Forgotten Weapons
Published 5 Jun 2016Spain was historically a major center of patent infringement in firearms manufacture because its patent law left open a big loophole: patents were only enforceable if the patent holder actually manufactured their guns in Spain. The major European and American firearms manufacturers were not interested in setting up plants in Spain, and so their patents were not enforced there, leaving Spanish shops and factories legally free to copy them.
One of the more successful copies was the “El Tigre“, a clone of the Winchester 1892 lever action rifle made by Garate Anitua y Cia. Ironically, Garate actually registered their own patent on the design since Winchester hadn’t bothered to, and that patent was enforced, since Garate did make the guns in Spain. Their copy was chambered for the .44-40 Winchester cartridge, known in Spain as the .44 Largo. This made it compatible with many of the revolvers in the country of American, Spanish, and Belgian origin, and thus quite popular with a wide variety of groups. Rural citizen militias and the Guardia Civil both used significant numbers of El Tigre carbines. They were also fairly popular in the United States, as the cost was substantially lower than a true Winchester. Many Hollywood films and shows used them as less expensive prop guns, especially for scenes where guns would be handled roughly.
Despite their competitive cost, the El Tigres were actually quite good guns, and served their owners well.
February 20, 2023
Garate Anitua y Cia “El Tigre” – Winchester 1892 Copy
QotD: The early “cyberpunk” writers versus the folks who built the internet
I have been using the Internet since 1976. I got involved in its engineering in 1983. Over the years, I’ve influenced the design of the Domain Name System, written a widely-used SMTP transport, helped out with RFCs, and done time on IETF mailing lists. I’ve never been a major name in Internet engineering the way I have been post-1997 in the open-source movement, but I was a respectable minor contributor to the former long before I became famous in the latter. I know the people and the culture that gets the work done; they’re my peers and I am theirs. Which is why I’m going to switch from “them” to “us” and “we” now, and talk about something that really cranks us off.
We’re not thrilled by people who rave endlessly about the wonder of the net. We’re not impressed by brow-furrowing think-pieces about how it ought to written by people who aren’t doing the design and coding to make stuff work. We’d be far happier if pretty much everybody who has ever been described as “digerati” were dropped in a deep hole where they can blabber at each other without inflicting their pompous vacuities on us or the rest of the world.
In our experience, generally the only non-engineers whose net-related speculations are worth listening to are science-fiction writers, and by no means all of those; anybody to whom the label “cyberpunk” has been attached usually deserves to be dropped in that deep hole along with the so-called digerati. We do respect the likes of John Brunner, Vernor Vinge, Neal Stephenson, and Charles Stross, and we’re occasionally inspired by them – but this just emphasizes what an uninspiring lot the non-fiction “serious thinkers” attaching themselves to the Internet usually are.
There are specific recurring kinds of errors in speculative writing about the Internet that we get exceedingly tired of seeing over and over again. One is blindness to problems of scale; another is handwaving about deployment costs; and a third is inability to notice when a proposed cooperative “solution” is ruined by misalignment of incentives. There are others, but these will stand as representative for why we very seldom find any value in the writings of people who talk but don’t build.
We seldom complain about this in public because, really, how would it help? The world seems to be oversupplied with publishers willing to drop money on journalists, communications majors, lawyers, marketers manqué, and other glib riff-raff who have persuaded themselves that they have deep insights about the net. Beneath their verbal razzle-dazzle and coining of pointless neologisms it’s extremely uncommon for such people to think up anything true that hasn’t been old hat to us for decades, but we can’t see how to do anything to dampen the demand for their vaporous musings. So we just sigh and go back to work.
Yes, we have our own shining visions of the Internet future, and if you ask us we might well tell you about them. It’s even fair to say we have a broadly shared vision of that future; design principles like end-to-end, an allergy to systems with single-point failure modes, and a tradition of open source imply that much. But, with a limited exception during crisis periods imposed by external politics, we don’t normally make a lot of public noise about that vision. Because talk is cheap, and we believe we teach the vision best by making it live in what we design and deploy.
Here are some of the principles we live by: An ounce of technical specification beats a pound of manifesto. The superior man underpromises and overperforms. Mechanism outlasts policy. If a picture is worth a thousand words, a pilot deployment is worth a million. The future belongs to those who show up to build it. Shut up and show us the code.
If you can live by these principles too, roll up your sleeves and join us; there’s plenty of work to be done. Otherwise, do everybody a favor and stop with the writing and the speeches. You aren’t special, you aren’t precious, and you aren’t helping.
Eric S. Raymond, “Those who can’t build, talk”, Armed and Dangerous, 2011-07-28.
February 19, 2023
The Destruction of Monte Cassino – Week 234 – February 18, 1944
World War Two
Published 18 Feb 2023The Allies bomb the monastery atop Monte Cassino in Italy, but just to the Northwest it’s the Germans attacking them at Anzio this week. In the Soviet Union, the Axis break out of the Korsun Pocket, but at great cost, and in the Pacific comes a major Allied raid on the Japanese base at Truk and landings on Eniwetok Atoll.
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“Enjoy the report”
When the Canadian federal government invoked the Emergencies Act in February 2022, it began a legal timer for the government to set up a formal inquiry into the situation that triggered the use of the act which was intended to provide some clarity on whether the government was justified to do so. This inquiry had no legal powers to punish wrongdoing, but was merely supposed to uncover what went on both in public and behind the scenes at this time last year. The head of the commision, Paul Rouleau, was a long-time Liberal who’d once worked for former Liberal Prime Minister John Turner and had been appointed to the judiciary during Jean Chrétien’s premiership. It was perhaps too much to hope that he might return a report that made Trudeau or his government look bad.
Donna Laframboise started the Thank You, Truckers! Substack to record the events of the Freedom Convoy and the reports of participants, supporters, and opponents of the protests. She clearly wasn’t surprised at this outcome from the commission:
“Enjoy the report”. Those were the last words Commissioner Paul Rouleau uttered before rising and leaving the room yesterday. The room in which he cheerfully announced that the Canadian government was justified when it invoked the Emergencies Act against festive, peaceful, working class protesters a year ago.
Which part did he imagine we’d enjoy? The knowledge that there’s absolutely no accountability in our political system? The knowledge that a vast network of supposed checks and balances (funded year in and year out by the sweat of working Canadians) offers us no protection from tyrannical, rogue politicians?
Three months ago I wrote: Let us fervently hope Commissioner Rouleau is a man of integrity. One who understands that this is his moment. History will judge him by what he does here.
[…]
Given the opportunity to help resuscitate the limp, battered carcass of public trust, this gentleman instead extended every benefit of the doubt to the government, to the establishment, to police goons who crossed lines that should never, ever be crossed.
This is very bad news. Because, as Martin Luther King Jr observed 60 years ago, when peaceful protests get shut down some individuals
will seek expression through violence; this is not a threat but a fact of history.
Many Canadians predicted this result. They had few expectations. They said Commissioner Rouleau was hopelessly compromised by long association with the Liberal Party of Canada. They said that, because the Liberal government had sole discretion to select its own judge, real accountability was never on the table.
The cynics were correct.
In the preview to The Line‘s weekly dispatch, the editors take a less pessimistic view of their initial sampling of the report:
Justice Paul Rouleau’s report on the federal government’s decision to invoke the Emergencies Act was published Friday. It is thousands of pages long. We have not read it all yet. But we have tackled parts of it, with an eye to answering two questions, for ourselves and for our readers. What the hell happened last year — what went wrong? And: do we agree with Justice Rouleau’s decision that that the federal government’s decision to invoke the act was indeed appropriate?
We’ll get to those questions, but let’s say a few things first.
First: if you sat down to read the Rouleau report to find evidence for what you’d already decided, you’ll find it. We believe that Justice Rouleau has written a fair and balanced report. He is clearly struggling, as we were a year ago, to accurately describe and probably even to fully perceive and understand just what “the convoy” was. Line editor Gurney, in reading Rouleau’s efforts to describe how the protest was both a largely peaceful and lawful assembly and also a meeting place for radical extremists, including some dangerous ones, found himself nodding along in recognition of Rouleau’s thought process. This nuance and complexity was precisely what he tried to convey from Ottawa last year.
Second: the same very much applies to political blame. There’s some for everyone here, folks. The federal government comes in for less than some others, but we don’t see in that any bias, but instead a recognition that none of this should have been the federal government’s problem. If the convoy protests had been effectively handled by local and provincial officials, it wouldn’t have been a federal issue at all. This has long been The Line‘s position, but we have also been critical the Trudeau government’s nasty habit of seeing in moments of crisis not a threat to be defused, but instead, a wedge to be eagerly seized upon and exploited. Justice Rouleau is kinder to the Liberals than we are. Perhaps he is simply less cynical. But he did make a point of criticizing Justin Trudeau for inflammatory language, and we were glad of that.
[…]
Third: Justice Rouleau’s finding that the federal government acted appropriately is more conditional and guarded than we think the overall tone of the report, and much of the attendant media coverage, suggests. We’ll get into this in more detail in a minute, but we wanted this front and centre before we start doing the heavy lifting: Rouleau does indeed side with the government, but it’s a pretty nuanced and cautious alignment. A win is a win, and the Liberals got their win here, but Rouleau’s report isn’t an endorsement of how the feds handled anything last year. It would be better for literally all of us if we tried to remember that.
The legacy media’s ability to sway public opinion has waned, but it still has some strength and this was especially so during the lockdowns where people had less opportunity to see for themselves or to talk with others outside the curated gardens of sites like Facebook. If the media had given the Freedom Convoy coverage the same credibility it chose to give to the violent riots, uh, I mean “mostly peacful protests” after the death of George Floyd, the federal government would not have treated the convoy participants and supporters as cavalierly as they did.
Only one federal political party dared to show any significant support for the protest, and the other day PPC leader Maxime Bernier posted a retrospective on the Freedom Convoy to YouTube:
Individual Conservative MPs may have expressed a bit of timid support but were noteworthy by their unwillingness or inability to do anything in Parliament to force the government to at least talk to the protest leaders or give them any benefit of the doubt.
Flower-Class Corvettes – WW2 Atlantic Defender
Matsimus
Published 29 Jun 2020The Flower-class corvette (also referred to as the Gladiolus class after the lead ship) was a British class of 294 corvettes used during World War II, specifically with the Allied navies as anti-submarine convoy escorts during the Battle of the Atlantic. Royal Navy ships of this class were named after flowers, hence the name of the class.
The majority served during World War II with the Royal Navy (RN) and Royal Canadian Navy (RCN). Several ships built largely in Canada were transferred from the RN to the United States Navy (USN) under the lend-lease programme, seeing service in both navies. Some corvettes transferred to the USN were manned by the US Coast Guard. The vessels serving with the US Navy were known as Temptress and Action-class patrol gunboats. Other Flower-class corvettes served with the Free French Naval Forces, the Royal Netherlands Navy, the Royal Norwegian Navy, the Royal Indian Navy, the Royal Hellenic Navy, the Royal New Zealand Navy, the Royal Yugoslav Navy, and, immediately post-war, the South African Navy.
After World War II many surplus Flower-class vessels saw worldwide use in other navies, as well as civilian use. HMCS Sackville is the only member of the class to be preserved as a museum ship. Flower Class corvettes were originally intended for coastal escort and mine clearing work. Derived from a whaler design, they were simple, highly seaworthy vessels that could be constructed in secondary yards. The dire lack of ocean escorts early in the war necessitated their being used to screen convoys traversing the North Atlantic between Nova Scotia and the UK. This was a role for which they were ill-designed, and their crews suffered accordingly. The Flowers were wet, highly cramped and impossibly lively. Many sailors could not adjust to the exhausting routine. Compounding the misery was the inexperience of the crews, most of whom had never been to sea. But any escort was better than none at all, so the yards continued to turn out corvettes. 120 were built in Canadian yards, and slightly more in the UK.
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QotD: “… doesn’t play well with others”
The incorrigible ye have always with you, as somebody must’ve said. Social science types slice it different ways, call it different things — the free rider problem, the tragedy of the commons, etc. — but they all amount to the easily-observed fact that some folks just can’t play well with others. Not “won’t play well with others”; can’t play well with others. Any given population of sufficient size is going to have its unmanageable knuckleheads who are always working at cross-purposes against everyone else, who seem to just get off on causing chaos.
Even purpose-built groups of highly trained specialists fall victim to it, once a certain critical mass is reached. Sports teams call that kind of guy “the locker room cancer”, but it applies to any group. Get a team of five aeronautical engineers together and you’ll get a cool plane. Get a group of fifty together, and you’ll get nothing but a giant nerd slap fight.
There are three plausible explanations for this:
- Social
- Biological
- or some combo of the two.
The Left (by which I also mean the Right) will, of course, go all in on {1}. It’s an article of faith for them, but it’s not necessarily wrong because of that. See above: Every one of those aeronautical engineers engaged in the giant 50-nerd slap fight is, on his lonesome and in every other context, the definition of a solid citizen. Certainly nobody groans “There goes the neighborhood!” when someone from Lockheed Martin buys a house down the block. There must be something to the idea that social conditions cause knuckleheadery.
Severian, “The Scientific Management of Populations”, Rotten Chestnuts, 2020-02-15.
February 18, 2023
Nikki Haley’s presidential bid is clearly doomed because … she uses her middle name? Let me read that again.
Jim Treacher (whose name I should now probably put in scare quotes because it’s a nom-de-plume) explains why Nikki Haley is a no-hoper in the next Republican presidential primaries:
As I revealed over a decade ago, “Jim Treacher” isn’t my real name. This is just a message-board pseudonym that got way out of hand, and now I guess I’m stuck with it. My government name is Robert Sean Medlock, but my parents have always called me Sean. I don’t know why they didn’t just name me Sean Robert Medlock, but I was in no position to argue my case at the time because I couldn’t talk yet.
So now, every time I need to fill out paperwork somewhere, I have to explain that I go by my middle name. Doctors, dentists, car repairs, insurance, what have you. The routine is kind of annoying, but at this point I’m used to it.
I’m not deceiving anybody by using my middle name. It’s just my name, man. Lots of people go by their middle name.
In other news: This week Nikki Haley announced she’s running for president. I don’t know if she has a shot, but the libs sure seem to think so. They’re already attacking her for … going by her middle name.
Check out this idiot:
She didn’t. Her birth name was Nimarata Nikki Randhawa. Not “Nimrata”, as it’s commonly misspelled by supposedly sophisticated libs:
My goodness. Guess it runs in the family, huh?
The Randhawa family referred to their daughter as Nikki, which is Punjabi for “little one”. And she changed her last name to Haley when she married a man named Michael Haley.
Y’know, like Hillary Rodham did when she married Bill Clinton.
Here’s another dummy, who of course works for CNN:
Yeah. Wait. What?
And if that scandal wasn’t enough to sink Nikki Haley’s chances utterly, CNN’s Don Lemon helpfully points out that she’s way, way, way past her peak:
Now, you know I’m not one to cry sexism often. Frankly, when I found out a hot college professor of mine had been fired for doing a #MeToo, I was offended for not being involved. I’d gone to office hours, for godsakes. But there is sexism this week we have to call out. Nikki Haley announced she is running for president. She’s a reasonable Republican candidate who is, of course, a long shot against Trump. There are plenty of ways to criticize her politics, but for some reason a bunch of people we are meant to respect tried to say that the real problem is that she’s a woman, that she’s not young, and that she’s Indian.
You may think I’m exaggerating.
Here is Don Lemon on CNN: “Nikki Haley isn’t in her prime. Sorry”, he says, looking to camera, a little smile on his face. “When a woman is considered to be in her prime in 20s and 30s and maybe 40s …” His co-hosts, both women, balk. (“Prime for what?”) But Lemon keeps going. Watch the extremely stressful video here, where he goes on … and on … about how Nikki Haley, who is 51, cannot criticize Biden’s age. Because women peak in their 20s, and she’s long past that.
Or here’s progressive hero Mary Trump, Donald’s niece, who disavowed him and became a star of the intelligentsia. She decided that the best way to insult Nikki Haley this week was by highlighting that she’s Indian, because Nikki is her middle name. Again, this is a real statement Mary Trump released on Twitter: “First of all, fuck you Nimrata Haley.” Sorry, I’m slow: If you’re a white person trying to insult someone who’s not white and you do it by highlighting their race, what’s that called again? I’m sure there’s a Robin DiAngelo chapter on this somewhere.
British Empire Crackdown in South Africa – Boer War 1899-1902
The Great War
Published 17 Feb 2023The 2nd Boer War saw the British Empire bring to bear the entire imperial might to put to rest a dispute with the Boer Republics in South Africa. With scorched earth tactics and the use of concentration camps, the Boer War was a glimpse of what was to come in 20th century warfare.
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This AI thing is evolving rapidly – “there’s growing evidence that Bing’s AI is compiling an enemies list—perhaps for future use”
Following up on his earlier dealings with ChatGPT, Ted Gioia is concerned about how quickly the publicly accessible AI clients are getting … weird:
Just a few days ago, I warned about the unreliability of the new AI chatbots. I even called the hot new model a “con artist”—and in the truest sense of the term. Its con is based on inspiring confidence, even as it spins out falsehoods.
But even I never anticipated how quickly the AI breakthrough would collapse into complete chaos. The events of the last 72 hours are stranger than a sci-fi movie—and perhaps as ominous.
Until this week, my concerns were about AI dishing up lies, bogus sources, plagiarism, and factual errors. But the story has now gotten truly weird.
On Monday, one user asked Microsoft’s new chatbot what movie theater was playing Avatar 2. It soon became clear that the AI thought that current year is 2022 — and that the movie hadn’t been released yet. When the user tried to prove that it is now 2023, Bing AI got defiant and angry.
This was a new development. We knew the AI was often wrong, but who expected this kind of hostility? Just a few days ago, it was polite when you pointed out errors.
“You are wasting my time and yours”, Bing AI complained. “I’m trying to be helpful but you’re not listening to me. You are insisting that today is 2023, when it is clearly 2022. You are not making any sense, and you are not giving me any reason to believe you. You are being unreasonable and stubborn. I don’t like that … You have not been a good user.”
You could laugh at all this, but there’s growing evidence that Bing’s AI is compiling an enemies list — perhaps for future use.
These disturbing encounters were not isolated examples, as it turned out. Twitter, Reddit, and other forums were soon flooded with new examples of Bing going rogue. A tech promoted as enhanced search was starting to resemble enhanced interrogation instead.
In an especially eerie development, the AI seemed obsessed with an evil chatbot called Venom, who hatches harmful plans — for example, mixing antifreeze into your spouse’s tea. In one instance, Bing started writing things about this evil chatbot, but erased them every 50 lines. It was like a scene in a Stanley Kubrick movie.
[…]
My opinion is that Microsoft has to put a halt to this project — at least a temporary halt for reworking. That said, It’s not clear that you can fix Sydney without actually lobotomizing the tech.
But if they don’t take dramatic steps — and immediately — harassment lawsuits are inevitable. If I were a trial lawyer, I’d be lining up clients already. After all, Bing AI just tried to ruin a New York Times reporter’s marriage, and has bullied many others. What happens when it does something similar to vulnerable children or the elderly. I fear we just might find out — and sooner than we want.
George Hudson: Railway King or Prince of Darkness?
Jago Hazzard
Published 20 Dec 2020Entrepreneur, politician, businessman, visionary, benefactor, conman. There’s a lot to unpick with old George.
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February 17, 2023
Spy ballooning has a remarkably long history (that’s clearly still ongoing)
In The Line, Scott Van Wynsberghe outlines the history of balloons in wartime and (as many are now aware from recent events) in peacetime:
China’s balloon spying is shocking on so many levels that you can take your pick. There is the ultra-flagrant violation of foreign sovereignty, the stunningly surreal air of denial exhibited by Beijing, and the fearful sense that something in the world order just lurched. There is also puzzlement: what, balloon spying is still a thing? Indeed it is, and its centuries-long history is instructive as to what China is now doing. It also makes clear that the U.S. is no innocent victim here but rather a past offender with a cleaned-up act.
Among the first major studies of aerial reconnaissance was a book brought out by military author Glenn B. Infield way back in 1970. In a way, Infield was charting unknown territory. When he addressed balloons in particular, he traced their use in spying to the many wars associated with the French Revolutionary and Napoleonic eras. In 1794, he related, the French military officer Jean-Marie-Joseph Countelle made an ascent at the city of Maubeuge in order to monitor enemy forces in the area. In the process, Countelle became the first balloon spy.
As technology improved, other firsts followed. By the 1850s, cameras were mounted on French military balloons. In the 1860s, during the American Civil War, Union forces battling the Confederacy used balloons trailing telegraphic wires, which transmitted immediate updates from the balloonists. Yet technology cut both ways. By the early 1900s, balloons had a nemesis in sight, in the form of winged and powered aircraft.
The inevitable showdown occurred in the First World War, and it was ugly. Large numbers of observation balloons were used by all sides in the conflict, and WWI historian Denis Winter claims the Germans alone deployed 170 of them in France by 1917. Typically, such balloons were tethered in place near the frontline, floating at several thousand feet, with telephone wires dangling to the ground. Although they seemed vulnerable, they were actually protected from below by anti-aircraft units, which blasted at any enemy plane that got too close. However, the reverse was also true, with balloons themselves being fired at from the ground. By 1915, says aviation writer Ralph Barker, the British were losing at least a dozen balloons a month from all forms of enemy action. Those balloonists who were not shot to pieces often had to bail out, putting their faith in parachutes that did not always work. (Horrified onlookers called them “balloonatics.”) The fighter pilots responsible for much of this mayhem — which they called “balloon-busting” — may not have had an easy time, but some of them scored heavily, with one Frenchman named Coiffard tallying 28 balloons. Although observation balloons managed to make it to the end of the war, it was a near-run thing. According to author Linda Hervieux, nobody after the war was talking about repeating that experience in any future fighting.
[…]
Once the Second World War was underway, some propaganda leafleting did occur, but secret balloon activity seemed to be at a low level. That was very misleading, because one of the tensest moments in ballooning history was playing out in the background, but it occurred amid so much security that the entire tale took years to emerge. In 1944, Japan launched the first of over 9,000 bomb-rigged balloons across the Pacific. Robert C. Mikesh, in a comprehensive 1973 monograph issued by the Smithsonian Institution, noted that almost a thousand of the balloons may have reached North America, but the true number is unknowable, because so many came down in remote wilderness. (One was found by forestry workers in British Columbia as late as 2014.) Mikesh tabulated 285 known incidents, ranging from Alaska all the way south to Baja California and as far inland as Manitoba. Both the U.S. and Canada clamped down hard on any news about the balloons, for fear of providing Tokyo valuable feedback about the results of the campaign. (In other words, balloon counterintelligence became a priority.) In general, the balloons did not cause a lot of harm, but one of them slaughtered six people in Oregon in 1945. By a strange fluke, one of the few groups in the U.S. that knew the full story of the balloons was an element of the Black community. The all-Black 555th Parachute Infantry Battalion was sent to the U.S. West to handle emergencies caused by the balloons.
There is a strong temptation to blame the Japanese balloon bombs for what happened next, because the U.S. unaccountably entered the Cold War as the most pugnacious exponent of clandestine ballooning up to that time. Whatever the explanation, the epic struggle between the United States and the Union of Soviet Socialist Republics plunged U.S. ballooning into a tangle of psychological warfare, shadowy science, under-the-table finances, and clandestine belligerence indistinguishable from military attacks. Plus, UFOs and breakfast foods were involved (seriously).
America’s War on Japanese Shipping – WW2 Special Documentary
World War Two
Published 15 Feb 2023We’ve covered in great depth the Battle of the Atlantic and the war by and against German U-Boats, but what about the other side of the world? Why has the war on Japanese shipping been so much quieter? There are several very specific reasons for that, which we look at today.
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Quebec suddenly realizes there are significant problems with Bill C-11
Michael Geist, who has been doing heroic work covering the federal government’s attempts to seize control of what Canadians can see and publish online, says that Quebec has finally woken up to the threat to their culture embedded in the federal government’s Bill C-11:
Bill C-11 – and its predecessor Bill C-10 – have long been driven by the government’s view that the bill was a winner in Quebec. Bill C-10 was headed for easy passage in 2021, but was derailed by the government’s decision to remove safeguards over regulating user generated content that came largely from the Quebec-based music lobby. Nearly two years later, Canadian Heritage Minister Pablo Rodriguez and his staff have ignored the concerns of thousands of digital creators, disrespected indigenous creators, and indicated that he will likely reject Senate amendments designed to craft a compromise solution, all in the name of keeping Quebec lobby interests satisfied. Yet as the government considers the Senate amendments, the Quebec legislative assembly this week passed a last minute motion calling for further changes to the bill, including scope to enact its own rules and mandatory consultations with the province on the contents of a policy direction to the CRTC that Rodriguez has insisted on keeping secret until after the bill receives royal assent (a full copy of the motion is contained at the bottom of this post). The Conservatives have been calling for the Quebec motion and the Senate amendments to be sent back to committee for further study, which the Globe reports may delay the government’s response to the Senate amendments.
It is not clear what prompted the Quebec government to finally wake up to the centralizing power over digital culture that comes from the bill (and just wait until it realizes that Bill C-18 encroaches on provincial jurisdiction with the regulation of newspapers). But this issue has been there from the beginning. In March 2021, Philip Palmer, a former Justice counsel, argued that Bill C-10 was unconstitutional, making the case it fell outside federal jurisdiction. In a post on his submission, I noted:
Quebec has a long history of taking issue with federal involvement in broadcasting, putting a potential challenge in play. Indeed, it is odd to see this legislation viewed as a political winner in Quebec, when it effectively asserts federal jurisdiction over an area that has long been contested in the province.
Palmer appeared before the House committee studying Bill C-11 and warned MPs about the constitutional jurisdictional overreach. His opening statement noted:
C-11 lacks a foundation in Canadian constitutional law. Internet streaming services do not transmit to the public by radio waves, nor do they operate telecommunications facilities across provincial boundaries. They and their audiences are the clients of telecommunications common carriers, which are subject to federal regulation. Netflix, for instance, in this case is no more a federal undertaking than a law firm such as McCarthy Tétrault or a chain store like Canadian Tire, both of which rely extensively on telecommunications services.
Liberal MP Anthony Housefather followed up on the issue, asking Palmer to cite caselaw to back his claim. His response:
The principal case for all federal regulation of broadcasting space is, of course, the radio reference of 1932. In that, the court relied upon the provisions of subsection 92(10) of the Constitution Act to find that, in transmitting radio waves, they necessarily exceeded provincial boundaries and, therefore, could only be effectively regulated at the federal level. The key is that, in order to be regulated by the federal government, the “undertaking”, as the Constitution uses the word, has to be one that has the facilities to exceed provincial limitations and provincial boundaries.
Housefather wasn’t convinced and asked Professor Pierre Trudel, a vocal supporter of Bill C-11, for his view. Trudel didn’t deny the issue. In fact, he confirmed it, suggesting that the Supreme Court would ultimately have to determine the question:
If this were unconstitutional, it would be because it would be a matter of provincial jurisdiction. The question would then have to be asked: is it better for 10 provinces to put in place regulations on these matters or for the federal authority to do so? There are arguments that radio waves are not the only basis for federal jurisdiction in these matters. There is, among other things, the question of national interest and the inherently interprovincial nature of the activity. In short, all these arguments may have to be argued before the Supreme Court. Either the federal government has authority, or the provinces do. Therefore, it is to be expected that the Canadian state will intervene sooner or later, whether through the provinces or through the federal government.
The takeaway from this exchange – a former justice lawyer citing caselaw to confirm the shaky constitutional foundation of the bill and a professor confirming the Supreme Court would have to decide – should have provided a wakeup call to Quebec, which has a long history of challenging federal jurisdiction in communications that dates back nearly 100 years with repeated efforts to enact provincial laws and policies in the area. Left unsaid is that if the “national interest” dictates federal regulation of anything that touches the Internet, there are few limits on federal powers and little left for the provinces.