Quotulatiousness

January 10, 2013

Reason.tv: 5 Facts About Guns, Schools, And Violence

Filed under: Law, Media, Politics, USA — Tags: , , , , — Nicholas @ 10:39

No one wants to ever again see anything like the senseless slaughter of 26 people — including 20 children — at a school. But as legislators turn toward creating new gun laws, here are five facts they need to know.

1. Violent crime — including violent crime using guns — has dropped massively over the past 20 years.

The violent crime rate — which includes murder, rape, and beatings — is half of what it was in the early 1990s. And the violent crime rate involving the use of weapons has also declined at a similar pace.

2. Mass shootings have not increased in recent years.

Despite terrifying events like Sandy Hook or last summer’s theater shooting in Aurora, Colorado, mass shootings are not becoming more frequent. “There is no pattern, there is no increase,” says criminologist James Allen Fox of Northeastern University, who studies the issue. Other data shows that mass killings peaked in 1929.

3. Schools are getting safer.

Across the board, schools are less dangerous than they used be. Over the past 20 years, the rate of theft per 1,000 students dropped from 101 to 18. For violent crime, the victimization rate per 1,000 students dropped from 53 to 14.

4. There Are More Guns in Circulation Than Ever Before.

Over the past 20 years, virtually every state in the country has liberalized gun ownership rules and many states have expanded concealed carry laws that allow more people to carry weapons in more places. There around 300 million guns in the United States and at least one gun in about 45 percent of all households. Yet the rate of gun-related crime continues to drop.

5. “Assault Weapons Bans” Are Generally Ineffective.

While many people are calling for reinstating the federal ban on assault weapons — an arbitrary category of guns that has no clear definition — research shows it would have no effect on crime and violence. “Should it be renewed,” concludes a definitive study, “the ban’s effects on gun violence are likely to be small at best and perhaps too small for reliable measurement.”

Recapping the awful legal conditions for Ontario wineries

Filed under: Bureaucracy, Business, Cancon, Law, Wine — Tags: , , — Nicholas @ 09:44

In the latest issue of Ontario Wine Review, Michael Pinkus explains why the outcome of the last provincial election dashed a lot of hopes in the Ontario wine industry:

Give an Ontario winery the chance to vent its spleen, especially about the recent provincial election and the future of the wine industry in the province, and you can sit back, pour a glass and listen to what has been described as “years of frustration”. Ontario remains one of the most backward places to make and sell wine and the rules and regulations are just so 1920s (the decade our monopoly was formed). One of the most telling problems about our system is how many winery principals are afraid to go on the record with their comments. “I will ask to remain anonymous as quite frankly I am afraid of LCBO backlash. We are spending more and more time getting to know the LCBO system [as one of the only ways to grow our business] … and I am sure with one phone call the buyers will drop us … without the LCBO we are screwed.” Now, you would think we were discussing selling forbidden information in communist Russia or talking against the state in Stasi-controlled Cold War Germany, instead of discussing election results in a “free” country like Canada. [. . .]

“We are definitely one of the worst regulated wine industries in the world. No other jurisdiction has supply-managed grapes and government-owned monopoly distribution (a system designed to fast-track imported wine into Ontario). In fact, I am hard pressed to think of any other industry in Canada that has this type of anachronistic regulatory burden. Off the top of my mind, a list of products more dangerous than 100% grown Ontario wine that are less regulated: hunting rifles, cigarettes, pseudoephedrine, ATVs, fast food, pointy sticks, etc.” (AWP)

So what can you as a consumer do about this situation? First of all, you can of course become more informed, look into why you can’t order wines from other provinces, question, and why you can’t buy local wines at wine shows or farmers’ markets. Find out why wineries are limited to where they can sell their wines and why only a handful of wineries are making money hand-over-fist because of the ability to blend foreign wine with domestic wine (yet over 98% of wineries cannot use that practice) and why those same wineries can sell wine in off-site stores, while smaller un-grandfathered post-1993 wineries struggle to sell wines in one of three places: their cellar door, restaurants and the restrictive LCBO. Many wineries won’t go on the record against the biggest wine buyer in Ontario (so much for free speech).

[. . .]

Problem One are direct sales to restaurants and other licensee holders (banquet halls, etc). One AWP says OMAFRA (Ontario Ministry of Agriculture, Food and Rural Affairs) puts ridiculous regulations in place. “If I sell a bottle of wine at the winery for $10.00 (including all taxes etc), I get to keep $7.55 of that. If I deliver that wine to a restaurant, I get to keep $4.03, rather than $7.55. Although LCBO has not touched that bottle, I have to pay the equivalent of LCBO warehousing charges. This overhead is not warranted as cost recovery by LCBO, as its only responsibility is the audit of winery reports.”

Remember the LCBO had nothing to do with the sale, yet it makes money on it.

Problem Two is that market share is actually declining. According to numbers obtained by the Winery and Grower Alliance of Ontario (WGAO), Ontario’s market share of wine, in its own market place, is actually declining — although an agreement made years ago stated that the LCBO would work towards a 50% target for Ontario market share compared with imported wine. The numbers show a different story. In 2010/2011, imports had 61% of the market, while Ontario had only 39%, of which 29% were International-Canadian blends (the old Cellared in Canada) … leaving Ontario VQA wine (100% Ontario product) with a measly 10% (WGAO newsletter — August 2011) … Ontario is losing ground in its own market — and that’s not because of low quality wines, that’s because access to market is curbed. Says one winery principal on the subject: “The present situation is choking the wine industry in Ontario” while another says, “it is very apparent that the LCBO is unable or not interested in growing the VQA wine industry.”

January 9, 2013

What does “status” mean in the Canadian First Nations context?

Filed under: Cancon, Government, Law — Tags: , , , , — Nicholas @ 13:23

If you’re confused by the current debate over First Nations people and their relationship with the Crown, you’ll probably want to read âpihtawikosisân‘s explanation of “status” and other terms-of-law that are used in these discussions:

It has been my experience that many Canadians do not understand the difference between Status and membership, or why so many different terms are used to refer to native peoples. The confusion is understandable; this is a complex issue and the terms used in any given context can vary greatly. Many people agree that the term ‘Indian’ is a somewhat outdated and inappropriate descriptor and have adopted the presently more common ‘First Nations’. It can seem strange then when the term ‘Indian’ continues to be used, in particular by the government, or in media publications. The fact that ‘Indian’ is a legislative term is not often explained.

As a Métis, I find myself often answering questions about whether or not I have Status, which invariably turns into an explanation about what Status means in the Canadian context. The nice thing is, as time passes, fewer people ask me this because it does seem that the information is slowly getting out there into the Canadian consciousness.

To help that process along, I figured I’d give you the quick and dirty explanation of the different categories out there. Well…quick is subjective, I am after all notoriously long-winded.

H/T to Andrew Coyne, who retweeted the link from @romeoinottawa.

January 7, 2013

“[N]o person in Canada stands above or outside of the law”

Filed under: Cancon, Law, Liberty, Media, Railways — Tags: , , , , — Nicholas @ 15:09

Christie Blatchford on the inability of Canadian police to shut down protests by First Nations groups that violated the law:

Saying “I do not get it,” an Ontario Superior Court judge Monday bemoaned the passivity of Ontario police forces on illegal native barricades and issued a lament for the state of law-and-order in the nation.

“…no person in Canada stands above or outside of the law,” Judge David Brown said in a decision that was alternately bewildered and plaintive.

“Although that principle of the rule of law is simple, at the same time it is fragile. Without Canadians sharing a public expectation of obeying the law, the rule of law will shatter.”

Judge Brown was formally giving his reasons for having granted CN Rail an emergency injunction last Saturday night, when the railway rushed to court when Idle No More protesters blocked the Wymans Road crossing on the main line between Toronto and Montreal.

December 22, 2012

The NRA tries fighting hysteria with even more hysteria

Filed under: Law, Media, Politics, USA — Tags: , , , , , — Nicholas @ 09:23

Jacob Sullum on the tone-deaf response of the NRA to criticism arising from the Sandy Hook tragedy:

Not exactly the voice of calm reason. [NRA Executive Vice President Wayne] LaPierre evidently wants people to panic, as long as they stampede in the direction he prefers. Yet the fact remains that mass shootings of any kind, let alone mass shootings at schools, are rare events, and we should be cautious about making any major policy changes in an effort to reduce an already tiny risk. I don’t know what LaPierre means by “an active national database of the mentally ill,” and I’m not sure he does either. But since there is no indication that Adam Lanza was ever declared mentally incompetent or committed to a mental institution, such a database could prevent people like him from buying guns (leaving aside the fact that he used his mother’s weapons) only if the criteria for rejecting buyers are expanded to cover many people who pose no threat of violence (potentially including half the population, if a psychiatric diagnosis is all that’s required).

LaPierre wildly shoots at several other targets, including our allegedly lenient criminal justice system, which supposedly coddles “killers, robbers, rapists and drug gang members”; “vicious, violent video games with names like Bulletstorm, Grand Theft Auto, Mortal Kombat and Splatterhouse“; and “blood-soaked slasher films like ‘American Psycho‘ and ‘Natural Born Killers‘” (which were released 12 and 18 years ago, respectively). There is some sense in there too (about the “assault weapon” bogeyman and the puzzling progessive aversion to armed self-defense), but it is drowned in the flood of foam flying off LaPierre’s lips. And while letting teachers or other staff members with concealed carry permits bring their guns to school seems like a better policy than advertising “gun-free zones” to armed lunatics, the National School Shield Emergency Response Program that LaPierre recommends, featuring “a protection plan for every school,” a potentially smothering “blanket of safety,” and congressional appropriations, including “whatever is necessary to put armed police officers in every school,” seems utterly disproportionate given the level of risk that children (yes, including my own) actually face when they go to school.

Last night I suggested that Piers Morgan’s televised faceoff with Larry Pratt “pretty accurately reflects the general tenor of the current gun control debate, with raw emotionalism and invective pitted against skepticism and an attempt at rational argument.” The NRA and Wayne LaPierre seem determined to prove me wrong.

December 20, 2012

Borking, in retrospect

Filed under: Government, History, Law, USA — Tags: , , , , — Nicholas @ 10:14

Walter Olson on the historically nasty confirmation battle that kept Robert Bork off the US Supreme Court:

Of course the confirmation critique that makes it into every Bork obituary isn’t Heflin’s or Johnston’s. It’s Ted Kennedy’s blowhard caricature, intended for northern liberal consumption, of “Robert Bork’s America” as “a land in which women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, school children could not be taught about evolution,” and so on.

Never in memory had a judicial nomination been fought in such language. Why?

As a constitutional law scholar, Bork had distinguished himself even among conservatives for his scathing critique of the Warren Court, which he accused essentially of having made up constitutional law as it went along.

To organized liberal groups, on whose behalf Kennedy was acting, this was the next thing to a declaration of war. Yet they couldn’t exactly come out and defend making up constitutional law as you went along as their own vision for the high court.

Instead, they served up a steady diet of vitriol and wild oversimplification, especially in TV ads and other messages delivered outside the confirmation hearings.

The Washington Post itself opposed Bork’s confirmation, yet nonetheless editorialized against the “intellectual vulgarization and personal savagery” to which some of his opponents had descended, “profoundly distorting the record and the nature of the man.”

December 19, 2012

Clever wording can’t take away an enumerated constitutional right

Filed under: Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 13:54

Megan McArdle on the pious hopes of those who hope to bring in draconian gun control regulation by abstruse and intricate verbal gymnastics:

Others are suggesting a de-facto ban, accomplished either through a huge tax, or a ban on ammunition. Oh, I’ve also seen calls to limit the amount of ammunition people can buy, but I don’t think those people have thought this through. For starters, the number of bullets used by a typical rampage shooter is about what a target shooter or hunter might go through in an afternoon or two of range practice. And most gun homicides are not rampage shootings; they have one or two victims, and a correspondingly small number of cartridges expended. Moreover, even a very strict per-purchase limit would permit people to accumulate ammunition over time.

No, the people who want to tax guns at 17,000%, or ban ammunition, or make cartridges cost $2,000 apiece, are the only ones hinting at something that might make a real dent in America’s unusually high rate of gun homicide. Except for one thing: you can’t do an end-run around an enumerated right with some sort of semantic game. Chief Justice John Roberts is not Rumplestiltskin; he is not bound by the universe to disappear if you can only find the correct secret word.

You cannot accomplish back-door censorship by taxing at 100% all profits of any news corporation named after a “carnivorous mammal of the dog family with a pointed muzzle and bushy tail, proverbial for its cunning.” You cannot curtail the right to protest by requiring instant background checks and a 90-day waiting period on anyone who wants to assemble with 500 of their friends in a public area. Nor can you restrict the supply of ink used to print Korans. If you pass a law like that, the Supreme Court will say “nice try, guys” and void all the painstakingly constructed verbal origami that was supposed to make civil liberties infringement look like an innocent exercise of the taxing power.

December 18, 2012

QotD: Time to look at repeal

Filed under: Law, Liberty, Media, Quotations, USA — Tags: , , , , — Nicholas @ 10:32

Is America ready to repeal the first Amendment and regulate Hollywood and the video game industry? Free speech absolutists point to their peaceful enjoyment of action-packed Blockbuster movies where protagonists of those films are often portrayed slaying hundreds of people in simulated scenes of violence.

Yet, journalists are broadcasting America’s call for an end to the tragedies through the regulation of this so-called freedom that has already killed too many. “The debate is long overdue. The mass-killing perpetrated by America’s free-speech culture is our hottest story today,” said one network reporter. “Adam or Ryan Whats-His-Name was just another face. The real problem that must be addressed is America’s sick love affair with unsanctioned ideas and unfettered access to violent imagery.”

The founding fathers could not have imagined high-capacity mass-communications networks when they wrote the Constitution. Thomas Paine was a pamphleteer, not a mass merchant of kill porn on iTunes. Indeed, in the age of quills and parchment, Thomas Jefferson could not have imagined tweeting, or using the cable news industry to launch into the superstardum of American’s celebrity culture overnight.

“I’m a free speech moderate,” said one New York Times reporter reflecting upon the recent tragedy, “I’m in the news business because of free-speech. But, I’m also here to make a difference. If, because of this overdue regulation, it becomes more difficult to speculate wildly about the identity of the shooter based on an intern’s cursory scan of social media, so be it.”

Stephen Taylor, “Time to look at repeal”, Stephen Taylor, 2012-12-17

P.J. O’Rourke on marijuana and same-sex marriage

Filed under: Humour, Law, Liberty, Religion — Tags: , , — Nicholas @ 09:37

December 13, 2012

You can’t have a free society when you also have “official truth” enforced by law

Filed under: History, Law, Liberty, Media, WW2 — Tags: , , — Nicholas @ 10:03

At sp!ked, Angus Kennedy explains why open debate and free speech is a far better solution to holocaust denial than hate speech laws and officially sanctioned “truth”:

Firstly, I think that genocide denial has always been something of a shrill brand rather a real force in the world. It had it’s heyday in 1970s France with Robert Faurisson, a rather lame literary critic in the south of France who denied the Holocaust, and was taken apart by, among other people, the French classicist and structuralist Pierre Vidal-Naquet, who was also a left-winger. Vidal-Naquet did not call for the legal prohibition of denial; instead he argued that contempt is a much more effective weapon. Similarly, Deborah Lipstadt, the author of History on Trial: My Day In Court With David Irving (2005), rails against genocide denial but is still opposed to criminalising it, shuddering at the thought ‘that politicians might be given the power to legislate on history’. I think that is a useful point to bear in mind.

The decision of whether or not to criminalise genocide denial is, in a way, the key free speech issue, the fundamental taboo. In that sense, it’s interesting that there continue to be movements by governments to make genocide denial illegal. France will probably try to push through the genocide denial law, despite it being overturned by its constitutional court, and argue for restrictions on what the French can and cannot say.

To make it clear, I’m completely opposed to criminalisation of speech or, to be more accurate, criminalisation of an idea — because that’s what this is. This is governments saying that a certain idea — genocide denial — should be illegal. I don’t think history is a matter for judges; it’s a matter for historians. I think that the completely unrestricted and absolute right to free speech is simply the best method we’ve got for getting closer to historical truth with a capital ‘T’. We should not be criminalising ideas; we should never be pragmatic about where we extend tolerance — it is a principal to be defended at all costs.

December 12, 2012

Do Republicans believe in federalism?

Filed under: Government, Law, Politics, USA — Tags: , , , — Nicholas @ 11:34

Jacob Sullum on the rising tide of liberalization at the state level — gay marriage and marijuana legalization — and whether the Republicans will support federalism in these cases:

Nationwide support for marijuana legalization, like nationwide support for gay marriage, has increased dramatically, although not quite as swiftly, rising from 12 percent in a 1969 Gallup poll to a record 50 percent last year. While support for legalization dipped a bit during the anti-pot backlash of the Just Say No era, it began rising again in the 1990s. Public Policy Polling recently put it at 58 percent, the highest level ever recorded.

[. . .]

Just as an individual’s attitude toward gay people depends to a large extent on how many he knows (or, more to the point, realizes he knows), his attitude toward pot smokers (in particular, his opinion about whether they should be treated like criminals) is apt to be influenced by his personal experience with them. Americans younger than 65, even if they have never smoked pot, probably know people who have, and that kind of firsthand knowledge provides an important reality check on the government’s anti-pot propaganda.

Another clear pattern in both of these areas: Republicans are much more likely than Democrats to oppose legalizing gay marriage and marijuana. Yet Republicans are also more likely to oppose federal interference with state policy choices. In light of DOMA’s disregard for state marriage laws and the Obama administration’s threats to prevent Colorado and Washington from allowing marijuana sales, now is put-up-or-shut-up time for the GOP’s avowed federalists.

Offensensitivity down under

Filed under: Australia, Law, Liberty — Tags: , , — Nicholas @ 10:17

Australia is exploring the notion of making it illegal to offend others (I guess it got precedence over the bill to make water run uphill…):

Have you ever called the Prime Minister ‘Juliar’? Or called a mate a dopey bastard? New laws could put a stop to name calling.

Civil Liberties Australia (CLA) warn the PM herself could be in trouble for calling Opposition Leader Tony Abbott a misogynist if proposed amendments to anti-discrimination laws take effect — although Julia Gillard has the protection of Parliamentary privilege.

What about cricket sledging, or paying out on a mate?

CLA chief executive officer Bill Rowlings has lashed out at the proposed amendments to anti-discrimination laws which make it unlawful to “offend” people.

His attack follows ABC chairman Jim Spigelman’s scathing appraisal this week — he said that the laws could breach our international obligations to freedom of speech.

Update: Of course, it’s rather unfair of me to point my finger and laugh at our Australian cousins when Albertans get up to similar japes of a quasi-legal kind:

One is surprised to discover that Hanna felt it needed to outlaw theft and assault, and also amused to contemplate the idea of a court trying to define “social out-casting”. But it turns out, anyway, that the law does not actually outlaw bullying! It instead does a bizarre half-gainer and prohibits the making-of-someone-feel-as-though-they-are-being-bullied.

    1. No person shall, in any public place:

         a. Communicate either directly or indirectly, with any person in a way that causes the person, reasonably in all the circumstances, to feel bullied.

To prove an offence under this scheme, one apparently only needs to show that one felt taunted, put down, or outcast. (Felt “reasonably”, that is. I would have thought the salient characteristic of feelings is that they are not reason, but there you go.) The Hanna Herald has said the bylaw is “based on similar laws passed around Alberta.” One hopes that this is not the case, but readers are invited to submit local intelligence. If we can call it that.

December 8, 2012

The predator who hid in full view of the cameras

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 00:02

Mark Steyn on the Jimmy Savile investigations:

It’s tempting at this point to offer some musings on the price of fame, the burdens of celebrity. But Savile was cheerfully unburdened. Rather than a celebrity who happens to be a pedophile, he seems to have been a pedophile who became a celebrity in order to facilitate being a pedophile. Robbers rob banks because that’s where the money is. In the Sixties, Savile became a star disc jockey in Britain’s nascent pop biz because that’s where the 14-year-old nymphettes are. In the Seventies, he became a kiddie-TV host because that’s where the nine-year-old moppets are. He became a celebrity volunteer with his own living quarters at children’s hospitals and homes because that’s where the nine-year-olds too infirm to wiggle free or too mentally ill to protest are. He persuaded various institutions to give him keys to the mortuary because that’s where the nine-year-olds unable even to cry out are. (Stoke Mandeville Hospital is now investigating whether he “interacted inappropriately” with corpses.)

His persona was tailored to his appetites: The child-man shtick meant no one would ever ask him to host grown-up telly shows or move to the easy-listening channel. He motored around the country in a famous silver Rolls with a caravan on hand should he espy a comely schoolgirl at the edge of the road. When opportunity for a quickie struck ten minutes before a recording of Savile’s Travels, it was easier to drop the gold lamé sweatpants than unbuckle a belt and unzip a pair of trousers. And he more or less hid in plain sight. When Fleet Street reporters seeking a quote on something or other called him up and said “Is that Jimmy Savile?” he’d shoot back: “I never touched her!” On the one occasion we met, I remember being struck by the physical strength he projected, even at his then-advanced age. A few years ago, an interviewer asked, “You used to be a wrestler, didn’t you?”

“I still am.”
“Are you?”
“I’m feared in every girls’ school in the country.”

December 6, 2012

“Yeah, uhhh … I don’t think driving around with 20 pounds of drugs in my car is really a good idea”

Filed under: Law, USA — Tags: , , — Nicholas @ 12:23

What do you do when you find $175,000-worth of drugs stashed on your property?

I am standing chest-deep in a dank, muddy concrete-lined hole in Silver Lake, staring eye-level into a duffel bag full of high-grade drugs.

It smells strongly of marijuana — despite the fact that someone sealed it tightly into jars, Ziplocs and professionally vacuum-sealed pouches before THEY HID IT IN MY BACK YARD.

I am starting to panic.

I already did the full Tex-Avery-wolf AOOOOGAH! upon discovering the mammoth sackful of dope — estimated to be worth somewhere north of $175,000. My jaw already dropped. My eyes already bugged out. Now my heart is thumping my gullet. Breathing is getting iffy.

I try to speak. I think my exact words to the solar-panel technician standing equally open-mouthed next to me are something to the effect of “Holy. Fucking. SHIT!”

H/T to Matt Welch:

NZ court allows Kim Dotcom to sue for illegal spying

Filed under: Business, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:01

This could get interesting quickly:

Details of the top secret international spy agency ring known as Echelon will have to be produced after a new judgment in the Kim Dotcom case.

The internet tycoon was also cleared to pursue a case for damages against the police and the Government Communications Security Bureau in a judgment which has opened the Government’s handling of the criminal copyright case for its harshest criticism yet.

[. . .]

Chief high court judge Helen Winkelmann said the GCSB would have to “confirm all entities” to which it gave information sourced through its illegal interception of Dotcom’s communications.

She said her order included “members of Echelon/Five Eyes, including any United States authority”. The Echelon network is an international intelligence network to which New Zealand and the United States are members, along with Australia, Canada and the United Kingdom.

The judgment also recorded Dotcom’s suspicions he had been spied on at least six weeks before the GCSB admitted to doing so, and sought details as to whether others had been swept up in the illegal operation.

Update: Moved the video below the fold to stop it auto-playing any time someone visited the blog main page.

(more…)

« Newer PostsOlder Posts »

Powered by WordPress