Quotulatiousness

February 29, 2012

Ireland introduces the doomsday scenario: allowing voters to have a say on the Euro

Filed under: Europe, Government, Law — Tags: , , , , — Nicholas @ 09:33

The EU is not a democratic institution, and is actively hostile to any attempt to consult the people as it tries to become a super-state. Ireland just tossed a medium-sized spanner into the works:

Premier Enda Kenny said Dublin was acting on legal advice from Ireland’s attorney-general that “on balance” the fiscal compact requires a vote under the country’s constitution. “It gives the Irish people the opportunity to reaffirm Ireland’s commitment to membership of the euro,” he told ashen-faced members of the Dail.

All three major parties back the treaty but analysts say there is a high risk of rejection by angry voters in the current fractious mood. The compact gives the EU intrusive powers to police the budgets of debtor states, and has been denounced as feudal bondage by Sinn Fein and Ireland’s vociferous eurosceptics. The Irish voted “No” to both the Nice and Lisbon treaties before being made to vote again. Dublin has ruled out a second vote this time.

The Taoiseach’s announcement sent the euro into sharp dive against the dollar, though it rebounded later. Europe’s leaders thought they had tweaked the wording of the text just enough to avoid an Irish vote.

Note that last sentence closely. Avoiding consulting the very people who’ll be most affected is standard practice in the EU. Good for Ireland that they aren’t willing to be steamrolled yet again.

February 24, 2012

Prohibition-era restrictions finally coming down: Making it legal to cross provincial boundaries with wine

Filed under: Bureaucracy, Cancon, Law, Liberty, Wine — Tags: , , , , — Nicholas @ 00:06

Of course, it’s only a private member’s bill, so there’s only a tiny chance that it will be enacted:

I recently spent four days in Kelowna, B.C. during the Canadian Culinary Championships, then another subsequent two days at home in Toronto, tasting B.C. reds. There are many intriguing and excellent new labels on the market. […] The vast majority however are not available on the shelves of the LCBO’s Vintages stores; and the prices of some that are available for order via local agents are bloated by 50% to 100% over retail in B.C., thanks to LCBO mark-ups.

Before you say ‘so what’s the point’ and click away, hear my tale. Their availability may improve dramatically before this year is out, and you may be able to access them at something closer to B.C. prices. Our archaic interprovincial wine shipping system is seeing its first official crack.

In the Air Canada departure lounge at Kelowna Airport I spent a few minutes talking to Ron Canaan, MP for Kelowna-Lake Country. He, along with MP Dan Albas of Okanagan-Coquihalla, have been championing a private members bill (C-311) that would make it legal for individuals to carry or import wines across provincial borders (which has been technically illegal since Prohibition almost 90 years ago). A website called freemygrapes.ca has the full story.

The bill passed Second Reading in the House of Commons in the last session, and Mr. Canaan is “confident” it will pass third reading and become law this year. He is hoping in early summer.

February 23, 2012

Reason.tv: Months later, still no charges in the Gibson Guitar raid

Filed under: Bureaucracy, Government, Law, USA, Woodworking — Tags: , , , , — Nicholas @ 13:36

Earlier posts on the Gibson raid here, here, here, and here.

Michael Geist on why Canada should not appear in the US piracy watchlist

Filed under: Cancon, Law, Liberty, Media, Technology, USA — Tags: , , , , — Nicholas @ 13:16

You’d think, as Canada ranks 13th in the world for strength of intellectual property protection (much higher than the US at 24th spot), there’d be no question that Canada should not be considered as a “piracy haven”. But you’d be wrong:

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report — often referred to as the Piracy Watch List — which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident).

February 22, 2012

Rick Mercer: Get a warrant, Vic!

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 11:39

Peter Gleick’s career self-destruction

Filed under: Environment, Law, Media, Politics, Science — Tags: , , — Nicholas @ 09:01

Megan McArdle’s post yesterday at The Atlantic on the further revelations in the Heartland Institute caper, where Peter Gleick’s confession of wire fraud is the central bit of news:

You receive an anonymous memo in the mail purporting to be the secret climate strategy of the Heartland Institute. It is not printed on Heartland Institute letterhead, has no information identifying the supposed author or audience, contains weird locutions more typical of Heartland’s opponents than of climate skeptics, and appears to have been written in a somewhat slapdash fashion. Do you:

A. Throw it in the trash

B. Reach out to like-minded friends to see how you might go about confirming its provenance

C. Tell no one, but risk a wire-fraud conviction, the destruction of your career, and a serious PR blow to your movement by impersonating a Heartland board member in order to obtain confidential documents.

As a journalist, I am in fact the semi-frequent recipient of documents promising amazing scoops, and depending on the circumstances, my answer is always “A” or “B”, never “C”.

It’s a gross violation of journalistic ethics, though perhaps Gleick would argue that he’s not a journalist — and in truth, it’s hard to feel too sorry for Heartland, given how gleefully they embraced the ClimateGate leaks. So leave ethics aside: wasn’t he worried that impersonating board members in order to obtain confidential material might be, I don’t know, illegal? Forget about the morality of it: the risk is all out of proportion to the possible reward.

[. . .]

Gleick has done enormous damage to his cause and his own reputation, and it’s no good to say that people shouldn’t be focusing on it. If his judgement is this bad, how is his judgement on matters of science? For that matter, what about the judgement of all the others in the movement who apparently see nothing worth dwelling on in his actions?

When skeptics complain that global warming activists are apparently willing to go to any lengths — including lying — to advance their worldview, I’d say one of the movement’s top priorities should be not proving them right. And if one rogue member of the community does something crazy that provides such proof, I’d say it is crucial that the other members of the community say “Oh, how horrible, this is so far beyond the pale that I cannot imagine how this ever could have happened!” and not, “Well, he’s apologized and I really think it’s pretty crude and opportunistic to make a fuss about something that’s so unimportant in the grand scheme of things.”

After you have convinced people that you fervently believe your cause to be more important than telling the truth, you’ve lost the power to convince them of anything else.

February 19, 2012

Toews didn’t even know what was in his own proposed legislation

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 11:36

In an interview with the CBC, Public Safety Minister Vic Toews reveals that he hasn’t actually read or understood his own bill:

In an interview airing Saturday on CBC Radio’s The House, Toews said his understanding of the bill is that police can only request information from the ISPs where they are conducting “a specific criminal investigation.”

But Section 17 of the ‘Protecting Children from Internet Predators Act’ outlines “exceptional circumstances” under which “any police officer” can ask an ISP to turn over personal client information.

“I’d certainly like to see an explanation of that,” Toews told host Evan Solomon after a week of public backlash against Bill C-30, which would require internet service providers to turn over client information without a warrant.

“This is the first time that I’m hearing this somehow extends ordinary police emergency powers [to telecommunications]. In my opinion, it doesn’t. And it shouldn’t.”

As was detailed in a recent post on the Canadian Privacy Law Blog, Bill C-30 is riddled with nasty little booby traps, including a provision that prevents your ISP from telling you that your information has been given to the police (or other “inspectors” as designated by the minister) even after the investigation is complete. For that matter, there doesn’t even have to be a criminal investigation underway: if someone is given the role of “inspector” under this bill, they have the right to demand this information under any circumstances at all.

An update to that blog post since last time I linked to it:

Update (18 February 2012): It is really worth noting that this gag order is not new. It has existed in PIPEDA for quite some time. What is new is extending it to cover “lawful access” requests.

People should be aware that — I am told — in the vast majority of cases, internet service providers will willingly hand over customer information without a warrant when the police tell them that it is connected with a child exploitation investigation (using something cynically called a “PIPEDA Request”, which I’ve blogged about before). If your internet service provider hands over your information voluntarily, that’s also subject to the gag order in Section 9 of PIPEDA.

February 15, 2012

Italy faces the end of “a job for life”

Filed under: Economics, Europe, Italy, Law — Tags: , , — Nicholas @ 09:51

You could say that they’re not happy about the possibility:

It was just an off-the-cuff quip during a television interview this month. But when Prime Minister Mario Monti remarked that having a job for life in today’s economy was no longer feasible for young people — indeed, it was “monotonous” — he set off a barrage of protests, laying bare one of the sacrosanct tenets of Italian society that the euro zone crisis has placed at risk.

Reaction was fast, furious, bipartisan and intergenerational. “I think the prime minister has to be careful with the words he uses because people are a little angry,” Claudia Vori, a 31-year-old Rome native who has had 18 different jobs since graduating from high school in 1999, said of Mr. Monti’s “monotonous” moment.

[. . .]

In Italy in particular, every major political force after World War II subscribed to the idea of guaranteeing the work of the male breadwinner to preserve the traditional family structure, said Elisabetta Gualmini, a labor expert who teaches at the University of Bologna. This social doctrine was also blessed by the Roman Catholic Church, which still holds much sway in Italy.

“The problem is that this model is myopic” in a global marketplace, Professor Gualmini said. “But Italy has entrenched itself on this model, which became a strong ideology and so rooted in beliefs that it cannot be challenged.”

February 14, 2012

“The Harper crime policy is less than the sum of its parts”

Filed under: Cancon, Law, Liberty — Tags: , , , , , , — Nicholas @ 10:39

It’s odd to find myself on the same side of a debate as Roy McMurtry, but he and his co-authors Edward Greenspan and Anthony Doob are much more right than the government in this:

The Harper crime policy is less than the sum of its parts because it does not add up to a crime policy that addresses, or even acknowledges, these basic facts. It squanders resources that could be used to reduce crime. Making it more difficult for people to get out from under the shadow of their much earlier offences (through a pardon or “record suspension”) makes it harder for millions of Canadians with criminal records to reintegrate into society. Adding mandatory minimum penalties will do nothing to deter offenders, who, the data demonstrate, do not expect to get caught.

But the Harper crime policy is more than the sum of its parts because it tells us that the government is committed to ignoring evidence about crime, and does not care about whether our criminal-justice system is just and humane.

The student who grows six marijuana plants in her rented apartment to share with friends will soon face a mandatory minimum sentence of nine months in prison. Meanwhile, assaults have no mandatory minimum sentences. The law says that trial judges are required to impose sentences proportional to their seriousness and the offender’s responsibility for the offence. Is someone who grows six marijuana plants much more dangerous than someone who grows five (for which there is no minimum sentence)? Or who commits an assault? The Harper Tories seemingly think so.

Update: Of course, Stephen Harper rhetorically cast the libertarians out of the Conservative party years ago. The current attempts to provide the police with powers even they have said they don’t need merely provide extra proof. Chris Selley summarizes a National Post editorial on the subject:

The National Post‘s editorialists do not understand how a government that considers the long-gun registry (and, we’d add, the mandatory long-form census) an unconscionable invasion of Canadians’ privacy and a waste of their money can possibly get behind legislation that would “give the government unprecedented access to Canadians’ online activities, by allowing police to collect the personal information of Internet users … without having to go through the cumbersome process of obtaining a warrant beforehand.” We share this frustration. But Public Safety Minister Vic Toews made it quite clear what he thinks of such complaints yesterday, when he said Canadians “can either stand with us or with the child pornographers.” In other words: “Attention, libertarian wing of the Conservative Party of Canada. We think you are immoral, and no longer desire your votes.”

February 13, 2012

Ontario’s other alcohol sales monopoly

Filed under: Cancon, Economics, Law — Tags: , , , , — Nicholas @ 11:25

I guess it’s technically part of an oligopoly (?duopoly?), but along with the KGBO LCBO, the other entity that is legally allowed to sell beer is the mostly foreign-owned Beer Store:

… the experience highlights one of the many absurdities of a system where more than 80 per cent of beer sales are controlled by three multinationals — Labatt Brewing Co. Ltd. (owned by Anheuser-Busch InBev SA), Molson Coors Brewing Co. and Sleeman Breweries Ltd. (owned by Japan’s Sapporo Breweries Ltd.).

“The way the system is set up unfairly limits access to customers,” Mr. Beauchesne complained. “Molson, Labatt and Sleeman are completely in control of how beer stores look and feel, what products are promoted. They get to control the whole shopping experience and I get none of that control.”

The McGuinty government is pledging to review outdated liquor laws early in the legislative session that begins this week. MPP Grant Crack, parliamentary assistant to the Agriculture, Food and Rural Affairs Minister, said the Beer Store’s monopoly will no doubt come up.

[. . .]

After 85 years, the Beer Store is an anachronism.

It’s often hard to reconcile the ad world of beer — the snow-capped mountains, parties and hockey — with the utilitarian factory-like outlets where most Ontarians actually buy the stuff.

There are noisy conveyor belts, bottle crushers and cases of beer stacked on metal shelves in dank warehouses. In many stores, patrons still make their selection by picking from a row of dusty empties on a shelf.

Behind the counter, harried clerks juggle bottle returns and running the cash register.

Forget about tastings, attention-grabbing displays of new offerings or expert advice to help you choose from hundreds of selections. At the 437 Beer Stores, it’s get in line, pay the clerk, get out.

February 12, 2012

Bryan Caplan on “the stranger”

Filed under: Government, Law, Liberty — Tags: , — Nicholas @ 11:36

An interesting post at Econlog:

What do you call a man you never met? A stranger.

What are you morally forbidden to do to a stranger? You may not murder him. You may not attack him. You may not enslave him. Neither may you rob him.

What are you morally required to do for a stranger? Not much. Even if he seems hungry and asks you for food, you’re probably within your rights to refuse. If you’ve ever been in a large city, you’ve refused to help the homeless on more than one occasion. And even if you think you broke your moral obligation to give, your moral obligation wasn’t strong enough to let the beggar justifiably mug you.

Notice: These common-sense ethics regarding strangers, ethics that almost everyone admits, are unequivocally libertarian. Yes, you have an obligation to leave strangers alone, but charity is optional.

Interpol system key in arrest of Hamza Kashgari

Filed under: Bureaucracy, Law, Liberty, Religion — Tags: , , , , , , — Nicholas @ 11:27

Abuse of a system designed to catch international criminals led to the arrest of Saudi journalist Hamza Kashgari for “insulting the Prophet Muhammed” on Twitter:

Interpol has been accused of abusing its powers after Saudi Arabia used the organisation’s red notice system to get a journalist arrested in Malaysia for insulting the Prophet Muhammad.

Police in Kuala Lumpur said Hamza Kashgari, 23, was detained at the airport “following a request made to us by Interpol” the international police cooperation agency, on behalf of the Saudi authorities.

Kashgari, a newspaper columnist, fled Saudi Arabia after posting a tweet on the prophet’s birthday that sparked more than 30,000 responses and several death threats. The posting, which was later deleted, read: “I have loved things about you and I have hated things about you and there is a lot I don’t understand about you … I will not pray for you.”

More than 13,000 people joined a Facebook page titled “The Saudi People Demand the Execution of Hamza Kashgari”.

Clerics in Saudi Arabia called for him to be charged with apostasy, a religious offence punishable by death. Reports suggest that the Malaysian authorities intend to return him to his native country.

February 11, 2012

“Courts are often the state’s battering rams, used for breaking down individual rights and freedoms”

Filed under: Cancon, Government, Law, Liberty — Tags: , , , — Nicholas @ 11:00

George Jonas explains why Canadians were more free before their rights and freedoms were codified in the Charter:

The Canada in which I landed in 1956 may not have had a Charter of Rights and Freedoms, but it had rights and freedoms galore, making it the envy of the world. The Canada in which I make my home today has a Charter, but Canadians who say they had more rights and freedoms 50 years ago aren’t paranoid: They did.

There seems to be an inverse relationship between written instruments of freedom, such as a Charter, and freedom itself. It’s as if freedom were too fragile to be put into words: If you write down your rights and freedoms, you lose them. Minimally, governments will try to take away every freedom you haven’t remembered to include.

“Where does it say you have a right to breathe, sir? Surely it’s not a fundamental right. If it were, it would be in the Charter.”

The 19th century British constitutional scholar, A.V. Dicey, foresaw this. He cautioned against written constitutions for this very reason, among others.

Part of the reason for the inverse relationship between written rights and actual freedom is the court system:

When I came to Canada, a court of law was often a place where individuals went for protection against the state. These days, they’d be taking a chance. Courts are often the state’s battering rams, used for breaking down individual rights and freedoms. Climate trumps the law, obviously, considering the law isn’t the law until a judge says it is. There is global warming, as the world is warming to tyranny. A judicial climate change has turned Canada’s courts from frequent champions of individual liberty to near-permanent defenders of social policy.

A judicial expression used to call policy “an unruly horse.” If you’ve time for only one book to see how events unfold when policy starts driving the law, pick up Christie Blatchford’s account of the native land-claim standoff at Caledonia, Ont., called Helpless. It shows what happens when the justice system becomes a branch of social engineering.

February 9, 2012

Brazil tries to quash Twitter users over speed trap tweets

Filed under: Americas, Law, Liberty, Technology — Tags: , , , — Nicholas @ 10:44

Proving yet again that the main concern is revenue generation rather than safety, Brazil is trying to force Twitter to stop its users from sending out tweets that warn about speed traps:

The attorney general of Brazil has filed a lawsuit against Twitter in a bid to block accounts that warn drivers of police speed traps and roadblocks.

The government argues the tweets interfere with police efforts to fight drunk driving, reduce accidents and uncover evidence of crime, report CNN, PC Magazine, The Next Web and BBC News.

The suit, which seeks $290,000 for each day that Twitter or its microbloggers fail to comply, claims the warnings violate criminal and traffic laws.

Twitter recently announced that they now have the capability of restricting the distribution of tweets within countries (they used to block worldwide distribution by default).

H/T to Walter Olson for the link.

February 8, 2012

“[C]ourthouses were places where justice was done. Today, people … look at them as places where injustice will be done.”

Filed under: Cancon, Law, Liberty — Tags: , — Nicholas @ 11:43

Karen Selick on the more obvious signs of security in Canadian courtrooms:

I articled in Toronto in 1976-1977, when anyone could freely breeze in and out of the courthouses — including Osgoode Hall, where the Ontario Court of Appeal sits — without ever seeing a police officer, being searched or having to show ID.

So what has changed over the past 35 years to make our courthouses so fearful? The homicide rate has actually fallen significantly over that time, although violent crime in general has risen.

But private businesses still don’t find it necessary to take this level of precaution. I can walk into a Toronto shopping mall as freely today as I walked into Toronto courthouses 35 years ago. Is there something unique about courthouses that makes them more likely scenes of violence?

My hypothesis is that people were more willing to accept the notion 35 years ago that courthouses were places where justice was done. Today, people are more likely to look at them as places where injustice will be done.

Many more people are compelled to interact with “the law” these days, simply because there is so much more of it. Regulation over citizens’ lives has exploded, and much of what happens in court cannot be described as having anything to do with justice.

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