral universe dictates no strings attached abortion on demand and the demonization of its opponents. Or whose “leader” experiences sexual assault differently than his victim.

A brokerage party that has weaponized “diversity and multiculturalism” to implement a divisive mass immigration policy that benefits – Surprise! Our corporate welfare class.

The antics of a party that labels citizens who object to their mass-immigration Ponzi-scheme as intolerant, racists, islamophobes & Nazis has surprised you with its shady dealings? Really?

January 11, 2019

“It is profoundly stupid, so most people assume it can’t be. But that’s what the law is now”

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

Apparently the federal government believes that drinking and driving is such a huge, intractable problem that they’ve decided it’s worth sacrificing your right to privacy in order to combat this scourge:

It may sound unbelievable, but Canada’s revised laws on impaired driving could see police demand breath samples from people in bars, restaurants, or even at home. And if you say no, you could be arrested, face a criminal record, ordered to pay a fine, and subjected to a driving suspension.

You could be in violation of the impaired driving laws even two hours after you’ve been driving. Now, the onus is on drivers to prove they weren’t impaired when they were on the road.

This isn’t a simple change of rules, it’s a wholesale abandonment of common sense.

“If you start to drink after you get home, the police show up at your door, they can arrest you, detain you, take you back to the (police station) and you can be convicted because your blood alcohol concentration was over 80 milligrams (per 100 millilitres of blood) in the two hours after you drove.”

Changes to Section 253 of the Criminal Code of Canada took effect in December giving police greater powers to seek breath samples from drivers who might be driving while impaired.

Under the new law, police officers no longer need to have a “reasonable suspicion” the driver had consumed alcohol. Now, an officer can demand a sample from drivers for any reason at any time.

But there’s no possible way this could be abused, right?

“It’s a serious erosion of civil liberties,” said Toronto criminal defence lawyer Michael Engel, whose practice focuses almost exclusively on impaired driving cases.

Engel said someone could be unjustly prosecuted. If a disgruntled business associate or spouse called police with a complaint and an officer went to investigate at the persons’ home or place of business, police could demand a breath sample.

“Husbands or wives in the course of separations would drop the dime on their partner,” Engel said, describing the potential for the law’s abuse by those calling police out of spite, for example.

January 6, 2019

“Carding” is an infringement of rights that does nothing to reduce crime

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

Chris Selley wonders why the blatantly unconstitutional practice of “carding” people without even a hint of suspicion that they’ve done anything wrong was instituted in the first place:

… it’s far easier to make a case that carding has no effect at all on serious crime than that it has a huge one. But even if previous carding practice had “worked,” even if the new regulation had stopped it from working, it barely even amounts to a defence. As [Justice Michael] Tulloch notes, “the regulation simply gives effect to the existing law that people do not have to provide their identification when there are no reasonable grounds to believe the person has committed an offence.”

If carding “worked,” in other words, it relied on citizens not knowing or caring about their already-existing right to be left alone whilst minding their own business, or being too intimidated to exercise that right — as well they might be. Politely refusing an armed man or woman’s request to identify yourself is no small thing, all the more so if you have “nothing to hide.”

The problems inherent in such a situation are myriad. There are quantifiable harms: People were denied jobs and security clearances, and in at least one case menaced by child services, thanks to information stored in police databases that implicated them in nothing other than being included in a police database. And there are more existential harms. Imagine growing up with a squeaky-clean nose yet constantly feeling like a person of police interest. It’s profoundly alienating, especially when targets quite logically conclude, based on well-documented statistics if not their own intuition, that they’re being harassed because of their race, skin colour or some other innate characteristic. It’s no less insidious if the bias is unconscious; it might even be more so.

Nothing good can come from it, and plenty bad. It hinders police in solving crimes, for one thing: “When a segment of society believes that it has been unfairly targeted by the police,” Tulloch writes, “it will delegitimize the police in their eyes.” All those desperate calls for witnesses to come forward will be met more skeptically. Tulloch cites research showing “inappropriate interaction with police” can even “desensitize young people from guilt regarding potential acts of crime.”

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