Quotulatiousness

March 12, 2024

Canada is rapidly becoming “a cauldron of authoritarianism”

The degree of control exercised over individual Canadians by various levels of government was already on the increase before the human rights disaster of the Wuhan Coronavirus pandemic handed the power mongers even more control than they’d dreamed of. In Spiked, Brendan O’Neill outlines the horrific Online Harms Act provisions for even more dystopian government oversight if it is passed in its current form:

It seems Justin Trudeau isn’t only a dick – he also gets his ideas from one. Philip K Dick, to be precise. Trudeau’s government has proposed a new law that would give judges the power to put an individual under house arrest if they fear he might commit a hate crime. That’s right – might. It’s right out of The Minority Report, Dick’s 1956 dystopian tale of a future America in which a “Precrime” police division uses intelligence from mutants known as “precogs” to arrest people before they’ve committed an offence. Welcome to woke Canada, where Dickian nightmares come true.

It is courtesy of Bill C-63 that the pitiable citizens of Canada might soon find themselves languishing in court-ordered confinement despite having committed no crime. The bill is devoted to tackling “hate” on the internet. As is always the case when officialdom puffs itself up and declares war on mean words online, it is riddled with draconianism. For example, the mad law, if passed, would allow people to file complaints (shorter version: snitch) to the Canadian Human Rights Commission if they spot “hate speech” online. Those found guilty of this sin of making a nasty utterance could be ordered to pay victims up to $20,000 in compensation. [NR: Other reports say it’s up to $50,000 with an additional $20,000 in fines … per complainant.]

Imagine the levels of grift this would give rise to. The offence-seeking snowflakes of the phoney left would finally be able to monetise their hurt feelings. Call a “transwoman” a fella and he (yes, he – sue me) could potentially drag you to the CHRC for a nice little payday. The law would incentivise complaint-making. Worse, it would foster self-censorship. Who would risk getting angry online, far less logging on when drunk to wind up the woke, when it’s possible they’ll have their pockets turned out by a misnamed Human Rights Commission so that some professional victim can be compensated for the pain of having seen a word or idea he doesn’t like?

It really is possible it will be ideas, not just blind hatred, that will be punished under C-63. The justice minister Arif Virani’s promise that speech that is “awful but lawful” will not be censored, and that a “high threshold” will have to be met before people are penalised for what they post, is not reassuring. After all, Canada’s a country in which entirely legit publications have found themselves under investigation by the Human Rights Commission just for publishing controversial matter. Maclean’s magazine had its collar felt by the human-rights overlords following a complaint from the Canadian Islamic Congress about an excerpt from a book by Mark Steyn. The CHRC also launched an investigation into Alphonse de Valk, a priest, after he raged with passion against same-sex marriage.

I’m not confident that a nation that has such an inquisitorial body, a body whose very description of itself as a “human rights” commission is a brazen act of Orwellian deceit, will keep its promise of permitting the expression of “awful” thoughts. So much is branded “hate speech” these days – from correctly calling “transwomen” men to saying Islam has a lot of dumb ideas – that it feels inevitable that the expression of fairly normal ideas that Canada’s woke regime just doesn’t like will get swept up in this crusade against “hate”. Indeed, under Canada’s C-16 gender-identity law, “deliberately misgendering” a trans person is treated as a potential “violation” of their human rights. I predict that C-63’s incentivising of snitching will cause an explosion in complaints of “misgendering”. Perhaps Canada will become a no-go zone for thoughtcriminals like JK Rowling.

But it is C-63’s proposal to introduce something like precrime into Canada that has caused most waves. The idea is that individuals who are talking shit online, especially if they’re aiming their invective at minority groups, could be ordered to stay indoors or to wear an electronic tag if a judge fears there could be an “escalation” in their behaviour. Precrime, then. Dick’s idea made flesh. The newspaper headlines give a sense of how chilling this suggestion is, how headlong Canada’s descent into dystopia has become. “Justice minister defends house-arrest power for people feared to commit a hate crime in future”, says the Globe and Mail. Mate, when you’re defending the confinement of people who’ve broken no law, it’s surely time to stop and think.

March 11, 2024

The ever-increasing risk that they’ll destroy the US political system to “save our democracy”

Filed under: Government, Law, Media, Politics, USA — Tags: , , , , , , , — Nicholas @ 04:00

David Friedman outlines not only the threat of a re-elected Donald Trump, but the threat of what his opponents are clearly willing to do to stop him:

    I’ve run into a surprising number of progressives who apparently genuinely believe that if Donald Trump wins the 2024 election, that will be the last free and fair election that America ever has. These people believe that if Trump wins, then by the 2026 midterms, if not by the 2025 gubernatorial elections, Trump and his acolytes will have figured out a way to rig the elections, or disenfranchise large number of Democrats, or hack the voting machines, or some other nefarious plot that will end self-government. The irony is that these people are the mirror image of the Trump fans who insist that the 2020 election was stolen, and that Democrats (or the Deep State, or whomever) rigged the elections, hacked the voting machines, etc. (Jim Geraghty in National Review, “A Reality Check on the Trump-as-Dictator Prophecies“)

Trump is a competent demagogue but an incompetent administrator. Having won the election and become president, he did very little with his power. The most important thing he accomplished was getting three conservatives onto the Supreme Court, something that a more conventional Republican could probably have done as well.

He did, however, succeed in scaring the center left establishment, parts of the conservative establishment as well. He had no respect for the political, academic, media elite, for Hilary Clinton, Harvard professors, the New York Times or National Review. He was an outsider in a sense in which previous Republican presidents were not, with enough political support to raise the frightening possibility of a government, nation, world no longer going in what they saw as the right direction.

Responses included:

Russiagate, the attempt to claim that Trump was a Russian asset.

The attempt to discredit the information in Hunter Biden’s laptop, which included a bunch of former intelligence leaders implying, on no evidence, that it was a Russian plant, Twitter blocking links to the New York Post‘s article on the laptop.

After the 2020 election, with the federal government back in Democratic hands, attacks have mostly involved weaponizing the legal system to punish Trump and his supporters. The strongest of the cases against him, for deliberately holding classified documents after the end of his term, clearly illegal, looked less unbiased after it became clear that Biden had knowingly retained classified documents from his time as Vice President and knowingly revealed them (although, unlike Trump, he returned the documents once his retention of them became public) and was not being prosecuted. The weakest of the cases was a prosecution for an offense, falsifying business records, on which the statute of limitations had run — on the grounds that the expenditure being concealed had been intended to protect his image and so counted as a falsified campaign expenditure on which the statute had not run. That and prosecuting him for optimistic claims for the value of properties used as collateral for loans — all of which were repaid in full — and finding him liable for hundreds of millions of dollars in damages were based not on legal necessity but on the predictable bias of a judge or jury in New York City, where the 2020 electorate voted against Trump by more than three to one.

My previous post described a tactic by which, if Trump won the 2024 election, Democrats might have tried to prevent him from taking office. The recent Supreme Court decision makes that particular tactic unworkable but it is clear from the Atlantic article published before that decision that some Democratic politicians were willing to take the idea seriously. Arguable the three liberal justices took it seriously enough to object to the majority preventing it, although there are other possible explanations of their dissent from that part of the decision. The Colorado Supreme Court took seriously, indeed endorsed, the idea of defeating Trump by keeping him off the ballot. It is far from clear that if there is another opportunity to defeat Trump’s campaign in the courts instead of the voting booth it will not be taken. If, after all, the survival of American democracy is at stake …

Trump has been charged with both federal and state offenses. If he wins the election he can use the pardon power to free himself from conviction for a federal offense but not a state offence. James Curley spent five months of his term as mayor of Boston in prison for mail fraud, until President Truman commuted his sentence. Georgia’s Republican governor does not have the power to give pardons even if he wanted to; the State Board of Pardons and Paroles does but only after a convicted felon has served five years of his term. The governor of New York has the pardon power but is a Democrat unlikely to use it on Trump’s behalf. If Trump wins the election but loses at least one of the state criminal cases, does the state get to lock up the President?

Suppose that, despite any legal tactics of the opposition, Trump ends up in the White House, in control of both the federal legal apparatus and, through his supporters, those of multiple states. After the repeated use of lawfare against him by his opponents it is hard to imagine Trump refraining from responding in kind or his supporters expecting him to.

March 3, 2024

From bank robbery to church burning to welfare state collapse

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

Kulak talks about an old Canadian TV show episode and how the lessons learned could be (and arguably are already being) used to undermine any western welfare state:

In a show that had helicopter escapes, motorcycle chases, modded out James Bond spy cars, teenage money forgers, veteran jewel thieves, super hackers, aviation engineer super smugglers … This one stood out for its nigh stupid simplicity.

He treated bank robbery as a literal door to door business.

Gilbert Galvan’s great innovation wasn’t any innovation, it was stripping bank robbery itself down to its barest essentials. And then repeating it at scale. To the point where he could rob one bank, and then rob the bank across the street whilst police were still in the first investigating (literally! this was how they found out he existed).

He’d line up with the rest of the customers, wait his turn, approach the teller, and then quietly show her his pistol before demanding the money, and WALKING out the front door of the bank, the person behind him in line never knowing that the robbery had even happened.

The limitation was of course he never hit the safe, and only got one teller’s worth of cash, about 5-20k per robbery (1980s dollars, so double or triple modern dollars), but wearing elaborate theatrical disguises for every heist the chance of of him ever being tracked down were effectively Zero. And needing only one man, there was no accomplice to rat him out.

He carried out FIFTY heists this way, and to this day this remains the greatest lesson I’ve learned from the show… The devastating effect of simple marginally effective things, done at scale. It’s certainly served me well marketing this blog.

Now apply this lesson to the modern Cradle to Grave Total State

Since the Trudeau government funded media started promoting a blood libel against Christian church run Residential schools, falsely alleging ground penetrating radar had found “mass graves” at the site of the schools from the first half of the 20th century, over 100 churches have been attacked or burned in Canada.

Whilst the first few fires were probably set by the same person in British Columbia, once it became a national story with political valence disaffected copycats quickly sprung up around the nation. There is basically a zero percent chance the vandals on one end of the country know or have ever met the vandals on the other side. And basically no way that catching even one group of vandals or arsonists would stop the attacks.

Now I would like you to imagine the implications for civil strife in the US, and western welfare states, when this starts happening to government offices or schools which get embroiled in LGBTQ or Childhood transition scandals.

Remember that the average public elementary or high school has 1000+ students in it, the bottom 10-20% of whom absolutely despise the place. People always wonder at how many mass shootings there are in the US, I’m always shocked at how few there are. there are 40,000 suicides a year in the US, and while the numbers are hard to grab at least 10,000 of those are youth suicides. That so few decide to take classmates with them always struck me as bizarre, given human beings have killed 100s of millions of each other in the past 100 years, but then isn’t it also interesting the number of mass shootings has risen so rapidly since Columbine and the media cycle popularization of it public conciousness?

Likewise half a million Americans are treated for self inflicted injury every year, of which over 100k are Youth, and 424,000 youth are arrested on some crime or other every year.

I’m going to call it right now:

In the next 5 years someone out there, might be in America, might be Europe, is going to start burning down schools for some ideological reason, we might never even know why if they are never caught.

And At that point copycat school burnings will become one of the most dramatic and prominent trends in western life as it’s quickly copied around the western world. In the past 3 years of those 100 Canadian churches vandalized, 33 burnt right to the ground (10 per year). If you assumed the same number with no boost from all the students/parents who despise their school or maybe even feel mortal danger from them, that’d still be (population adjusted) something like 100 schools per year burning in America, probably til the end of time. Assuming those government buildings have the usual ludicrous construction costs of 20ish million … that’d be about 2 billion dollars per year in lost buildings, which lets be honest probably won’t get replaced in a timely manner.

There are 97,500 public schools in America, assuming just that Canadian Church burning rate of attacks that’d be more than 1% of American public schools gone in a decade.

March 1, 2024

Online “harmful content” is in the eye of the beholder

It’s almost refreshing to find so many people realizing just how dystopian the Trudeau government’s proposed Online Harms Act could be if implemented in its current form. Ezra Levant on Twit-, er, I mean “X” points out to Jordan Peterson just how the system would be set up to suppress and punish online speech the complainant didn’t like:

For years the Canadian Human Rights Act (CHRA) has banned discrimination against people based on “gender identity or expression”. You of course have never discriminated against anyone.

But this new bill adds s. 13 to the CHRA, which now says that mere speech is considered discrimination if it is “likely to foment detestation or vilification of an individual or group”.

So now, if someone watches one of your YouTube videos or reads on of your tweets about, say, transgender athletes changing in the girls change room, and as a result is “likely” to have hard feelings towards trans people, that’s hate speech.

That’s step 1. Here’s step 2.

Any member of the public (including non-citizens) can lodge a complaint against you to the Canadian Human Rights Tribunal — an activist quasi-judicial tribunal run by non-judges, appointed by Trudeau.

They can get up to $20,000 per complaint from you — and they don’t have to be the “victim”. (There doesn’t have to be a victim at all — remember it’s a future crime. They only have to show that your tweet or video is “likely to” (i.e might) cause one person to have hard feelings about another person. $20,000 that you’d pay the complainant — plus $50,000 in fines to the government.

Per complaint.

So there could be a new complaint for every tweet you make. Every video. And the complainants can be professional busybodies and activists — they don’t have to be a “victim”.

Why wouldn’t woke activists literally file a CHRA complaint after every single thing you do or say on social media? It’s free. There’s no limit. Even if you “win”, you lose — the process is the punishment. And of course, they’re going to win. This will become an industry — to enrich woke grifters and destroy you financially.

But here’s the truly amazing part: the complainants can keep their identity a secret from you. Secret testimony from secret witnesses — who get paid up to $20,000 to take a run at you.

That’s how they’re going to come for you — and for us at @RebelNewsOnline

In the National Post, Jamie Sarkonak considers how the “digital safety” provisions of the Online Harms Act might be implemented:

The law would put “harmful content” in scope of government regulation by way of “arm’s-length” agencies. Targeted content would include media depicting sexual abuse (and understandably so), as well as any content that “expresses detestation or vilification” of any group considered by human rights legislation to be vulnerable and is likely to foment such feelings given the context of the communication (less understandably so). Identity-based protections are inherently more subjective, and they aren’t afforded equally to everyone: human rights law tends not to protect white people, for example.

The bill states that expressing disdain and dislike — or discrediting, humiliating, hurting or offending — is not necessarily hateful for the purposes of online regulation. Critically, it’s silent on what does make speech cross over into unacceptable territory. There’s no hard threshold.

At what point does discussion of the fact that most gender-diverse sex offenders in federal prison are transwomen (male) cross over into “harmful content” territory? Or the fact that Black people make up only three per cent of the population, but represent six per cent of all accused in criminal courts? Or the fact Eritreans in Canada, half of whom arrived after 2016, and who come from a country known for not cooperating with the deportation process, are increasingly rioting in response to politics back home?

Regardless, the promotion of actual hate propaganda, and the incitement of genocide, are already crimes in Canada, so the very worst speech was already covered by the current law and enforceable by the police. If the Liberals wanted better work done on these fronts, they could have simply raised police funding and staffed the courts with judges, as manpower is a primary constraint in dealing justice.

Instead of maintaining the systems that exist, the online harms law would add proactive measures in the form of a new bureaucracy to ensure that everything from genocide advocacy to the insulting recitation of upsetting facts don’t get out of hand. These will work in tandem with reactive measures: the crime of “hate crime” will be enforceable at criminal law, and the Canadian Human Rights Commission will be empowered to adjudicate cases of rights-violating content online.

Women behaving badly on [police bodycam] video

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

Janice Fiamengo suggests that demands to the use of police bodycam footage involving young women being arrested for criminal behaviour is a weird bit of official white-knighting on the part of the authorities:

Moments of public outrage can be opportunities to consider deep-rooted cultural assumptions.

There’s been moral outrage lately over a popular YouTube channel called Drive Thru Tours. Launched in 2020, the channel started out by posting videos of tours through parts of New Jersey and New York. It hit paydirt last year when it began showing videos of police arrests, with titles such as “Rude 19-year-old Girl Arrested for DUI in Pullman, WA” (recommended if you want to get a flavor of the site) and “Belligerent Woman Arrested for DWI after Police Pursuit and Taken to Jail” (not recommended — very disturbing). The channel owner obtained the content — which until recently has focused exclusively on female offenders — from police bodycam recordings, now publicly available through freedom of information requests.

Bodycam footage was originally made accessible to the public so that American citizens can hold police accountable for their actions. Scrutiny of police behavior is widely considered a public good. Scrutiny of female behavior, however, is quite a different story — as responses to the channel demonstrate.

According to a small flurry of recent news reports, New Jersey police are warning that Drive Thru Tours is harming “vulnerable” young women by posting the evidence of their arrests. The bodycam footage was never intended, they protest, for such a purpose. In consequence, the Association of Chiefs of Police of New Jersey is calling for legislation against what they are describing as “online sexual predators“, and lawmakers in that state are considering a bill that would prohibit publishing the footage except within narrow parameters, including with the written consent of the subject.

Quite apart from whether such a bill is a good idea or not (I favor public access but have not given the matter serious thought), the language used in the articles is remarkable for its gynocentric sentimentality and misplaced sympathy.

One of the most vocal on the subject is Montville, New Jersey Police Chief Andrew Caggiano, who is quoted as stating that “It was never the intent of OPRA [the Open Public Records Act] to create such a platform that preys on young women and takes advantage of them at a time when they are vulnerable”. He also expressed a personal repugnance: “As a law enforcement professional and the father of three daughters, I am sickened by the fact that people are abusing OPRA to post these types of videos on social media sites”.

Given that it is not (yet) illegal to use bodycam material in the manner described, Chief Caggiano’s dramatic reaction seems overstated. One wonders in what sense the reckless and self-absorbed young people shown in these videos are “vulnerable”. Wouldn’t such language be better suited to their victims? Perhaps Caggiano knows something about his daughters that we don’t know (there is a video in which a “Cop’s Daughter Gets Arrested for DWI after Fleeing Accident Scene”): one would not normally expect a chief of police to so quickly substitute in imagination his own daughters for the inebriated and flagrantly dishonest women shown on Drive Thru Tours.

Caggiano’s bluster is, of course, all too familiar in a culture that cannot bear to hold women fully responsible for their bad actions — no matter how anti-social or potentially lethal — and must habitually frame them as innocent victims. It’s impossible to imagine such outraged sympathy being expressed for any male offenders in similar situations.

February 29, 2024

Arizona GOP pushes to legalize hunting down suspected illegal immigrants with deadly force! Film at 11!

Filed under: Government, Law, Media, Politics, USA — Tags: , , , , , , , — Nicholas @ 04:00

Chris Bray reports on this utterly abhorrent piece of proposed legislation that will literally condemn any brown person in the state of Arizona to be murdered out of hand by evil red-hatted Trump supporters … or will it?

Republicans in the Arizona legislature have advanced a bill that would allow anyone in the state to just casually gun down any migrant anytime they feel like that filthy brown person might be trespassing. You can trust that this is really happening, because it’s in the news.

Delightfully, Axios reporter April Rubin trained at the New York Times. Here’s how she starts this story:

    Arizona Republicans are advancing a bill that would allow people to legally kill someone accused of attempting to trespass or actively trespassing on their property.

    The big picture: The legislation, which is expected to be vetoed if it reaches the state’s Democratic governor, would legalize the murder of undocumented immigrants, who often have to cross ranches that sit on the state’s border with Mexico.

These monsters, they’re legalizing the murder of undocumented migrants.

So, as always, let’s read the actual bill:

A person in lawful possession of property can threaten deadly force, or potentially use deadly force, in response to an act of criminal trespassing: You can go out on your property with a gun and tell a trespasser to get lost.

But Subsection B is the key to the actual use of deadly force, and journalists aren’t saying anything about it (emphasis added): “A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406,” existing sections of Arizona state law. The bill explicitly references an existing legal standard for the use of deadly force.

February 12, 2024

Find Me The Votes

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

Elizabeth Nickson has a giggle while reading through Find Me The Votes by Michael Isikoff and Daniel Klaidman, which presents the other side of the narrative about Bad Orange Man trying to steal the election in Georgia in 2020:

I admit I giggled all the way through the research of this, breaking out in helpless laughter by the end, hoping that I wasn’t going completely mad. First it was the book, Find Me The Votes, written by Michael Isikoff and Daniel Klaidman, about the Crazed Crackers who think the Georgia election was stolen and the Noble Black Woman who was putting things to right.

I persisted in calling the book in my head, The Ballad of Fani Willis, and kept waiting for the melody and lyrics, but I am not a musician and only the title came. Annoyingly, on repeat.

Isikoff, most remembered for writing for Newsweek when it was respectable, and others when they were respectable, is now head of Yahoo News, and has gone completely bonkers with Trump Derangement Syndrome. His associate in This Noble Task wrote, I believe, the first third which was all about the Noble Black Woman and her Noble Career and her Noble Father who was an entirely nice and not-murderous-at-all Black Panther, and how she felt that the massive uptick in violent crime in Atlanta should not take precedence over fighting the Crazed Crackers whose Awful Leader was Donald Trump. Fani gets the full-on-dripping-sentimentality treatment invented by Bill Clinton, her nobility and hard work, and wonderfulness and Godliness percolates all the way through it. I love how complete atheists like Isikoff like to work the God angle thinking that evangelicals will fall under his dark spell. Yeah, it just makes you look sleazy, buddy.

Willis thought her RICO case was her ticket to the Big Show. The White House. The First Noble Black Woman President of the United States of America. Apparently the Georgia Senate gathered the same and charged her with 23 Articles of Impeachment, mostly having to do with using said RICO case for her political career, not to mention paying the inexperienced, still-married, lover-lover $625,000 over 18 months. Charged with “the misuse of her office for political gains rather than the pursuit of justice”, this really needs a western ballad, with a zydeco vibe.

The second part introduced me to Trump Derangement Syndrome, which I mostly have managed to avoid. God in heaven this is awful stuff, purely hate-fueled madness. This part was written by Isikoff and I’d bet a million bucks he was drunk or on edibles all through it. In my opinion. Anyway, he trots out the usual villains and their wild accusations NONE OF WHICH HAVE ANY MERIT WHATSOEVER. THE ELECTION WAS NOT STOLEN. THIS IS ALL RIGHT WING GARBAGE. Even Rudy Guiliani who shut down the Mafia plaguing New York and managed New York through 9/11 is treated with zero respect and a lot of hateful mockery that anyone on the right is not allowed to use because hate, but lefties can express virulent hate all day with impunity.

January 30, 2024

How did Justice Mosley manage to avoid mentioning the huge pachyderm in the room?

Filed under: Cancon, Government, Law, Media, Politics — Tags: , , , , — Nicholas @ 04:00

Donna LaFramboise on the amazing ability of people in power here in Canada to avoid noticing or acknowledging the most salient facts of a situation:

“The Elephant in the Room” by BitBoy is licensed under CC BY 2.0 .

In the recent court ruling against Justin Trudeau’s use of the Emergencies Act, the elephant in the room was once again ignored.

Justice Richard Mosley is well aware that the Act is intended to be “a tool of last resort.” He says so twice in his decision, on pages 78 and 86. He also does a conscientious job of describing the arguments each side presented during various stages of the court battle.

Yet there is no indication, not even the slightest hint, that the bloody obvious received five minutes of the court’s attention: No government can claim to have exhausted all other avenues if it hasn’t even had a conversation with protesters.

It doesn’t matter who is doing the protesting, or what their cause happens to be. If you haven’t arranged a meeting, if you haven’t sat down and listened to people’s concerns, if you haven’t even tried to negotiate a resolution, it is not OK to reach for a last resort, nuclear option. That is beyond unreasonable. It is absurd.

In India, between November 2020 and November 2021, farmers protested three new pieces of agricultural legislation that were eventually repealed. Justin Trudeau publicly criticized the Indian government during that time. So let us compare and contrast.

According to the Indian Express, farmers unions called for a march to Delhi, the national capital, on November 26th and 27th. Delhi police said protesters wouldn’t be permitted to enter the city due to COVID restrictions, but the farmers came anyway. Water cannon and tear gas were used against them, but they eventually arrived in the north-west part of the capital.

On November 28th a cabinet minister “offered to hold talks with the farmers as soon as they vacate Delhi borders”. The farmers didn’t budge. The first round of talks with government took place, nonetheless, on December 3rd — a week after the Delhi protest began. Two days later, more talks took place. By December 30th, six rounds of negotiations had taken place.

In Canada, the government treated the truckers like mangy dogs rather than citizens. Not a single cabinet minister pursued dialogue. Not a single representative of the federal government met with the truckers between the time they began arriving in Ottawa on January 28th, 2022 and when police violently shut down the protest on February 18th and 19th. Get lost, peasants! was the government’s official position.

January 25, 2024

By invoking the Emergencies Act, “the government unjustifiably violated Canadians’ constitutional rights”

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

Andrew Lawton reports on the Federal Court decision that ruled against Justin Trudeau’s invocation of the Emergencies Act to break up the Freedom Convoy protests in 2022:

For those whose bank accounts the government froze, those who remain on trial for trumped up charges, and those who were pepper sprayed, tear gassed, or zip tied while protesting for freedom, this week’s news might be too little to late.

Even so, the aforementioned people have all been vindicated.

The Federal Court ruled Tuesday that Justin Trudeau’s invocation of the Emergencies Act – both the decision to apply it and the measures he used it to impose – were illegal.

In other words, there was no “national emergency” rising to the wartime levels intended by the act. And even if there had been, the government unjustifiably violated Canadians’ constitutional rights.

The decision was handed down, coincidentally, on the two year anniversary of the Freedom Convoy’s launch from Delta, B.C.

When Trudeau invoked the Emergencies Act, he assured Canadians that the Charter of Rights and Freedoms would be respected. His evidence was thin: the guarantee that Charter rights would be protected was seemingly predicated only on the fact that the law says Charter rights must be protected. I’d call it circular logic but even “logic” seems a bit of a stretch.

As I remarked then, if you have to pinky swear to Canadians that you’re upholding their rights, you aren’t. A well-respected judge on the Federal Court now agrees.

While the Freedom Convoy was an unprecedented demonstration (globally, not just by Canadian standards), Trudeau’s response put Canada on the map in all the wrong ways. It was condemned the world over, even by the Chinese Communist Party and Iran’s former president. Not that I put too much stock in what they think, but when you go too far for even the dictators, you should probably reassess.

The crackdown illuminated the authoritarian impulse in Canada’s “sunny ways” government. The convoy was a response to Covid restrictions, but also an increasingly divisive and vindictive approach to politics by Trudeau that vilified people based on their vaccine status and ultimately their political views.

Unfortunately for Trudeau, his denigration of convoy supporters as a “fringe minority” with “unacceptable views” ended up being taken up as a badge of honour and reclaimed by the very fringe he tried so hard to marginalize.

The court ruling is not a full exoneration of the Freedom Convoy. It’s still possible that Tamara Lich and Chris Barber could be found guilty on their mischief charges. It’s also possible that convoy organizers could lose the lawsuit filed on behalf of Ottawa residents. The decision isn’t a declaration that the convoy was a purely lawful protest, but it does say there was no “threat to the security of Canada” as per the CSIS Act, which Trudeau has spent nearly two years pretending there was.

January 20, 2024

“This ruling is definitely going to embolden the already tyrannical regulatory boards”

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

Jordan Peterson’s reaction to the Ontario court decision that sided with the College of Psychologists of Ontario to order him to undergo re-education at his own expense until some non-specified goals have been reached:

Jordan Peterson speaking at an event in Dallas, Texas on 15 June, 2018.
Detail of a photo by Gage Skidmore via Wikimedia Commons.

[National Post interviewer Tyler Dawson] What was your reaction when you found out the Ontario Court of Appeal had dismissed your challenge?

Oh, well, I’d already factored that into account as a high probability, so it actually didn’t affect me very much.

I’m upset because of what it signifies. This might be hard for people to believe, but I don’t believe that this is about me. I don’t want to claim some sort of capacity to transcend mere egotism, but there isn’t anything the college can really do to me, except they can take a hit out on my professional reputation to some degree.

Practically speaking, I’m beyond their purview, because I’m not dependent on them financially. I don’t even need my licence. I’m not practising. I have a reputation that’s going to withstand this regardless, and perhaps even be enhanced by it.

The reason that I’m fighting for this is because, well, first of all, I didn’t want them to take my damn licence. I worked hard on that and there’s no — I’ve done nothing to deserve that, quite the contrary. I think I’ve helped millions of people.

This ruling is definitely going to embolden the already tyrannical regulatory boards. But also Canadians don’t understand that if they can’t trust their professionals to tell them the truth, then they don’t have professionals anymore.

You know, this country is in rough shape. It’s in far rougher shape than people understand. So the reason I’m fighting this is to try to bring that to public attention, like I’ve been trying since 2016. You know, now a cynic would say well, you know, look at all the success you’ve had with it. It’s like, wow, yeah, believe me, man, it took a lot of dancing in place to turn the cataclysm of negative public opinion and pillorying by the press into success. That wasn’t a foregone conclusion.

What options does this leave you specifically with regards to the college? Do the training or resign?

The status is crystal clear. I’ve already been sentenced to a course of re-education, of indeterminate origin, at my expense, until I comply. And all they have to do now is tell me when to do it and where — that’s where we’re at.

There’s nothing that I know of now that I can do to stop that from happening. I just cannot understand how that’s going to work, because the probability that they’re going to re-educate me in some manner they deem successful, there’s no universe in which that can occur.

Or I can reject it, in which case I’ll fail, which is the outcome that’s desired anyways. Or I can tell them to go directly to hell and just refuse to do it, in which case they can say, well, we gave Dr. Peterson every opportunity to maintain his professional licence, but when push came to shove, he was unwilling to abide by our dictates. So those are my options.

Could you just register in another province?

It’s not that easy to switch registration jurisdictions. It should be easier than it is, because there are bureaucratic impediments in the way that make it very difficult for professionals to move and there’s no excuse for that.

It’s certainly an option I will and have to some degree explored. But it’s not just like rolling over in bed.

January 19, 2024

Vienna’s Iconic Chocolate Cake

Filed under: Europe, Food, History, Law — Tags: , , , , — Nicholas @ 02:00

Tasting History with Max Miller
Published 17 Oct 2023
(more…)

January 14, 2024

Tristin Hopper imagines the thoughts of the Toronto Police Service

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

Every week, Tristin Hopper helps us understand an element of the week’s news by “imagining” the diary entries of the people or organizations involved. This week, it’s the turn of Toronto’s police department:

The Toronto police have not had a good week. After receiving widespread criticism for refusing to disperse an anti-Israel blockade targeting a north Toronto Jewish neighbourhood, video emerged this week of officers delivering coffee and donuts to the blockaders.

And so, only after a cross-section of local politicians and Jewish leaders had expressed bafflement at police inaction, did Toronto police announce plans on Thursday to actually put a stop to protests at the Avenue Road bridge. They even charged one protester with incitement of hatred for allegedly carrying a hate group’s flag at a protest in downtown Toronto.

Monday
I’m sorry — is that the sound of people wanting us to enforce the law? As in, “hey there, sworn peace officer, get in your car, go identify some criminality and use force to stop it?”

Are you sure about that, Toronto? You sure you don’t want us to instead try fixing this with a solidarity flag raising? Or maybe this is something that could be diffused with one of those equity roundtables you keep forcing us to attend.

After all, enforcing the law is a messy business. People could get hurt. This isn’t like handing out a traffic ticket or a jaywalking citation: You’re asking us to confront people who may not care that their actions are illegal, and may employ additional illegal methods to dispute that.

Tuesday
I’m still trying to get my head around this new paradigm. So to refresh: when people break laws, you want us to stop that? The Criminal Code. The Highway Traffic Act. The Controlled Substances Act. You want our officers to read up on contemporary legislation, seek out violators of said legislation, and then apply appropriate sanctions?

This is a minefield, frankly. We’re talking raised voices. Mean tweets. People in handcuffs. Unflattering videos. Outraged Toronto Star columns. This is how we board an escalator that may soon make us pine for the days when our only problems were an easily ignored minority demographic having their overpass shut down.

Wednesday
When we’re enforcing these laws, are you absolutely sure you want us to do this without first checking if they’re politically acceptable? I mean, it would obviously streamline everything if roadways were only ever blockaded by white supremacist cannibal pedophiles, but that’s rarely the case.

And what if they’re doing an illegal thing that is tangentially related to something you like? I had our legal guy look into it and he said that any laws broken as a result of a public protest are still illegal – the right to protest only covers legal things, it turns out. So bear with me; this could result in a city in which graffiti, blockades and vandalism OF ANY KIND could end up banned. It’s a slippery slope.

The insane miscarriage of justice in Britain’s Post Office and the courts

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

The British Post Office (formerly the Royal Mail) has spent the last several years prosecuting many of its own staff for financial skulduggery uncovered by the Post Office’s computer system. Many people have been convicted and punished, yet it now comes to light that the real culprit is the faulty accounting methods used in the Post Office’s Horizon software:

“Atten-SHUN! EIIR Red Pillar Boxes” by drivethr? is licensed under CC BY-SA 2.0 .

What went wrong at the Post Office over that Horizon computer system is being described as very difficult, complicated, we’ll never really find out and Whocouddaknowed?

This is not correct. The Post Office knowed, ICL knowed, Fujitsu knowed.

Therefore and thus, as I’ve said before, just Jail Them All. There will be some who will be able to argue their way out on the basis of their innocence and that’s fine, even great. But let’s start with everyone on the right side of the bars.

It’s long been — as I’ve said — common gossip among programmers that the base problem really was pretty base. The Horizon system counted incompletes as a transaction. So, a transaction is going through and it doesn’t quite make it. Communication problems, something. A sensible system looks at incompletes and ignores them. Only completes, fully handshaken and agreed, change the accounting ledgers. Horizon did not do this. It would count the incomplete as one transaction, then when the full one came through count that as an additional, extra, transaction.

This is how a branch thought it had one number, the centre another. Because the branch regarded the incomplete and the resend as only the one transaction, the centre as two.

But common gossip among programmers isn’t enough, obviously.

It’s bad enough that glitchy software could cause such human tragedy, but it’s worse: Post Office management knew and chose to cover it up.

January 12, 2024

QotD: Rome’s Italic “allies”

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

The Roman Republic spent its first two and a half centuries (or so) expanding fitfully through peninsular Italy (that is, Italy south of the Po River Valley, not including Sicily). This isn’t the place for a full discussion of the slow process of expanding Roman control (which wouldn’t be entirely completed until 272 with the surrender of Tarentum). The consensus position on the process is that it was one in which Rome exploited local rivalries to champion one side or the other making an ally of the one by intervening and the other by defeating and subjecting them (this view underlies the excellent M.P. Fronda, Between Rome and Carthage: Southern Italy During the Second Punic War (2010); E.T. Salmon, The Making of Roman Italy (1982) remains a valuable introduction to the topic). More recently, N. Terranato, The Early Roman Expansion into Italy (2019) has argued for something more based on horizontal elite networks and diplomacy, though this remains decidedly a minority opinion (I myself am rather closer to the consensus position, though Terranato has a point about the role of elite negotiation in the process).

The simple (and perhaps now increasingly dated) way I explain this to my students is that Rome follows the Goku Model of Imperialism: I beat you, therefore we are now friends. Defeated communities in Italy (the system is different outside of Italy) are made to join Rome’s alliance network as socii (“allies”), do not have tribute imposed on them, but must supply their soldiers to fight with Rome when Rome is at war, which is always.

It actually doesn’t matter for us how this expansion was accomplished; rather we’re interested in the sort of order the Romans set up when they did expand. The basic blueprint for how Rome interacted with the Italians may have emerged as early as 493 with the Foedus Cassianum, a peace treaty which ended a war between Rome and [the] Latin League (an alliance of ethnically Latin cities in Latium). To simplify quite a lot, the Roman “deal” with the communities of Italy which one by one came under Roman power went as follows:

  • All subject communities in Italy became socii (“allies”). This was true if Rome actually intervened to help you as your ally, or if Rome intervened against you and conquered your community.
  • The socii retained substantial internal autonomy (they kept their own laws, religions, language and customs), but could have no foreign policy except their alliance with Rome.
  • Whenever Rome went to war, the socii were required to send soldiers to assist Rome’s armies; the number of socii in Rome’s armies ranged from around half to perhaps as much as two thirds at some points (though the socii outnumbered the Romans in Italy about 3-to-1 in 225, so the Romans made more strenuous manpower demands on themselves than their allies).
  • Rome didn’t impose tribute on the socii, though the socii bore the cost of raising and paying their detachments of troops in war (except for food, which the Romans paid for, Plb. 6.39.14).
  • Rome goes to war every year.
  • No, seriously. Every. Year. From 509 to 31BC, the only exception was 241-235. That’s it. Six years of peace in 478 years of republic. The socii do not seem to have minded very much; they seem to have generally been as bellicose as the Romans and anyway …
  • The spoils of Roman victory were split between Rome and the socii. Consequently, as one scholar memorably put it, the Roman alliance was akin to, “a criminal operation which compensates its victims by enrolling them in the gang and inviting them to share to proceeds of future robberies” (T. Cornell, The Beginnings of Rome (1995)).
  • The alliance system included a ladder of potential relationships with Rome which the Romans might offer to loyal allies.

Now this isn’t a place for a long discussion of the Roman alliance system in Italy (that place is in the book I am writing), so I want us to focus more narrowly on the bolded points here and how they add up to significant changes in who counted as “Roman” over time. But I should note here that while I am calling this a Roman “alliance system” (because the Romans call these fellows socii, allies) this was by no means an equal arrangement: Rome declared the wars, commanded the armies and set the quotas for military service. The “allies” were thus allies in name only, but in practice subjects; nevertheless the Roman insistence on calling them allies and retaining the polite fiction that they were junior partners rather than subject communities, by doing things like sharing the loot and glory of victory, was a major contributor to Roman success (as we’ll see).

First, the Roman alliance system was split into what were essentially tiers of status. At the top were Roman citizens optimo iure (“full rights”, literally “with the best right”) often referred to on a community basis as civitas cum suffragio (“citizenship with the vote”). These were folks with the full benefits of Roman citizenship and the innermost core of the Roman polity, who could vote and (in theory, though for people of modest means, only in theory) run for office. Next were citizens non optimo iure, often referred to as having civitas sine suffragio (“citizenship without the vote”); they had all of the rights of Roman citizens except for political participation in Rome. This was almost always because they lived in communities well outside the city of Rome with their own local government (where they could vote); we’ll talk about how you get those communities in a second. That said, citizens without the vote still had the right to hold property in Roman territory and conduct business with the full protection of a Roman citizen (ius commercii) and the right to contract legal marriages with Roman citizens (ius conubii). They could do everything except for vote or run for offices in Rome itself.

Next down on the list were socii (allies) of Latin status (note this is a legal status and is entirely disconnected from Latin ethnicity; by the end of this post, Rome is going to be block-granting Latin status to Gauls in Cisalpine Gaul, for instance). Allies of Latin status got the benefits of the ius commercii, as well as the ability to move from one community with Latin status to another without losing their status. Unlike the citizens without the vote, they didn’t automatically get the right to contract legal marriages with Roman citizens, but in some cases the Romans granted that right to either individuals or entire communities (scholars differ on exactly how frequently those with Latin status would have conubium with Roman citizens; the traditional view is that this was a standard perk of Latin status, but see Roselaar, op. cit.). That said, the advantages of this status were considerable – particularly the ability to conduct business under Roman law rather than what the Romans called the “ius gentium” (“law of peoples”) which governed relations with foreigners (peregrini in Roman legal terms) and were less favorable (although free foreigners in Rome had somewhat better protections, on the whole, than free foreigners – like metics – in a Greek polis).

Finally, you had the socii who lacked these bells and whistles. That said, because their communities were allies of Rome in Italy (this system is not exported overseas), they were immune to tribute, Roman magistrates couldn’t make war on them and Roman armies would protect them in war – so they were still better off than a community that was purely of peregrini (or a community within one of Rome’s provinces; Italy was not a province, to be clear).

The key to this system is that socii who stayed loyal to Rome and dutifully supplied troops could be “upgraded” for their service, though in at least some cases, we know that socii opted not to accept Roman citizenship but instead chose to keep their status as their own community (the famous example of this were the allied soldiers of Praenesti, who refused Roman citizenship in 211, Liv. 23.20.2). Consequently, whole communities might inch closer to becoming Romans as a consequence of long service as Rome’s “allies” (most of whom, we must stress, were at one point or another, Rome’s Italian enemies who had been defeated and incorporated into Rome’s Italian alliance system).

But I mentioned spoils and everyone loves loot. When Rome beat you, in the moment after you lost, but before the Goku Model of Imperialism kicked in and you became friends, the Romans took your stuff. This might mean they very literally sacked your town and carried off objects of value, but it also – and for us more importantly – meant that the Romans seized land. That land would be added to the ager Romanus (the body of land in Italy held by Rome directly rather than belonging to one of Rome’s allies). But of course that land might be very far away from Rome which posed a problem – Rome was, after all, effectively a city-state; the whole point of having the socii-system is that Rome lacked both the means and the desire to directly govern far away communities. But the Romans didn’t want this land to stay vacant – they need the land to be full of farmers liable for conscription into Rome’s armies (there was a minimum property requirement for military service because you needed to be able to buy your own weapons so they had to be freeholding farmers, not enslaved workers). By the by, you can actually understand most of Rome’s decisions inside Italy if you just assume that the main objective of Roman aristocrats is to get bigger armies so they can win bigger battles and so burnish their political credentials back in Rome – that, and not general altruism (of which the Romans had fairly little), was the reason for Rome’s relatively generous alliance system.

The solution was for Rome to essentially plant little Mini-Me versions of itself on that newly taken land. This had some major advantages: first, it put farmers on that land who would be liable for conscription (typically placing them in carefully measured farming plots through a process known as centuriation), either as socii or as Roman citizens (typically without the vote). Second, it planted a loyal community in recently conquered territory which could act as a position of Roman control; notably, no Latin colony of this sort rebelled against Rome during the Second Punic War when Hannibal tried to get as many of the socii to cast off the Romans as he could.

What is important for what we are doing here is to note that the socii seem to have been permitted to contribute to the initial groups settling in these colonies and that these colonies were much more tightly tied to Rome, often having conubium – that right of intermarriage again – with Roman citizens. The consequence of this is that, by the late third century (when Rome is going to fight Carthage) the ager Romanus – the territory of Rome itself – comprises a big chunk of central Italy […] but the people who lived there as Roman citizens (with and without the vote) were not simply descendants of that initial Roman citizen body, but also a mix of people descended from communities of socii throughout Italy.

Bret Devereaux, “Collections: The Queen’s Latin or Who Were the Romans, Part II: Citizens and Allies”, A Collection of Unmitigated Pedantry, 2021-06-25.

January 2, 2024

Nobody will like the new rules

Chris Bray points out just how bad the “new rules” are going to be … and not just for the Bad Orange Man:

The danger is that you concede an argument about a personality or an event, then find at some future point that you’ve accepted new systems and structures that are far more broadly applicable than you noticed at the moment you accepted the new rules. Everyone of every political persuasion should see the weapon on the table, because it’s going to be pointed at you and yours: libertarians, anti-war leftists, populists, paleocons, others too weird to name. Outliers. If your votes and your views fall outside an extremely narrow band of corporate-state “centrism”, what follows is about you.

So.

Bill Mitchell, a media figure and DeSantis supporter, doesn’t see the big deal:

The problem is that Trump is “super toxic”, so whatever. Orange Man is bad, so the things you do to Orange Man are unobjectionable. Of course you can take him off the ballot — he’s a jerk. That’s, like, the Constitution.

But the constant background music for me in these discussions is that the government of Canada construed a peaceful protest against vaccine mandates as a national emergency, on par with a foreign invasion, and started freezing bank accounts and mobilizing force for mass arrests. A “Western democracy”, hearing dissent, started turning off the dissenters’ money, which means that government took away the ability of peaceful protesters to pay for things like housing and food. The patience of the global political class for disagreement is narrowing, fast and hard. (Cf. e.g. Ardern, Jacinda.)

So see what’s happening in the United States, and see where it points. On January 6, thousands of protesters turned into maybe hundreds of rioters; many people at the Capitol were peaceful and calm, while some weren’t. Almost none were armed, none used guns, and the question of law enforcement infiltration, provocation, and entrapment remains open.

But no one published a manifesto calling for the violent overthrow of the United States government, and the crowd didn’t line up at the Capitol with rifles and homemade bombs to launch waves of armed attacks on Congress. Compare: here’s Bernardine Dohrn of the Weather Underground declaring war on the United States, and announcing on the radio that “our job is to lead white kids into armed revolution”. Find me that moment on January 6, the explicit declaration of armed revolution aimed at the destruction of the federal government. No one has been charged under the Insurrection Act because no one has violated the Insurrection Act. The “insurrection” is a political construction, not a legal case.

So a riot can be an “insurrection”, in the complete absence of insurrection charges and convictions, if Maine Secretary of State Shenna Bellows (D-Longhouse) feels like an insurrection happened. She can “rule” on that.

Lone officials can unilaterally declare that American citizens are ineligible for participation in elections, because the activities of [insert name of bad people here] can be politically construed as insurrectionist — in the absence of due process and a jury trial.

« Newer PostsOlder Posts »

Powered by WordPress