Quotulatiousness

December 1, 2025

If they’re behind bars, they can’t easily re-offend

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

In City Journal, Tal Fortgang makes the case for keeping repeat offenders in prison (which used to be the norm) rather than allowing the small minority of violent criminals to rejoin society ever more easily and more speedily:

Approaching the dock at Alcatraz on a foggy January afternoon, 1991.
Photo by Nicholas Russon

It’s fashionable to blame America’s high incarceration rates on social injustice — and law enforcement — rather than lawbreaking. If policymakers would just provide disadvantaged people with sufficient resources and economic opportunity, on this view, the crime problem could be solved. That utopian vision gained traction during the mad summer of 2020, when activists, rioters, and the mainstream press, reacting to the death of George Floyd in Minneapolis, sought to replace law enforcement with programs that target the root causes of antisocial behavior. “As a society,” wrote activist Mariame Kaba in the New York Times, “we have been so indoctrinated with the idea that we solve problems by policing and caging people that many cannot imagine anything other than prisons and the police as solutions to violence and harm”.

The truth is otherwise. As Hyland’s case exemplified, violent crime is overwhelmingly the work of a small group of repeat offenders — that is, it is highly concentrated. The remedy, as [political scientist James Q.] Wilson argued half a century ago in his classic book Thinking About Crime, is not social engineering but incapacitation: keeping the violent few from striking again.

Most people are not teetering on the edge of felony, waiting to become, in the Left’s favored euphemism, a “justice-impacted individual”. The overwhelming majority of Americans never engage in serious criminal behavior, let alone commit violent felonies like murder or armed robbery. But those who do are likely to do so again, the evidence shows. Indeed, crime’s concentration is one of the most well-established findings in social science. In 1972, University of Pennsylvania criminologist Marvin Wolfgang reported that just 6 percent of males in a birth cohort accounted for 52 percent of all police contacts. (Violent crime, in particular, is overwhelmingly committed by young males.) Thirty years later, a similar study in Boston found that 3 percent of males were responsible for more than half of their cohort’s arrests after age 31.

The pattern holds across time and place. In 2014, data showed that three-quarters of state prisoners — the core of America’s incarcerated population — had at least five prior arrests. Nearly 5 percent had 31 or more, a larger share than those imprisoned after just a single arrest. In 2022, the New York Times reported that “nearly a third of all shoplifting arrests in New York City … involved just 327 people,” or 0.004 percent of the population, who had been “arrested and rearrested more than 6,000 times”. And in Oakland, a gun-violence-prevention group found that about 400 individuals — 0.1 percent of the city — were responsible for most of the city’s homicides. Violence is concentrated geographically as well. It occurs primarily in poor minority neighborhoods, whose members make up most of its victims.

These figures may even understate how concentrated antisocial behavior is. Wolfgang found that the offending minority committed dozens of crimes for every one that led to arrest. Fifty years later, a similar study reported that delinquent youth “self-reported over 25 delinquent offenses for every one police contact … with some youth reporting upwards of 290 delinquent offenses per police contact or arrest”. Combined with the fact that more than 60 percent of violent crimes reported each year go unsolved, the implication is clear: by the time a violent offender ends up in prison, he has likely committed multiple violent acts and many lesser offenses. Again, these patterns are most common among young men “who exhibited more psychopathic features”, the 2022 study’s authors noted, and “who displayed temperamental profiles characterized by low effortful control and high negative emotionality”. As a massive study from Sweden concludes: “The majority of violent crimes are perpetrated by a small number of persistent violent offenders, typically males, characterized by early onset of violent criminality, substance abuse, personality disorders, and nonviolent criminality”.

Update, 2 December: Welcome, Instapundit readers! Please do have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substack – https://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

November 29, 2025

Eliminating fathers – a long-term goal of early Feminists

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

Janice Fiamengo laments a recent British change to family law that “family courts will no longer work on the presumption that having contact with both parents is in the best interests of a child”. This is merely the latest move in a long-running legal and political struggle to alienate fathers from their children:

“Even today most people will refuse to believe that one of feminism’s main aims is, and always was, to give women the power to rid their families of men.” — William Collins, The Empathy Gap (2019)

“‘The person who is least likely to abuse a child is a married father,’ notes Canadian Senator Anne Cools. ‘The person who is most likely is a single, unmarried mother.'” — quoted in Stephen Baskerville, Taken Into Custody: The War Against Fathers, Marriage and the Family (2007)

[…]

It is a truism that feminists seek to destroy the father-led family and have long worked to do so through anti-father propaganda, legal chicanery, and evidence-free allegations of abuse.

Those who have not read feminists’ own words on this subject may have difficulty appreciating the depth of their desire to deny fathers any legally- or socially-recognized familial role.

Elizabeth Gould Davis’s The First Sex (1971) provides a compelling example. Written at the height of the Second Wave of feminism, and published three years before the author’s death by suicide, it was a popular female-supremacist treatise. In it, Davis rhapsodized about goddess worship and female power in the ancient world, detailing a time when societies allegedly recognized and revered women as the superior sex.

In these societies, according to mythographer Robert Graves, “Men feared, adored, and obeyed the matriarch” (quoted p. 121). In thrall to women, men were peripheral, their roles as fathers non-existent: “[The woman] took lovers, but for her pleasure,” writes Davis, “not to provide her children with a father, a commodity early woman saw no need for” (p. 121). In this matriarchal sexual utopia, “Sexual morals were a matter of personal conscience, not of law” (p. 116), and the sole familial bond was between the mother and her offspring.

A chapter on “Mother-Right” made the case for a return to such a system, explaining that fathers contribute nothing good to their children’s lives. “The father is not at all necessary for a child’s happiness and development” (p. 117). Even children allegedly know this to be so: “In nearly every child’s experience, it is the mother, not the father, who loves all the children equally, stands by them without regard to their worth or lack of it, and forgives without reservation” (p. 118).

The father’s irrelevance is rooted, Davis explained, in men’s inability to love. “Maternal love was not only the first kind of love. For many millennia it was the only kind” (p. 119). Man has merely “learned to appreciate and be grateful for woman’s love, even though he was not emotionally equipped to return it in kind” (p. 119). She quoted Freudian psychoanalyst Theodor Reik to support her view that when men speak of love, they are actually speaking of a mere ‘scrotal frenzy'” (p. 119).

This rhapsody to female power and assertion of male uselessness continues for hundreds of pages in Davis’s ludicrous yet impressively-detailed book. Many feminists at this period made similar claims, attacking fatherhood and calling for the destruction of the patriarchal family. Author and activist Kate Millett, for example, argued in Sexual Politics (1970) that women’s oppression could not be ended without a transformation of “patriarchy’s chief institution […] the family” (p. 33).

In the same year, feminist radical Shulamith Firestone excoriated the patriarchal nuclear family as the “most rigid class/caste system in existence” (The Dialectic of Sex, p. 15). Two years earlier, would-be killer Valerie Solanas had expressed the sentiment crudely in her SCUM Manifesto: “The effect of fathers, in sum, has been to corrode the world with maleness. The male has a negative Midas touch — everything he touches turn to shit” (p. 45).

These were not simply sad cranks penning screeds in cat-piss-scented rooms (though many of them were mentally ill). They were acknowledged leaders of a movement that would, within a few decades, shape and control the core institutions of western civilization.

QotD: Are there no prisons? Are there no asylums?

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

When the Trump administration proposed imprisoning homeless people who don’t voluntarily go to shelters, and the predictable howls of outrage arose, I remembered the most interesting fact I’ve ever learned about imprisonment rates.

The US is often pilloried for having a high level of imprisonment per capita relative to other countries. The US is also quite unusual in having shut down most of its insane asylums many decades ago.

My perspective on these facts changed a great deal when I learned that if you aggregate rates of imprisonment with rates of commitment to mental institutions, the US stops looking like an outlier.

The low-level mentally ill didn’t go away when we closed the asylums. Nor did they magically become more able to function in society when we pushed them out the doors. Instead, they now land in our prisons.

Another implication of all this is that it’s not “structural racism” or any other specific evil that gives the US high imprisonment rates. It’s an inevitable consequence of the social decision to make it very difficult to involuntarily commit people to asylums.

I’m not going to argue today about whether that decision should be reversed. I have an opinion about that, but this post is about facts and consequences, not value claims or what “should” be.

Let’s return to the homeless. It is now common knowledge that homeless people are almost never simply poor or down on their luck. Almost all have serious issues with mental illness or drug addiction, or both. Many refuse to go to shelters because they don’t want to — or are not capable of — complying with a homeless shelter’s behavioral restrictions.

While I don’t have firsthand knowledge or controlled studies to back me up, it seems obvious that the shelters are acting as a filter — the least damaged and most functional homeless go to them, leaving the crazies to inhabit the streets.

Thus, throwing homeless people who won’t go to shelters in prison is an exact functional equivalent of involuntary commitment to a mental asylum.

My question for people who object to imprisoning the mentally ill and drug-addicted homeless is: what do you propose we do instead? Are we prepared to reopen the asylums and lower the bar for involuntary commitment?

I don’t think there’s a third alternative anymore. Donald Trump, whatever his other failings might be, has an acute sense of the zeitgeist; popular tolerance for having the streets of our cities inhabited by crazy people is collapsing. It turns out we can only tolerate so many news stories about naked screaming nut-jobs on the subway.

I’m not going to propose an answer to the question I just raised, because I’m conflicted about it myself. My goal is to start people thinking about the right question, which is a very large one.

What is the humane way to treat people who are too damaged or broken to be functional members of society, and who inflict large costs on others if they’re not separated from society?

If it’s not prisons or asylums, what are we going to do? And given how ineffective psychiatric treatment is at anything beyond management of symptoms, is “prison” vs. “asylum” even a meaningful distinction?

ESR, The social media site formerly known as Twitter, 2025-08-13.

November 26, 2025

The importance of “a bicycle shop in Bermuda” to Mark Carney’s financial affairs

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

It’s no secret that Prime Minister Mark Carney is a rich man. When he entered politics, he put his financial holdings into a blind trust to satisfy the federal government’s ethical and conflict of interest rules. But through this arrangement, he still owns significant positions in companies whose fortunes can (and are) affected by the actions of his government. On Monday, this was discussed at some length by a Parliamentary committee in Ottawa, as reported on his Substack by Dan Knight:

On November 24, in a basement room of West Block, MPs spent two hours asking a very simple question that everyone in Ottawa is suddenly pretending is complicated:

If Mark Carney gets richer when Brookfield does better, and Brookfield is running big climate and infrastructure funds out of what one MP described as a bicycle shop in Bermuda, how on earth is that not a problem for the Prime Minister of Canada?

The man in the hot seat was Justin Beber, Chief Operating Officer of Brookfield Corporation. His job was to calm everyone down. Instead, under oath, he calmly confirmed just about everything the government would rather you didn’t think about too hard.

He started with the corporate biography. Brookfield, he reminded the committee, is a massive global investor headquartered in Toronto. It has more than 600 direct employees in Canada, more than 15,000 workers in its operating businesses, and it paid over $750 million in federal tax last year, not counting provincial and local taxes. All of that is true. None of it changes the basic conflict: the sitting Prime Minister still has long-term compensation that rises when Brookfield, and certain Brookfield funds, succeed.

Conservative MP Michael Barrett went straight there. He asked Beber whether, when Brookfield’s value increases, the value of stock options and deferred share units also increases. Beber said yes. Then Barrett asked whether that changes if those options and units are placed in a blind trust. Beber said no. It does not. The economic reality is exactly the same: if Brookfield’s share price goes up, those instruments are worth more, whether they are in Mark Carney’s brokerage account or parked with a trustee behind frosted glass.

[…]

Cooper spelled out why it matters. Carney, he said, knows what kind of public policy could improve the success of the fund. The fund’s success determines his future bonus pay. Without knowing who the investors are or all of the fund’s positions, Canadians have no way to see where those incentives may line up — or collide — with the national interest. These are not theoretical conflicts. They are simply invisible ones.

Eventually, after some confusion over terminology, Beber did confirm that Transition Fund I has invested in 20 companies and that their names are listed in the ethics annex. Only one of those firms, Entropy, is in Canada. The rest of the portfolio, and the roster of big-money investors behind it, sits offshore, beyond any serious public scrutiny, while the Prime Minister’s upside rides on how well those bets pay off.

The tax side of the story is just as revealing. Bloc MP Luc Thériault put it bluntly: tax avoidance is not a conspiracy theory, it is a business model so widespread that the OECD and G20 built an entire 15 percent global minimum tax regime to deal with it. He cited Canada Revenue Agency estimates of tens of billions of dollars in lost federal revenue each year, including billions attributable specifically to tax avoidance. He asked Beber whether Brookfield engages in tax avoidance. Beber refused to use the term. “We practice tax planning”, he said, like “any other company”. He repeated that Brookfield pays all taxes that are “due and payable” in the jurisdictions where it operates.

That phrase sounds reassuring until you remember who writes the rules that decide what is “due and payable”, and who benefits when the system can be routed through Bermuda via something that, on paper, looks like a bicycle shop.

[…]

At some point, the pattern becomes impossible to ignore. The Prime Minister of Canada left a giant global investor with standard executive incentives, kept his vested long-term instruments, retained a carried interest in a $15 billion Bermuda-run climate fund that will operate into the 2030s, and knows exactly which sectors that firm is betting on. His government is now pouring public money and regulatory support into many of those same sectors. The firm uses structures justified as “tax transparent” that just happen to run through low-tax jurisdictions, including one address a Conservative MP described as a bicycle shop in Bermuda. The man running the firm’s operations will not say the Prime Minister’s potential upside is small. He will not say the global minimum tax is being met in practice. He will not disclose who the fund’s other investors are.

You do not need to be an expert in securities law to see the conflict. You do not need to be an expert in global taxation to see why a bicycle-shop registration in Bermuda is not about cycling. You just need to watch what they are desperate not to talk about directly: the hard link between public power in Ottawa and private profit offshore, wrapped in legal jargon, buried in annexes, and shielded from sunlight by a blind trust and a lot of very careful answers.

November 19, 2025

US Democrats issue clarion call to the military: “You must refuse illegal orders”

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

Well, thank goodness that someone remembers Nuremberg! Apparently President Trump has been issuing illegal orders to the US Army, Navy, and Air Force, and these brave legislators are putting their careers — and even their lives — on the line to defend democracy. I’m unaware of what these specific orders may be, but as Chris Bray points out, he’s the Bad Orange Man so pretty much anything he orders must be illegal:

Note what they don’t say. They say that the American military is being “pitted against” their own countrymen, and they say to servicemembers that “you can refuse illegal orders …”

… they don’t say, even once, even in a pretty clear hint, precisely what illegal orders Trump has issued. He’s being vaguely bad, so you don’t have to obey him. The serious version would look like this: On [date here], the President of the United States ordered [unit name] to enter [place name] for the purpose of [specific action], and that order violated [explicit citation of US Code]. They mushmouth around a set of feelings-signals about Mean Orange Something, but they never quite manage to spit it out. What’s the illegal order anyone is supposed to disobey, and what makes it illegal? News reports suggest that they mean to refer to the boat strikes, but click on that link if you want to see more vagueness and weak hinting.

This is exactly what the Catholic bishops just did in their own stupid virtue performance, the precise mark of an absence of seriousness in a coven of drama queens, as they declared that they’re very concerned about questions that have arisen regarding certain situations involving immigrants. More mush from the wimps. Donald Trump is very bad, because mumble mumble mumble. Be precise and clear, or be silent.

This is an age of unseriousness, and here’s another heaping plate of it. Soldiers, you don’t have to obey the orders of your military superiors if you feel that they, that they, uh, oh hey look at the time anyway I have to go. It’s passive-aggressive bad girlfriendspeak as politics. I guess if you feel like you have to obey, that’s fine. No, it’s fine! I’m not mad! Let’s just go to dinner!

We want to speak directly to members of the military, but we don’t actually have anything to say. Just, you know, disobey the president. Small thought, not a big deal.

High school drama club president Elissa Slotkin has been banging on this drum in an especially insistent way, as she holds town hall meetings with veterans who mumble their own vague slogans about Trump bein’ against the Constitution real hard and stuff.

But all of their descriptions are stupid. Sending a few hundred National Guard troops to a city of hundreds of thousands of people with narrow orders about protecting federal facilities and personnel or patrolling to deter violence isn’t military conquest of the population or the militarization of all law enforcement. The hyperbole renders the argument insane. Related, the veterans in Slotkin’s video talk about the “systematic removal” of military leaders, and the “purge of the generals”. The US military has over 800 flag officers; the Trump administration has removed about 15. There’s a desperate stupidity to all of this panic-mongering that just renders it deeply tiring.

Actual servicemembers will be familiar with the rhetorical style of the shithouse lawyer, the idiot in the barracks who tells you that akshully they can’t order you to do that, it’s totally illegal.

You should just tell your drill sergeant that you refuse! He can’t even do nothin’ about it! He’ll just back right down!

November 17, 2025

The US Supreme Court considers whether Trump’s tariffs are legal

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

Thanks to the staggering incompetence (and/or deliberate provocation for domestic political advantage) of the Carney government’s dealings with President Donald Trump, the current case before the Supreme Court is of significant interest to those of us on the north side of the US-Canadian border. On his Substack, David Friedman discusses the issues before the court:

There are three things wrong with Trump’s tariffs. The first is that they cannot be expected to provide the benefits claimed, can be expected to make both the US and its trading partners poorer; the arguments offered for them depend on not understanding the economics of trade. For an explanation of why that is true, see an earlier post.

The fact that the tariffs make us poorer may be the most important thing wrong with them but it is irrelevant to the Supreme Court; nothing in the Constitution requires the president to do his job well. The questions relevant to the Court are whether what Trump is doing was authorized by past Congressional legislation and whether it was constitutional for Congress to authorize it.

What Counts As An Emergency?

Tariffs are under the authority of Congress, not the president.1 Trump’s justification for setting them himself is congressional legislation, the International Emergency Economic Powers Act.

    (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

    (b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. (IEEPA, 50 U.S. Code § 1701, emphasis mine)

Trump declared that his Worldwide Reciprocal Tariffs were intended to deal with the US trade deficit.2 Whether the deficit is a threat and whether tariffs are a good way to deal with it are questions for economists3 but whether it is unusual is relevant to judges, since if it is not the IEEPA does not apply.

[…]

The Court on Trial

Delegating to the president the power to impose tariffs, a power explicitly given to Congress in the Constitution, is a major question. Under doctrine proclaimed by this court that means that the legislation claimed to delegate that power must be read narrowly. On a narrow reading, on anything but a very broad reading, the legislation fails to apply to President Trump’s tariffs for two independent reasons:

    It only grants power in an emergency, which under the language of the Act neither the trade deficit nor the illegal drug problem is; the deficit has existed since 1970, the War on Drugs was proclaimed in 1971.

    The powers granted to the president in the Act do not include the power to impose tariffs.

If the six conservative justices believe in the principles they claim, the administration will lose the case 9-0.

  1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises … To regulate Commerce with foreign Nations … (U.S Constitution, Article I, Section 8).
  2. “I found that conditions reflected in large and persistent annual U.S. goods trade deficits constitute an unusual and extraordinary threat to the national security and economy of the United States that has its source in whole or substantial part outside the United States. I declared a national emergency with respect to that threat, and to deal with that threat, I imposed additional ad valorem duties that I deemed necessary and appropriate.” (Executive Order July 31, 2025).
  3. The answers are no and no.

November 8, 2025

All cultures are not equal, especially when it comes to crimes like rape

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

On the social media site formerly known as Twitter, Dr. Sydney Watson responds to a post on feminists blaming all men for the actions of some men from other cultures:

    Jessica Pin @jess_ann_pin

    It bothers me so much when some feminists act like men are just as misogynist and violent everywhere.

    That’s not true. Men from some cultures are absolutely worse than others.

    I’m not saying there is a genetic difference. But there are definitely cultural differences, and we need to be careful about who we let in.

    [Full sized images in the linked post]

I don’t know how to explain this succinctly —

But, ages ago I watched this series about prisons around the world. There were a few episodes that focused on prisons in African countries – how the prisons ran, what people were charged with etc.

What stood out to me was that over 50% of the male prisoners were there for some sort of sex crime – rape, sexual assault, child sexual abuse etc.

What was even worse was that, when asked about why they committed these crimes, a lot of the men said things about how they were “teaching the woman a lesson” or raping her was some sort of “punishment.”

And I couldn’t help but think, “well, that checks out. Given how these men from these places come to Western countries and rape women.”

People might not like hearing that, and the less evolved among us chalk it up to “racism” (lol) but if someone comes from a culture that views rape as a form of punishment for unruly women, then why would that viewpoint suddenly change when their feet hit British/Swedish/Canadian soil?

If, culturally, you view women as barely people, why on earth would you suddenly start because you’re in a new place?

Point being – it’s utterly mad to put women and girls at risk because people don’t want to admit that some cultures are horrible. I’m tried of pretending that all cultures are equal when they’re so obviously not.

Update, 10 November: Welcome, Instapundit readers! Please do have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substack – https://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

Think Before You Post | How the UK fell to a sinister new form of censorship

Filed under: Britain, Government, Law, Liberty, Media, Politics, Technology — Tags: , , , , , — Nicholas @ 04:00

spiked
Published 27 Oct 2025

“Think before you post.” Those were the words screamed out by government social-media accounts, threatening to lock up people for “hate speech”, as riots swept the United Kingdom in the summer of 2024. To those who hadn’t been paying attention, it offered a stark insight into a supposedly liberal, democratic nation that had come to police speech as much as, sometimes even more so, than actual violence. Inciting racial hatred, inciting religious hatred, “grossly offensive” online communications – over the past 60 years or so, Britain has written one new speech crime after another into its statute books. And it has led to a situation in which at least 30 people a day are now arrested in England and Wales for social-media posts. This is a documentary about some of those speech criminals. What we found out was even more chilling than the headlines would have you believe. Featuring: Maxie Allen, Rosalind Levine, Toby Young, Allison Pearson, Luke Gittos and Jamie Michael.

November 3, 2025

The BC government “has been doing everything in its power to have Aboriginal title triumph across B.C.”

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

A Fraser Institute commentary by Bruce Pardy addresses the role of the NDP government of British Columbia in undermining the established laws on land title in the province among other actions to the advantage of First Nations bands and to the definite disadvantage of ordinary British Columbians:

Recently, British Columbia Attorney General Niki Sharma said that fee simple title in private property is superior to Aboriginal title. She’s a day late and a dollar short. In fact, her NDP government, led by Premier David Eby, has been doing everything in its power to have Aboriginal title triumph across B.C.

A B.C. Supreme Court judge has granted several First Nations a portion of a 1,846-acre land claim on Lulu Island. B.C. Supreme Court

A few days earlier, the City of Richmond sent out a letter to more than 125 property owners warning them that the security of their land is in doubt. “For those whose property is in the area outlined in black,” the letter reads, “the Court has declared aboriginal title to your property which may compromise the status and validity of your ownership … The entire area outlined in green has been claimed on appeal by the Cowichan First Nations.”

The Richmond letter is a consequence of a recent decision of the B.C. Supreme Court, which awarded Aboriginal title over 800 acres of land in Richmond to the Cowichan First Nation. Wherever Aboriginal title is found to exist, said the court, it is a “prior and senior right” to other property interests, whether the land is public or private.

It is finally dawning on British Columbians that obsequious devotion to reconciliation is putting their land at risk. Sharma claimed that B.C. was pursuing multiple grounds of appeal, but that makes her a hypocrite. Her government did not robustly defend in court against the Cowichan claim. And in a dozen other ways, the Eby government has sought to put title and control of B.C. into Aboriginal hands.

In early 2024, it proposed to amend the province’s Land Act, which governs the use of Crown land in B.C. It planned to give B.C.’s hundreds of First Nations a veto over mining, hydro projects, farming, forestry, docks and communication towers. The government tried to consult quietly, but the backlash was immediate. It withdrew the proposals, promising to be more transparent. But it did not shelve its objectives or its plans. And did not deliver on its promise. Instead, it sought to make agreements over specific territories with specific Aboriginal groups, often negotiated covertly and announced after the fact.

In April 2024, the Eby government recognized Aboriginal title to Haida Gwaii, the archipelago on Canada’s West Coast. Around 5,000 people live on Haida Gwaii. About half are Haida, who voted overwhelmingly in favour of the deal. But non-Haida residents had no say. The Haida agreement says private property will be honoured, but private property is incompatible with Aboriginal title, which is communal. If Haida Gwaii really is subject to Aboriginal title, then no one can own parts of it privately.

Update: I forgot to include the URL to Mr. Pardy’s article … fixed now.

October 29, 2025

Clankers on the bench

Filed under: Australia, Law, Technology, USA — Tags: , , — Nicholas @ 03:00

The cynic in me wonders if having AI judges would make the justice system any worse, given the ever-increasing pro-criminal bias on display in courtrooms across North America and Europe:

Grok generated this in response to my request for “Robbie the Robot as a judge”

It’s the question rattling through chambers and law schools. Are we in danger of a world where the solemn business of justice, liberty, livelihood, and who really owns the back fence is entrusted not to a human in robes but to a chirpy algorithm with a software bug and a 4,000-word disclaimer? Are we handing over judgment itself to machines, or simply giving them the photocopying and hoping they don’t start offering opinions?

Because, depending on whom you ask, AI in law is either (a) the long-delayed democratization of justice for ordinary people or (b) the first act of a constitutional farce in which courts drown beneath PDFs full of nonsense and fake footnotes.

The Machinery Arrives

Beneath the wood paneling and the reassuring thump of legal pomposity, something mildly heretical is afoot. Judges, clerks, and barristers — those high priests of precedent — are quietly feeding their briefs to generative AI, which now whirs away in the background, summarizing, drafting, and rummaging through case law while its human overlords wrestle with the biscuit tin and their consciences.

According to the Judicial Commission of New South Wales (NSW), the robots are already in the building. Their latest handbook cheerfully notes that AI is used for legal analytics, mass document review, “natural language” searching, and predictive modeling — all of which sound terribly sophisticated until you realize they’re essentially Excel spreadsheets with delusions of grandeur. A UNESCO survey adds the clincher: nearly half the world’s judges, prosecutors, and court staff have used generative AI for work, and only 9 percent have had what’s politely called safe-usage training. This is training where someone explains that you shouldn’t upload confidential evidence to a chatbot that lives in the cloud or take legal advice from a program that thinks Brown v. Board of Education was a musical.

The Law Society of NSW, in a rare fit of clairvoyance back in 2016, created something called the Future Committee — the sort of name that already sounds like a sci-fi tribunal convened to ban fun. Their brief was to consider what might happen when clients demanded more for less, junior lawyers were burnt to a crisp, and artificial intelligence started politely asking, “Shall I draft that for you?” The conclusion was simple: adapt or be eaten.

Meanwhile, in London, the Law Society of England and Wales skipped the warm-up act and went straight to the apocalypse. Its 2021 report, Images of the Future Worlds Facing the Legal Profession 2020–2030, envisioned a legal world in which routine advice would be swallowed whole by AI portals, full-time lawyers would be reduced to an endangered species, and the survivors would work alongside AI and be mandated to take “performance-enhancing medication in order to optimise their own productivity and effectiveness.” The whole thing reads like 1984 rewritten by a management consultant — right down to the faint violin of self-pity playing somewhere in the distance.

Oh, but those were in Australia and the UK, it’s not that bad in North America, surely? Uh, well …

Across the Atlantic, the award for Legal Farce of the Century goes to Mata v. Avianca, Inc. (S.D.N.Y. 2023). In this modern masterpiece of professional self-immolation, a team of lawyers filed court papers quoting three magnificent precedents: Varghese v. China Southern Airlines, Martinez v. Delta, and Zicherman v. Korean Air Lines. Unfortunately, none of them existed — not in Westlaw, not in Lexis, not even in the fever dreams of law students. When the judge asked, quite reasonably, to see the cases, counsel could only offer the look of people discovering gravity for the first time. Sanctions followed under Rule 11 for what the court delicately called “subjective bad faith”, which is American for “you made this up”. The ruling is now shown at continuing-education sessions under the optimistic title Let’s Not Do That Again.

The sequel writes itself:

  • Massachusetts: A lawyer submitted memoranda stuffed with phantom cases, blamed “the office AI”, and was fined. The judge, channeling divine exasperation, warned that blind acceptance of AI-generated content is not a defense — it’s a lifestyle choice.
  • Alabama: Attorneys for the state prison system filed citations to imaginary authorities and were sentenced to the most humiliating punishment known to the bar: writing apology letters to their law school deans and delivering public lectures on ethics.
  • California: One overzealous litigator managed to produce a brief in which twenty-one of twenty-three authorities were pure fiction. The court fined him, the press dined out on it, and AI-compliance seminars across America gained a new slide.

Thus, the first commandment of the digital age is: the robot may write it, but the Submit button still belongs to a human — and the human still gets to explain it to the judge.

October 21, 2025

The threat to legal title to land across Canada

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

I’d warned years ago that the performative “land acknowledgements” that so many Canadian organizations started using at the beginning of events and gatherings at least a decade back were a bad idea, because they were almost always historically misleading and might be used in future lawfare. Well, the future is here, and the precedent has been set in British Columbia with a court ruling that aboriginal land claims from a BC First Nation has more standing in court than the legal titles held by the current owners. On his Substack, Brian Lilley discusses the issue:

The City of Richmond, British Columbia is warning homeowners their title to their homes may be at risk. It all dates back to an August ruling from the B.C. Supreme Court called Cowichan Tribes that said Crown and private title in a 7 1/2 square kilometre area of Richmond was “defective and invalid.”

While some at the time said that the ruling would not impact homeowners, the legal department for the City of Richmond clearly thinks differently.

“The court has declared Aboriginal title to your property which may compromise the status and validity of your ownership – this was mandated without any prior notice to the landowners,” a letter sent to homeowners in the area impacted reads.

The letter was sent by Mayor Malcolm Brodie and tells residents the city will be appealing and holding public consultations. It’s not just the City of Richmond appealing this ruling it’s also the province and the Musqueam Indian Band.

You can read more from our friends over at Juno News.

The entire ruling from the B.C. Supreme Court is confusing, as is the jurisprudence set out by the Supreme Court on the issue of Aboriginal title dating back to one of those decisions in 2014. Thankfully Professor Dwight Newman, the Canada Research Chair in Rights, Communities and Constitutional Law at the University of Saskatchewan, has laid out an explainer of what happened in the Cowichan case, the 2014 Supreme Court case and what needs to be done going forward.

Give it a read.

Last week, Kim du Toit responded to an Australian land acknowledgement on a recent TV show:

The history of this entire world is a story of migration, settlement, wars over territory and Tribe A taking land from Tribe B — bloody hell, they’re still fighting the same wars in the Balkans — but it’s only recently that the arguments over who owns what have become a third-party issue rather than something that the involved parties settle between themselves. Or, to put it in a more scholarly fashion:

    Every person alive on this planet today has ancestors who were displaced by force somewhere in their lineage. Every person alive on this planet today has ancestors who displaced other people by force somewhere in their lineage. It’s an inevitable fact of human history. American natives fought with each other over land and resources, and some tribes, like the Dakota (Sioux), were notorious for attacking their neighbors. Europe’s history is rife with such, from the Vikings to the Norman invasion of Britain. In fact, few if any of the people of Europe today are the original inhabitants of the land they reside on now; the one exception may be the Basque of the Pyrenees Mountains, but even they, at some point, came there from somewhere else. The French people we know now derive their name from the Franks, a Germanic tribe, and as for the British Isles, that motley group of islands has seen so many invasions, from Picts to Celts to Romans, Saxons, Anglians, Jutes, and Normans, that it would be difficult to keep track as they go by.

Here’s the simple response to all the handwringing and aggrievement over the “stolen land” claims: get over it, because you’re never going to get it back. End of story.

And to a lesser extent, the same is true of “cultural appropriation”: where White kids are somehow forbidden to wear their hair in those disgusting dreadlocks because Africans somehow have “ownership” of a hairstyle. What bullshit. It’s like saying that Black people can’t drink Scotch whisky because whisky is traditionally a product of the northern provinces of (lily-white) Britain, or that the Irish can’t eat chips because potatoes originally came from America.

Everyone borrows cultural artifacts and customs from everyone else. That’s been the habit of mankind for millennia, and no cries of outrage can overturn it.

When it comes to land, the stronger group has taken it from its “original” (and sometimes not-so original) weaker inhabitants. That this activity has become somewhat less egregious and bloody in recent times does not gainsay its basic premise — and where it has become more bloody, the weaker continue to learn its hard history — as the “Palestinians” are (re-)learning in their efforts to eradicate the state of Israel. (They’re unlikely ever to give up, which simply means that Israel will be forced to teach them the same lesson again and again, ad infinitum. As I’ve said many times before, the Arabs are lucky that the Jews have an inexplicable aversion to genocide, or else “from the river to the sea” could easily have changed to “from the Golan to the Suez”. Vae victis — a Latin expression — has particular currency here.)

So enough with the kowtowing (a Chinese expression) to the Perpetually Aggrieved. Fuck off, all of you, and make the best of what you’ve got. Heaven knows, most of what you can achieve comes courtesy of Western civilization.

You’re welcome.

October 15, 2025

“Birthright citizenship” in Canada

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

In the National Post, Jamie Sarkonak explains what birthright citizenship means in Canada and why it makes sense to change the rules to bring Canadian practice more in line with other Anglosphere nations:

Canadian passport covers (pre-2025 on the left, current cover on the right)
Detail of a photo by Jusfiq via Wikimedia Commons

Anyone in the world can come to Canada, have a baby, and secure that child a lifetime of Canadian benefits along with a family link to this country for later chain migration. They don’t have to speak English or French; they don’t have to share our taboos against incest and rape; they don’t need to contribute anything to Canadian society. There are no guardrails.

But on Tuesday, we got a glimpse of how good things could be when Conservative immigration critic Michelle Rempel Garner proposed a simple change to the law that would prevent citizenship from being granted to children born in Canada to non-citizens — unless at least one parent has permanent residency.

This would close Canada’s widest and most longstanding chain migration entry point without being too harsh on the foreign nationals who have established a connection to the country (though we do need higher standards for PR, too). It’s about as fair as you can get. Alas, Rempel Garner’s amendment was promptly shot down by the Bloc Québécois and the Liberals, who believe in the extreme approach of handing passports out like candy at a parade.

The rest of the world has noticed our complete lack of boundaries and is taking advantage of it. Non-resident births in 2021-22 doubled to 5,698 from the previous year’s 2,245. It’s a cottage industry in B.C., and in one study of 102 birth tourists at a Calgary hospital, the most popular source country was Nigeria, but parents also came from the Middle East, India and Mexico. Keep in mind that these are just the non-residents — there are plenty of other temporary residents giving birth here, but we don’t seem to be keeping track.

Even if these children grow up and never set foot in Canada again, they’ll be entitled to all the benefits of citizenship. They’ll be able to run for office, vote, and obtain consular services if unrest engulfs whatever country their family has chosen to raise them in. If they ever join a terror organization like ISIS, Canadian officials will be expected to retrieve them.

October 12, 2025

Restricting activism from the bench

Filed under: Britain, Government, Law, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 09:05

As we’ve seen far too many times in Canadian courts, when judges become politically active, they can produce far worse situations than the politicians who cynics might say are specialists in that discipline. British judges, however, are still well ahead of their Canadian counterparts:

Until judges are replaced by robots, we will have to accept the reality of activist judges. Even the most august patriarch of the bench cannot wholly escape his innate human biases. And so perhaps there was something in Robert Jenrick’s speech at this week’s Conservative Party Conference, in which he announced that, if elected, the Tories would empower the Lord Chancellor to appoint judges and more carefully scrutinise their political activities.

Those who have supported the ideological capture of our major institutions were understandably furious. The New Statesman claimed that Jenrick had “declared war on the judiciary”. But then, the New Statesman is an activist publication which can make no serious claim to impartiality or sound journalistic standards. (Those in any doubt about its mendacity should take the time to read about its shameful treatment of Roger Scruton.)

The problem of an activist judiciary is currently preoccupying the White House, given that a number of federal judges have attempted to block executive policies or have issued nationwide injunctions. Trump himself was convicted on thirty-four felony counts by a judge who had made small political donations to Democratic-aligned causes. It seems clear that given these circumstances he ought to have recused himself. The entire case, of course, was an example of the law being twisted for politically partisan ends. (The best overview is by the senior legal analyst for CNN, Elie Honig, which can be read here.) Little wonder that Trump now appears to be seeking revenge through the courts.

In the UK, there have been a number of revelations of judges tied to political causes whose claim to impartiality seems shaky at best. During his speech, Jenrick spoke of those judges who have been associated with pro-immigration campaign groups and have “spent their whole careers fighting to keep illegal migrants in this country”. Many commentators have observed a generalised bias toward asylum applications, sometimes to an absurd extent. Who could possibly forget the Albanian criminal whose deportation was halted by an immigration tribunal on the grounds that his ten-year-old son did not like foreign chicken nuggets?

Leaving such outliers aside, most of us will have noticed patently ideological remarks occasionally uttered by judges during sentencing. In the Lucy Connolly case, the judge explicitly expressed his support for the creed of DEI before sentencing her to 31 months in prison for an offensive and hastily deleted post on social media. “It is a strength of our society that it is both diverse and inclusive”, he said. It couldn’t be much clearer than that.

That lawfare has become a major weapon in the settling of political disputes should trouble us all. Judges are not accountable to the electorate, and so any suggestion that they are exercising power for their own political ends is bound to be interpreted as a threat to democracy. Inevitably, Jenrick’s criticism of activist judges, and his call for them to be removed, has led to some commentators assuming that he would prefer judges who simply acted according to the government’s bidding. That way lies tyranny.

October 11, 2025

Crossing the line between “justice” and “persecution”

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

At The Intrepid Viking, Roxanne Halverson notes just how determined the Canadian justice system was to inflict the most pre-trial punishment as possible on Tamara Lich and Chris Barber for their leadership role in the Freedom Convoy:

Tamara Lich and Chris Barber
Photos from The Intrepid Viking

The convoy leaders, Lich and Barber, […] finally learned their fate in an Ottawa courtroom on October 7th, 2025, almost four years since the trucks first rolled into the capital, and over two years since their trial began on September 5, 2023. Rather than the unwarranted and what can only be described as vindictive prison terms sought by the Crown, Justice Heather Perkins-McVey instead sentenced them both to conditional non-custodial sentences of 18 months. A decision, one can be sure, the Crown is not pleased with and one that is nothing short of humiliating given it falls farther short from the seven and eight year terms they argued for than they could have possibly imagined.

[…]

But Lich and Barber have indeed suffered. Both have been put through the legal grist mill of what now serves as Canada’s justice system since they day they were put into handcuffs and arrested on February 17/18, 2022. Barber was released on a bail bond of $100,000 after a night in jail with his wife acting as surety, meaning she would forfeit that amount if he breached his bail conditions. Under those conditions he was required to leave Ottawa within 24 hours of his release and depart Ontario in 72 hours, no longer support the Freedom Convoy and cease contact with fellow organizers. Breach of these conditions could also have landed him back in jail. His business and personal finances were also frozen for three months as part of the government’s illegal actions under the Emergencies Act. And now, to further try and impair and punish him financially the Crown prosecutors on this case are still attempting to seize and destroy his truck and livelihood, Big Red, which became a symbol of the Freedom Convoy. That matter is expected to be settled by Justice Perkins-McVey in court in November of 2025.

Lich, after her arrest spent a total of 49 days in jail before she was even convicted of any offence. Denied bail after her initial arrest in February, she spent 19 days in remand custody in an Ottawa jail because a judge deemed it was “necessary for the protection and safety of the public“. She was finally released on March 7, 2022 after an Ontario Superior Court Justice overturned the lower court’s outlandish ruling.

The vindictive nature of the first Crown prosecutor on their case, Moiz Karimjee, soon came to light when Lich was announced the winner of the George Jonas Freedom Award in May of 2022. He petitioned to have her bail revoked, arguing that being a recipient of the award was a breach of her bail conditions. Justice Kevin Phillips disagreed and amended provisions of her bail to allow her to attend the award dinner in Toronto, but still prohibited her from communicating with “certain” individuals at the dinner unless in the presence of legal counsel.

Karimjee, seemingly obsessed with seeing her back in jail, accused Lich of another alleged bail breach after she attended the award dinner when video evidence later surfaced of her having a brief congratulatory interaction with Tom Marazzo a Freedom Convoy organizer she was prohibited from interacting with. As a result, on June 27 Karimjee dispatched two Ottawa homicide detectives, yes homicide detectives, to her home in Medicine Hat to put the diminutive grandmother in shackles and fly her back to Ottawa and throw her back in jail. She was finally released following another bail hearing, in which Karimjee made every effort to keep her behind bars, but justice prevailed and she was released from custody on July 27, 2022.

Lich’s lawyer Lawrence Greenspon was highly critical of Karimjee’s actions stating, “This is the third time the crown has tried to incarcerate Ms. Lich, this time for a three-second interaction, and a photo. The prosecutorial response to this far exceeds the severity of the alleged breach“. Further remarking on the situation, Greenspon added, “Had there been a proper investigation before Tamara Lich was arrested, shackled, hauled halfway across the country and then kept in jail for 30 days, they would have realized that her then-counsel were present at the time and therefore these charges should never have been laid“.

And like Barber, and many other convoy protesters, Lich’s bank accounts were also frozen by the government under the Emergencies Act for a period of three weeks.

On the social media site formerly known as Twitter, Eve Chipiuk posted:

Read it and weep, snowflakes. The lies are exposed, the facts don’t lie, and people across the world can see the truth.

The question remains: when will you stop lying to yourself and others, and start thanking your fellow citizens for fighting for your freedom?

“Tamara Lich and Chris Barber, organizers of the most successful protest in Canadian history, kept their cool, kept the peace and brought national unity, patriotism and common sense back to Canada after the pandemic – this, despite the sustained efforts of the most aggressively controlling, divisive government the nation has ever had. They achieved this under intense pressure and at great personal cost.

They’re national heroes, and the persecution waged against them is destroying trust in the Canadian judicial system, though the judge involved does not seem to realize it. Justice Perkins-McVey said in court that if she discharged the defendants, it would “undermine confidence in the administration of justice”.

But it’s quite the opposite …

There was another ironic moment at the sentencing. The judge announced, “Politics has no place inside this courtroom” – yet the trial has been widely viewed as nothing more than the political vengeance of Doug Ford and the Ontario government.

If it weren’t for politics, Lich and Barber would never have been arrested, let alone put through jail time, solitary confinement, loss of employment, years of drawn-out, costly legal proceedings, onerous bail conditions and emotional strain …

This means the public is paying twice – once as taxpayers, with money intended to pursue real criminals wasted on a political vendetta – and once again, voluntarily, to support the brave people who stood up to ask for an end to lockdowns and vaccine mandates.

This is the same public that already gave $24 million to the truckers to help them go to Ottawa and protest vaccine mandates and lockdowns: $24 million that never reached them, because politicians colluded with fundraising sites and banks to freeze the money, debank the protestors and doxx the donors, all without a court order. No criminal charges have been laid in Canada, to this writer’s knowledge, against the perpetrators of these deeds, though they damaged national institutions far more than any protest ever could.

Justice Perkins-McVey is right to be concerned about confidence in the administration of justice. Many Canadians share her concern. Sadly, her handling of this case has done little to dispel their fears.”

October 8, 2025

Sentenced for their role in the largest peaceful demonstration in Canadian history

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

The longest “mischief” trial in Canadian history finally concluded on Tuesday with Chris Barber and Tamara Lich receiving much lighter sentences than the crown had asked for, but in my opinion, far harsher than justice demanded:

One of the readers at Small Dead Animals got a clanker to summarize this: “Regarding the convictions of Tamara Lich and Chris Barber, compare their trials and sentences to leftwing protesters who have openly and violently broken laws in Canada.”

In comparison, left-wing protesters in Canada involved in violent or disruptive actions — such as anti-pipeline blockades (often tied to environmental and Indigenous rights causes) or Black Lives Matter (BLM) demonstrations against racism and police violence — have typically faced shorter trials and lighter sentences for similar or more destructive offenses. These cases often involve civil disobedience escalating to property damage, blockades, or clashes with police, but convictions emphasize non-violent intent or police misconduct, leading to minimal incarceration.

Overall, Lich and Barber’s cases drew unusually aggressive prosecution (e.g., multi-year sentences sought) despite no violence, contrasting with lighter outcomes for left-wing actions involving property destruction or direct confrontations. This disparity has fueled debates on selective enforcement, though courts in both contexts prioritize deterrence while considering protest motivations.

Unlike a lot of clanker slop, that is pretty fair. More reactions on the social media site formerly known as Twitter:

In the Toronto Sun, Joe Warmington accurately calls it a “show trial of sorts”:

Even though this is far better than making these two go to prison or jail, these are still stiff sentencing considering neither were violent during the Convoy and both worked with police to tone things down during the three week protest that came to an end when the Trudeau government invoked the Emergencies Act.

But this was a show trial of sorts, and Lich and Barber were political prisoners. Remember, both of these people have had the hardship of waiting 1,328 days through the longest mischief trial in Canadian history to get to this point. They had their bank accounts frozen during the convoy, Lich lost her job and Barber’s business is at risk of going under. A hearing is scheduled for next month in an effort to seize his famous “Big Red” truck.

It’s also lost on few that so many criminals with far more serious crimes have received far less in terms of length of trial, effort of the Crown and sentencing.

These are certainly stiffer sentences than some parliamentarians have received. For example, in 2021, Former Liberal Kitchener South-Hespeler MP Marwan Tabbara was handed a conditional discharge and put on probation for three years after his guilty plea was entered for two charges of assault on a man and a woman in Guelph. He also pleaded guilty to the amended charge of “unlawfully” being “in a dwelling” or home.

Conservative Sen. Patrick Brazeau was given an absolute discharge in 2015 on his guilty plea to assault and narcotics counts, which allowed him not to serve time or gain a criminal record. But while they did avoid jail time, Lich and Barber did get the book thrown at them harder than most.

Update, 9 October: Welcome, Instapundit readers! Please do have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substack – https://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

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