Quotulatiousness

March 26, 2010

Confusion over Quebec’s anti-burkha moves

Filed under: Cancon, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 10:46

Even in the same newspaper, the conclusions are drawn based on the observer’s preferred worldview, rather than the facts of the case. In the National Post, here’s Barbara Kay’s ringing endorsement for a pro-equality outcome:

Chapeau, le Québec! That means, “Hats off to you, Quebec.”

With the announcement of Bill 94, barring the niqab in publicly funded spaces, Quebec has dared to tread where the other provinces, feet bolted to the floor in politically correct anguish, cannot bring themselves to go.

The new bill will proscribe face cover by anyone employed by the state, or anyone receiving services from the state. That covers all government departments and Crown corporations, and as well hospitals, schools, universities and daycares receiving provincial funding.

I can’t remember a time when Quebecers were more unified on a government initiative.

Also in the National Post, here’s Chris Selley doing his best Inigo Montoya imitation:

I’m not quite sure what Quebec’s new Bill 94 means, but I’m pretty sure it doesn’t mean what Premier Jean Charest and Immigration Minister Yolande James are saying it means.

Here’s Ms. James: “To work in the Quebec public service or to receive the services of the Quebec state, your face has to be uncovered.”

Here’s Mr. Charest: “Two words: Uncovered face. The principle is clear.”

And here’s Bill 94: “The general practice holds that a member of the staff of the administration of government . . . and a person to whom services are being rendered . . . will have their faces uncovered during the rendering of services.”

Huh? General practice? Oh: “When an accommodation involves a change to this practice, it must be refused if motives related to security, communication or identification justify it.”

So there will be accommodations, then? You sure wouldn’t have known it from Wednesday’s news conference.

All that being said, I can’t disagree with the sentiment later in Barbara Kay’s column:

Some of these women may, as in France, have adopted the niqab for ideological purposes (a serious problem in itself), but most niqab-wearing women are virtual prisoners, who have never known, and would be afraid (with reason) to exercise their “freedom of choice.”

For those confused liberals who instinctively hate the niqab but feel guilty about banning it, it will help them if they understand that the burka and niqab are not “worn,” but “borne.” The niqab is not an article of clothing; it is a tent-like piece of cloth supplemental to clothing. Full cover is worn as a reminder to the “bearer” that she is not free, and to remind the observer that the bearer is a possession, something less than a full human being.

Update: The National Post editorial board comes out against the Quebec bill:

Gender equality — a stated goal of Bill 94 — is a noble goal. But the law would go too far, using the state’s power to leverage a campaign of social engineering. As conservatives, we oppose such encroachments on individual liberties. But liberals, too, should understand the stakes at play here: The principle that government has no role in our wardrobes is the same one that excludes it from our bedrooms.

In the short term, the better approach is the one recently embarked upon by several Quebec schools, where administrators have common-sensically resolved the issue of what constitutes “reasonable accommodation” on a case-by-case basis. In the long term, moreover, we are convinced that legislation won’t be necessary at all: Muslim groups themselves increasingly are joining the chorus against the niqab, a welcome development that puts the lie to the notion that Canadian Muslims are uniformly backward in their attitudes toward women.

It would benefit women, Muslims, inter-faith relations and Canadian values alike if this unfortunate practice were extinguished voluntarily by the affected community itself rather than by heavy-handed state edict.

March 25, 2010

QotD: The all-conquering Commerce clause

Filed under: Government, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 16:50

. . . this kind of argument proves too much, since it means that everything people do or don’t do potentially qualifies as interstate commerce, once you consider substitution effects, secondary and tertiary consequences, and similar behavior by other people. If sleeping with the windows open or failing to purchase an air filter triggers people’s allergies and causes them to “purchase over-the-counter remedies,” it affects interstate commerce. By Balkin’s logic, Congress therefore could pass a law requiring everyone (or maybe just allergy sufferers) to close their windows at night or purchase air filters. Mandatory calisthenics, which would make the population fitter and thereby reduce health care costs, likewise should qualify as regulating interstate commerce, along with myriad other measures aimed at increasing health-promoting behavior or reducing health-compromising behavior: a national bed time, mandatory tooth brushing, a donut ban, a weight tax, etc.

And these are just the possibilities suggested by the government’s interest in health care. Add in the other five-sixths of the economy, and the Commerce Clause swallows pretty much everything, subject to specific limits such as those listed in the Bill of Rights. Hence Congress could not stop us from watching a particular TV show or playing a particular video game (which would violate the First Amendment), but it could prevent us from engaging in such sedentary activities for more than an hour a day in the name of improving our health and boosting our productivity, both of which would have consequences that ripple through the economy and have a cumulative effect on interstate commerce.

Jacob Sullum “Uninsured People Do Things, So They Should Be Punished”, Hit and Run, 2010-03-25

This is positive, but it’ll be more positive when it isn’t even news

Filed under: Cancon, Liberty — Tags: , , , — Nicholas @ 09:44

The pursuit of equal opportunity for all has another minor milestone: the first black police officer to head Toronto’s homicide squad:

Inspector Mark Saunders became the first black head of Toronto’s Homicide Squad this week, replacing the division’s first female leader.

Staff Inspector Kathryn Martin was promoted after just one year as homicide’s top cop; she now heads the professional standards division, charged with integrity on the force and public confidence.

Insp. Saunders, a former homicide detective who most recently worked in professional standards, moved from that division back to homicide this week.

Police Chief Bill Blair has stressed the importance of diversity on the force and also promoting the best people. Since he became chief in 2005 year, he has named two black deputy chiefs, as well as women as heads of the sex crimes and fraud units.

This is a good sign that institutional racism and sexism is becoming less and less a factor (at least within the Toronto police force), although it’ll be a great day when this sort of announcement isn’t even remarkable. That would mean that the best candidate for a job is the one who’s offered the job, regardless of gender, race, sexual orientation, etc. Humanity being prey to frailties, it might never happen, but it’s still worth working towards.

March 23, 2010

Even parliamentarians have to watch what they say

Filed under: Britain, Liberty, Religion — Tags: , , , , , — Nicholas @ 12:28

A British member of parliament was investigated by the police after a complaint from a would-be British equivalent to one of our infamous Human Rights Commissions, for an ill-advised comparison of a burkha to a paper bag:

A race equality council was “outrageous” for complaining to police about criticism of the burka in a political debate, an MP said today.

Tory Philip Hollobone said he faced a police investigation after he dubbed the burka “the religious equivalent of going around with a paper bag over your head with two holes for the eyes”.

Northamptonshire Race Equality Council contacted police after the comment made during a parliamentary debate last month.

[. . .]

“There will be those who agree and those who disagree, and that is fine. What we cannot have in this country are MPs being threatened when they speak out on contentious issues.

“The judgment of the Northamptonshire Race Equality Council is quite wrong in speaking to police as they haven’t tried to engage in any debate.

“I have no criticism of the police — the police have behaved impeccably. But I do have huge criticisms of the Northamptonshire Race Equality Council, which is a taxpayer-funded organisation and should not be spending time trying to prosecute members of parliament. Their behaviour is outrageous.”

The fact that he’s an MP only makes this story more news-worthy, but it does illustrate just how circumscribed freedom of speech has become.

The Canadian “flavour” of free speech

Filed under: Cancon, Liberty — Tags: , , , , , — Nicholas @ 10:15

Marni Soupcoff hits the nail on the head with this observation:

Do Canadians understand freedom of expression? For several years, I’ve been arguing that the majority of them don’t — that despite freedom of speech’s prominent place in the Charter, they think it means the ability to say critical things provided these things don’t offend or upset anybody. Protest away, as long as you don’t actually rock the boat.

It’s part of that notorious “Canadian nice” thing: we’re so terribly afraid of offending someone that we’ve empowered the state to monitor and “correct” our speech and behaviour. We like the idea of free speech, but we also undercut the spirit by carving out exceptions to ensure that free speech is not free to offend or insult or demean the listener (or bystanders, or people totally unconnected to the conversation).

This is the genesis of our “hate speech” legislation, which legally defines certain kinds of speech as being so harmful that the use must be proscribed. We appear to fear the use of certain words and phrases as much as if they were literal clubs or bludgeons or some other kind of blunt instrument. In other words, we think it worse to hear offensive speech than to be physically threatened with bodily harm.

This is why the University of Ottawa’s François Houle not only felt it necessary to warn Ann Coulter about our draconian speech laws, but almost certainly felt that without such a warning, those laws were likely to be put into motion. The unspoken but hardly concealed subtext is that we recognize that Americans are more mature than Canadians: they can hear those horrible, horrible words without taking damage or harm.

What initially sounds like another example of Canadian smugness turns out to be an example of Canadian inferiority. Again.

March 22, 2010

QotD: American drug warriors will fight to the last Mexican civilian

Filed under: Americas, Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 18:08

The astonishing argument from U.S. drug warriors to the violence in Juárez to this point has been: the bloodshed means we’re winning. Or put another way, “If thousands of Mexican need to die to keep Americans from getting high, by golly I, American drug war official, am willing to step up and make that sacrifice.” Now that a few Americans have been killed too, that argument will get more difficult to make.

But as O’Grady writes, don’t expect that to lead to any common sense changes in policy. To this point, the Obama administration and the leadership in Congress have made it clear that the only acceptable drug policy in Mexico is more militarization, more force, and more American funding and weapons with which to do it. If thousands more Mexicans have to die on the front lines so America’s politicians can make it marginally more difficult for Americans to ingest mind-altering substances, so be it.

Radley Balko, “Mary O’Grady on Mexico’s Drug War”, The Agitator, 2010-03-22

March 18, 2010

Adding “ordinary” criminals to the sex offender registry

Filed under: Government, Law, Liberty, USA — Tags: , — Nicholas @ 08:00

The sex offender registry in most jurisdictions doesn’t work — at least, it doesn’t work to deter re-offence and it almost certainly doesn’t work to protect the public. What these registries do quite successfully, however, is to continue punishing the criminals long after they have served their sentences.

People who appear in these registries have a long list of prohibited activities, most frequently requiring them to stay a certain distance from schools (which often means there is little or no choice for where they can live, work, or travel, as the legallly mandated distance exceeds the average distance between schools). Ordinary ex-cons have great difficulty getting employment even in a growing economy, and the situation for identified “sex offenders” is close to impossible.

As a general rule, having your name added to the sex offender registry is as close to a life sentence as possible, but with no hope of parole and no hope of even a semblance of living a normal life.

Georgia apparently thinks this situation is not only fine, but they’d like to add non-sexual offenders to the registry too:

Georgia’s Supreme Court is upholding the government’s right to put non-sex offenders on the state’s sex-offender registry, highlighting a little-noticed (but growing) nationwide practice.

Atlanta criminal defense attorney Ann Marie Fitz estimated that perhaps thousands of convicts convicted of non-sexual crimes have been placed in sex-offender databases. Fitz represents a convict who was charged with false imprisonment when he was 18 for briefly detaining a 17-year-old girl during a soured drug deal. He unsuccessfully challenged his mandatory, lifelong sex-offender listing to the Georgia Supreme Court, which ruled against him Monday.

Under the Adam Walsh Child Protection and Safety Act of 2007, the states are required to have statutes demanding sex-offender registration for those convicted of kidnapping or falsely imprisoning minors. The Georgia court ruled that the plain meaning of “sex offender” was overridden by the state’s law.

If it’s your world view that criminals should never be forgiven for their transgressions, then this sort of deliberate act is understandable. It’s morally indefensible, but it’s understandable.

March 16, 2010

QotD: The iPhone vision of the mobile internet

Filed under: Liberty, Quotations, Technology — Tags: , , , — Nicholas @ 12:07

The iPhone vision of the mobile Internet’s future omits controversy, sex, and freedom, but includes strict limits on who can know what and who can say what. It’s a sterile Disney-fied walled garden surrounded by sharp-toothed lawyers. The people who create the apps serve at the landlord’s pleasure and fear his anger.

I hate it.

I hate it even though the iPhone hardware and software are great, because freedom’s not just another word for anything, nor is it an optional ingredient.

The big thing about the Web isn’t the technology, it’s that it’s the first-ever platform without a vendor (credit for first pointing this out goes to Dave Winer). From that follows almost everything that matters, and it matters a lot now, to a huge number of people. It’s the only kind of platform I want to help build.

Apple apparently thinks you can have the benefits of the Internet while at the same time controlling what programs can be run and what parts of the stack can be accessed and what developers can say to each other.

I think they’re wrong and see this job as a chance to help prove it.

The tragedy is that Apple builds some great open platforms; I’ve been a happy buyer of their computing systems for some years now and, despite my current irritation, will probably go on using them.

Tim Bray, “Now a No-Evil Zone”, ongoing, 2010-03-15

March 15, 2010

QotD: Process matters

Filed under: Government, Law, Liberty, Politics, Quotations — Tags: , — Nicholas @ 12:50

Libertarians are process people, something that our political opponents find impossible to believe can be real, rather than disingenuous. So when I say that I think Lawrence v. Texas might be the right result morally but the wrong result legally, it must be that I secretly want sodomy to be illegal, or at the very least don’t care. Or when I am troubled by government intervening in the Chrysler bankruptcy process, it’s because I hate unions. And of course, when I am against post-hoc legal judgments against bankers or their bonuses, it’s just because I’m an apologist for rich people.

But to a libertarian, process matters. Having a good process is better than getting a good outcome, because a good process is one that maximizes your chances of getting good outcomes over time.

Megan McArdle, “The Process of Passing Health Care”, The Atlantic, 2009-12-22

March 11, 2010

News bulletin: school still sucks

Filed under: Bureaucracy, Education, Liberty, USA — Tags: , , , , — Nicholas @ 12:01

Things aren’t improving in schools, as this report from James Stephenson makes clear:

I remember the day they installed the cameras in my high school. Everyone was surprised when we walked and saw them hanging ominously from the ceiling.

Everyone except me: I moved to rural Virginia from the wealthier and more heavily populated region of northern Virginia. Cameras have watched me since middle school. So I wasn’t surprised, just disappointed. “What have we done?” asked one of my friends. It felt like the faculty was punishing us for something. A common justification for cameras is that they make students safer, and make them feel more secure. I can tell you from first hand experience that that argument is bullshit. Columbine had cameras, but they didn’t make the 15 people who died there any safer. Cameras don’t make you feel more secure; they make you feel twitchy and paranoid. Some people say that the only people who don’t like school cameras are the people that have something to hide. But having the cameras is a constant reminder that the school does not trust you and that the school is worried your fellow classmates might go on some sort of killing rampage.

Cameras aren’t the worst of the privacy violations. Staff perform random searches of cars and lockers. Most of the kids know about locker searches because they see the administration going though their stuff in the hall. But not everyone knows about the car searches, all the way out in the parking lot where administrators aren’t likely to be observed. (People don’t often bother to lock their cars, either).

In a world where everyone seems to be desperately worried about dangers to kids, the one thing that’s overlooked is the almost complete loss of human rights: being a student in the public school system means you don’t have many rights at all. It’s not much of an exaggeration to say that prisoners in jail have more rights — and better-protected rights — than children and teenagers in school.

Petty acts of rebellion–and innocent little covert activities–kept our spirits up. The school’s computer network may have been censored, but the sneakernet is alive and well. Just like in times past, high school students don’t have much money to buy music, movies or games, but all are avidly traded at every American high school. It used to be tapes; now it’s thumbdrives and flash disks. My friends and I once started an underground leaflet campaign that was a lot of fun. I even read about a girl who ran a library of banned books out of her locker. These trivial things are more important than they seem because they make students feel like they have some measure of control over their lives. Schools today are not training students to be good citizens: they are training students to be obedient.

Of course, obedience must be enforced.

March 9, 2010

Opening the door to arbitrary punishment

Cory Doctorow talks about why the proposed “three strikes” internet ban is such a stupid idea:

March 4, 2010

Canadian air travel now to be subject to US oversight

Filed under: Bureaucracy, Cancon, Liberty, USA — Tags: , , , — Nicholas @ 07:11

I’d always suspected that the close co-operation between Canadian and US officials meant that even theoretically domestic flights might be scrutinized by the other country, but now it’s official policy:

Starting in December, passengers on Canadian airlines flying to, from or even over the United States without ever landing there, will only be allowed to board the aircraft once the U.S. Department of Homeland Security has determined they are not terrorists.

Secure Flight, the newest weapon in the U.S. war on terrorism, gives the United States unprecedented power about who can board planes that fly over U.S. airspace — even if the flights originate and land in Canada.

The program, which is set to take effect globally in December 2010, was created as part of the Intelligence Reform and Terrorism Prevention Act, adopted by U.S. Congress in 2004.

Parliament never adopted or even discussed the Secure Flight program — even though Secure Flight transfers the authority of screening passengers, and their personal information, from domestic airlines to the U.S. Department of Homeland Security.

March 1, 2010

UK Photographers . . . act now, or lose your rights

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 15:52

Philip Dunn has all the bad news, photography-wise:

Photographers to lose copyright protection of their work

This startling and outrageous proposal will become UK law if The Digital Economy Bill currently being pushed through Parliament is passed. This Bill is sponsored by the unelected Government Minister, Lord Mandelson.

Let’s look at the way this law will affect your copyright:

The idea that the author of a photograph has total rights over his or her own work — as laid out in International Law and The Copyright Act of 1988 — will be utterly ignored. If future, if you wish to retain any control over your work, you will have to register that work (and each version of it) with a new agency yet to be set up.

I had wondered where Lord Mandelson had picked up his “of Mordor” sobriquet. Now I know. Oh, and it gets even worse:

Photographers are to lose all effective rights to take photographs in public places.

Not content with taking away photographer’s copyright, another section of this Government is proposing sweeping changes to your freedom to take pictures in public places.

The Information Commissioner’s Office (ICO) has deemed that a photograph taken in a public place may now be considered to contain ‘private data’.

This means that if you take a picture in the street and there is a member of the public in the shot, that person has the right to demand either payment — if you wish to publish the image — or that you do not publish it. In fact, according to the ICO. There does not actually have to be an objection, it is up to the photographer to ‘judge’ whether the subject might object. Now work that one out if you can.

You may think this won’t affect you . . . but if you’ve got a camera in your cell phone or MP3 player, it’s going to have an impact. Contact your MP now and explain that you don’t approve of this drastic change in the law and try to get it tossed out before it becomes law.

February 23, 2010

BBC accused of bias in euthanasia debate

Filed under: Britain, Health, Liberty, Media — Tags: , , , , , — Nicholas @ 13:00

The BBC’s decision to broadcast Terry Pratchett’s speech on euthanasia tribunals is cited as evidence that the corporation is acting as an advocate on this highly emotional issue:

The Care Not Killing Alliance accused the BBC of flouting impartiality rules and adopting a “campaigning stance” in an attempt to step up pressure on the Government to legalise assisted suicide.

The decision to broadcast Sir Terry Pratchett’s speech advocating “euthanasia tribunals” in full earlier this month was an example of unbalanced reporting, the alliance claimed.

Lord Carlile, chairman of the alliance and the Government’s independent reviewer of terror legislation, has demanded a meeting with BBC bosses to seek answers over the “biased” coverage.

In a letter to Sir Michael Lyons, the chairman of the BBC trust, the Liberal Democrat peer also raised questions over the corporation’s failure to inform police that a veteran presenter had confessed to killing his lover on one of its programmes.

H/T to Elizabeth for the link.

February 11, 2010

Audi’s target market

Filed under: Environment, Liberty, Media — Tags: , , , , — Nicholas @ 12:45

Who is Audi trying to sell their little green Panzerkampfwagens to? Folks who think the ad wasn’t Gorewellian enough:

“The ad only makes sense if it’s aimed at people who acknowledge the moral authority of the green police,” writes Grist magazine’s David Roberts on the Huffington Post. The target audience, according to Roberts, is men who want to “do the right thing.” He’s certainly right that the ad isn’t aimed at people (whom he childishly mocks as “teabaggers”) who worry that their liberties are being eroded.

But the message is hardly “do the right thing.”

To me, the target demographic is a certain subset of spineless, upscale white men (all the perps in the ad are affluent white guys) who just want to go with the flow. In that sense, the Audi ad has a lot in common with those execrable MasterCard commercials. Targeting the same demographic, those ads depicted hapless fathers being harangued by their children to get with the environmental program. MasterCard’s tagline: “Helping Dad become a better man: Priceless.”

The difference is that MasterCard’s ads were earnest, creepy, diabetes-inducing treacle. Audi’s ad not only fails to invest the greens with moral authority, it concedes that the carbon cops are out of control and power-hungry (in a postscript scene, the Green Police pull over real cops for using Styrofoam cups). But, because resistance is futile when it comes to the eco-Borg, you might as well get the best car you can.

H/T to Ghost of a Flea for the link.

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