Quotulatiousness

November 21, 2024

“If the Federal Court of Appeal greenlights that standard for freedom of peaceful assembly … then governments would have the power to ban virtually every large protest”

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

In The Line, Josh Dehaas explains why Justice Mosley’s Federal Court decision earlier in 2024 didn’t go far enough to protect Canadians’ rights, specifically their right to assemble in large numbers where the government claims to think that things might get violent:

Arms of the Federal Court of Canada

Earlier this year, Justice Mosley of the Federal Court of Canada ruled that the invocation of the Emergencies Act in response to the Freedom Convoy protests was illegal.

There was a lot to like in that ruling, not least of which because it agreed with the official position of my organization, the Canadian Constitution Foundation.

First, Mosley agreed that the definitions of “national emergency” and “threats to the security of Canada” weren’t met by the federal government, thus invalidating their use of the Emergencies Act. Second, the Justice agreed that freezing bank accounts without a warrant violated the Charter right against unreasonable searches. Third, he agreed that the regulations that banned travelling to, participating in, and funding certain assemblies under threat of up to five years in prison violated freedom of expression.

But not all of Mosley’s ruling was commendable, from our point of view. What we didn’t like was a finding that the same regulations that violated expression because they banned a person from “merely going onto Parliament Hill waving a placard” regardless of whether that person had blockaded or breached the peace, didn’t also violate the Charter guarantee of freedom of peaceful assembly. How could that be? The CCF is asking the Federal Court of Appeal to overturn that finding when it hears the government’s appeal, most likely in early 2025.

This week, we got the government’s stunning and frankly, disturbing, response to that very point of contention. We expected the government to argue that the limitations to individuals’ rights to peaceful assembly were reasonable, given the need to deal with the protest writ large. That wasn’t their only claim.

Instead, the government pulled out an entirely novel line of reasoning, arguing that the Charter doesn’t protect assemblies if they might turn violent or breach the peace. If the Federal Court of Appeal greenlights that standard for freedom of peaceful assembly — establishing a new precedent on when Charter freedoms can be subject to limits — then governments would have the power to ban virtually every large protest. The federal government’s view that assemblies are not Charter-protected and can be blocked in advance if someone in the crowd might reasonably be expected to breach the peace cannot stand if we’re to have any meaningful right to peaceful assembly at all.

October 30, 2024

QotD: The right to bear arms

Filed under: History, Liberty, Quotations, USA, Weapons — Tags: , , , — Nicholas @ 01:00

The Founding Fathers of the United States believed, and wrote, that the bearing of arms was essential to the character and dignity of a free people. For this reason, they wrote a Second Amendment in the Bill Of Rights which reads “the right to bear arms shall not be infringed”.

Whether one agrees or disagrees with it, the Second Amendment is usually interpreted in these latter days as an axiom of and about political character — an expression of republican political thought, a prescription for a equilibrium of power in which the armed people are at least equal in might to the organized forces of government.

It is all these things. But it is something more, because the Founders regarded political character and individual ethical character as inseparable. They had a clear notion of the individual virtues necessary collectively to a free people. They did not merely regard the habit of bearing arms as a political virtue, but as a direct promoter of personal virtue.

The Founders had been successful armed revolutionaries. Every one of them had had repeated confrontation with life-or-death choices, in grave knowledge of the consequences of failure. They desired that the people of their infant nation should always cultivate that kind of ethical maturity, the keen sense of individual moral responsibility that they had personally learned from using lethal force in defense of their liberty.

Accordingly, firearms were prohibited only to those intended to be kept powerless and infantilized. American gun prohibitions have their origins in racist legislation designed to disarm slaves and black freedmen. The wording of that legislation repays study; it was designed not merely to deny blacks the political power of arms but to prevent them from aspiring to the dignity of free men.

The dignity of free men (and, as we would properly add today, free women). That is a phrase that bears thinking on. As the twentieth century draws to a close, it sounds archaic. Our discourse has nearly lost the concept that the health of the res publica is founded on private virtue. Too many of us contemplate a president who preaches family values and responsibility to the nation while committing adultery and perjury, and don’t see a contradiction.

But Thomas Jefferson’s question, posed in his inaugural address of 1801, still stings. If a man cannot be trusted with the government of himself, how can he be trusted with the government of others? And this is where history and politics circle back to ethics and psychology: because “the dignity of a free (wo)man” consists in being competent to govern one’s self, and in knowing, down to the core of one’s self, that one is so competent

Eric S. Raymond, “Ethics from the Barrel of a Gun”.

September 27, 2024

Ronald Reagan never said this … but Karl Marx did

Filed under: History, Quotations, USA, Weapons — Tags: , , , , , , — Nicholas @ 04:00

At The Take, Jon Miltimore discusses a fake Ronald Reagan quote-on-a-poster being sold through Amazon and reveals that the quote actually originates with Karl Marx:

For just $9.99, people can go on Amazon and buy wall art of Ronald Reagan apparently defending the Second Amendment.

“Under no pretext should arms and ammunition be surrendered,” the text reads next to a picture of Reagan; “any attempts to disarm the people must be stopped, by force if necessary”.

There are a few problems with the quote, but the biggest one is that Reagan never said it.

As numerous fact checkers have noted — including Reuters, Snopes, Factcheck.org, and Politifact — the author of the quote is none other than Karl Marx, the German philosopher and author of The Communist Manifesto who used language nearly verbatim to this in an 1850 address in London.

“Under no pretext should arms and ammunition be surrendered; any attempt to disarm the workers must be frustrated, by force if necessary,” Marx said in his “Address of the Central Committee to the Communist League“.

Marxists Not Embracing Marx’s Messaging?

In fairness to the many internet users duped by the fake Reagan meme, the quote sounds a bit like something Reagan could have said (though it’s highly unlikely the Gipper, a skilled and careful orator, would have ever said “by force if necessary”).

Reagan, after all, generally — though not universally — supported gun rights and was skeptical of efforts to restrict firearms.

“You won’t get gun control by disarming law-abiding citizens,” Reagan famously noted in a 1983 speech.

Some might be surprised that Marx and Reagan had similar views on gun control. Marx was of course the father of communism, whereas Reagan was famously anti-communist. Moreover, Marx’s modern disciples are staunch supporters of gun control, whether they identify as socialists or progressives.

“Guns in the United States pose a real threat to public health and safety and disproportionately impact communities of color,” Nivedita Majumdar, an associate professor of English at John Jay College, wrote in the Marxist magazine Jacobin. “Their preponderance only serves corporate interests, a corrupt political establishment, and an alienated capitalist culture.”

This distaste for guns goes beyond socialist magazines. As The Atlantic reported during the 2020 presidential election cycle, progressive politicians are increasingly embracing more stringent federal gun control laws.

“No longer are primary candidates merely calling for tighter background checks and a ban on assault weapons,” journalist Russell Berman wrote; “in 2019, contenders like Senator Cory Booker of New Jersey and Representative Beto O’Rourke of Texas were calling for national licensing requirements and gun-buyback programs”.

The point here is not to disparage politicians like O’Rourke and Booker as “Marxists”, a label they’d almost certainly object to. The point is that progressive politicians like Rep. Alexandria Ocasio-Cortez (D-NY) might channel Marx in their class rhetoric, but they are not embracing his messaging when it comes to the proletariat’s access to firearms.

As it happens, this is a common theme with Marxists throughout history.

September 15, 2024

The Occupation of Japan Begins – a WW2 Epilogue Special

Filed under: Britain, China, Government, History, Japan, Military, Pacific, Russia, USA, WW2 — Tags: , , , , — Nicholas @ 04:00

World War Two
Published 14 Sep 2024

The war is over and the occupation of Japan has begun. The country has largely been destroyed by Allied bombs, and shall be rebuilt, physically, economically, and even governmentally. But what will the new government be? What shall become of the Emperor? Who is to actually do the occupation? Today we look at all this and more.
(more…)

September 11, 2024

“You call someplace paradise, kiss it goodbye”

Filed under: Books, Media, Politics, USA — Tags: , , , , , , , , — Nicholas @ 03:00

At The Upheaval, N.S. Lyons reviews The Total State: How Liberal Democracies Become Tyrannies by Auron MacIntyre:

Even when our nation’s dysfunction becomes too obvious to ignore, average Americans tend to comfort themselves with the story that it at least remains a democratic, constitutional republic. For such Americans, it’s probably been a confusing summer.

One moment the sitting president was, according to the near-universal insistence of mainstream media, sharp as a tack — all evidence to the contrary declared merely dangerous disinformation. The next he was suddenly agreed to be non compos mentis, unceremoniously ousted from the ballot for reelection, and replaced, not in a democratic primary but through the backroom machinations of unelected insiders. Overnight, the same media then converged to aggressively manufacture a simulacrum of sweeping grassroots enthusiasm for that replacement, the historically unpopular Kamala Harris. To call this a palace coup via The New York Times would seem not to stray too far from observable events.

What, some may wonder, just happened to our sacred democracy?

For those on the growing segment of American politics broadly known as the “New Right,” none of this was a surprise. The basic premise of the New Right — whose ranks notably include now-vice presidential candidate J.D. Vance — is that the governance of our country simply doesn’t function as we’re told it does. In fact, the United States has not operated as a constitutional republic for some time now; it is only the façade of one, effectively controlled by an unevictable cadre of rapacious plutocratic elites, corrupt party insiders, unelected bureaucrats, and subservient media apparatchiks — in short, a wholly unaccountable oligarchy.

Among the sharpest recent guides to this argument—and, in my view, to our current broader political moment—is a slim new book by the columnist and influential young New Right thinker Auron MacIntyre, titled The Total State: How Liberal Democracies Become Tyrannies.

MacIntyre provides a dispassionate dissection of how, without any cabal or specific conspiracy, an elite class captured all our major public and private institutions, hollowed them out, set them all marching in lockstep against the American middle-class, and made a mockery of the notion of constitutional “checks and balances”. The resulting “total state” now operates in increasingly flagrant contradiction to the interests of the American people and democratic government while “wearing the old regime like a skinsuit”.

Essential to understanding this total state is the concept of managerialism, an idea first pioneered by an older generation of political thinkers like James Burnham which has been recovered from relative obscurity and re-employed by the New Right. In this framing, America is today effectively run by a “managerial elite”, which presides over a broader professional managerial class — think college administrators, corporate HR managers, and non-profit activists. Fundamentally, the business of such people is not producing or building anything, providing any essential service, or even making critical leadership decisions, but the manipulation and management — that is, surveillance and control — of people, information, money, and ideas.

The story of the fall of the American republic is the story of the managers’ rise to power everywhere.

In part, this was the inevitable outcome of technological and economic change following the industrial revolution, which made it necessary to expand the ranks of people schooled in managing large, complex organizations. But, as MacIntyre demonstrates, it was also the result of a deeply misguided urge, pioneered by early progressives, to de-risk and “depoliticize” politics by handing over decision-making to technocratic “experts”. The hope was that these experts could rationally and neutrally administer government and society from the top down, through the same principles and processes of “scientific management” first applied to the assembly line.

This proved disastrous.

September 5, 2024

QotD: Common misunderstandings about the title of “Dictator” in the Roman Republic

Filed under: Europe, Government, History, Quotations — Tags: , , — Nicholas @ 01:00

The first important clarification we need to make is that there are, in a sense, two Roman dictatorships. Between 501 and 202 BC, the Romans appointed roughly 70 different men as dictator for about 85 terms (some dictators served more than once) through a regular customary process. Then, between 201 and 83 BC, a period of 118 years, the Romans appoint no dictators; the office dies out. Then, from 82-79 and from 49 to 44, two dictators are appointed, decidedly not in keeping with the old customary process (but taking the old customary name of dictator) and exercising a level of power not traditionally associated with the older dictators. It is effectively a new office, wearing the name of an old office.

The nearest equivalent to this I can think of would be if Olaf Scholz suddenly announced that he was reviving the position of Deutscher Kaiser (German Emperor) for himself, except without the legal structure of that title (e.g. the Prussian crown acting as the permanent president of a federation of monarchs) or the constitutional limits it used to have. We would rightly regard that as a new office, using the title of the old one.

This point is often missed in teaching Roman history because Roman history is very long and so gets very compressed in a classroom environment. Even in a college course focused entirely on the history of Rome, the gap between the end of the old dictatorship and the start of the new one might just be a couple of weeks, so it is easy for students to accept the new dictators as direct continuations of the old ones, unless the instructor goes out of their way to stress the century-long discontinuity. This is, of course, all the more true if the treatment is in a broader European History (or “Western Civ”) course or in a High school World History course – which might be able to give the Roman Republic as a whole only a week of class time, if even that much. In that kind of compressed space, everything gets mushed together. Which in turn leads to a popular view of the Roman dictatorship that this office was always a time-bomb, ready to inevitably “go off” as soon as it fell into the hands of someone suitably ambitious, because the differences and chronological gap between the old, customary dictatorship and the new irregular one are blurred out of vision by the speed of the treatment.

Just as a side note, this is generally a problem with the Roman Republic. Popular treatments of how the Republic worked – much less pop-culture representations of it – are almost always badly flawed […] The opening minutes, for instance, of the Crash Course video on the Romans is a series of clear errors, one after another, in describing how the Republic functioned as a matter of law and practice. If for some reason you want to not be wrong about the structure of Roman government, the book to read – though it is more than a bit dry and quite pricey – is A. Lintott, The Constitution of the Roman Republic (1999). I keep thinking that, as a future series, I might take a look at the basic structures of Greek and Roman civic government (“How to Polis, 101″ and “How to Res Publica, 101″) – especially if I can talk a colleague into providing a companion treatment of medieval Italian commune government – both as a historical exercise but also for the world builders out there who want to design more realistic-feeling fictional pre-modern governments that aren’t vassalage/manorialism systems.

Bret Devereaux, “Collections: The Roman Dictatorship: How Did It Work? Did It Work?”, A Collection of Unmitigated Pedantry, 2022-03-18.

September 3, 2024

Second Amendment case involving switchblades in Massachusetts

Filed under: Government, Law, Liberty, USA, Weapons — Tags: , , — Nicholas @ 03:00

J.D. Tuccille summarizes a (surprising) court decision in Massachusetts which struck down a state law banning switchblade knives:

“IMGA0174_tijuana” by gregor_y is licensed under CC BY-SA 2.0 .

The Second Amendment to the United States Constitution undisputedly protects the individual right to own and carry firearms for self-defense, sport, and other uses. But the amendment actually says nothing about guns; it refers to “the right of the people to keep and bear Arms”, of which firearms are just one example of what dictionaries define as “a means (such as a weapon) of offense or defense”. In Massachusetts, last week, that resulted in a decision by the state’s highest court striking down a law against switchblade knives.

Protected by the Second Amendment

“We conclude switchblades are not ‘dangerous and unusual’ weapons falling outside the protection of the Second Amendment,” wrote Justice Serge Georges Jr. for the court in an opinion in Commonwealth v. Canjura that drew heavily on two landmark U.S. Supreme Court cases: Bruen (2022) and Heller (2008). The decision found the state’s ban on switchblade knives unconstitutional and dismissed charges against the defendant.

The case involved a 2020 dispute between David E. Canjura and his girlfriend, during which Boston police officers found a switchblade knife on Canjura while searching him. As is often noted, “everything is illegal in Massachusetts” and “a switch knife, or any knife having an automatic spring release device” is only one of a long list of weapons proscribed under state law. Canjura was accordingly charged.

Such absolute prohibitions on arms aren’t permitted in the wake of the Heller decision, so Canjura and his public defender, Kaitlyn Gerber, challenged the ban on switchblades, citing the federal decisions. They also relied on Jorge Ramirez v. Commonwealth (2018) in which the Massachusetts Supreme Judicial Court overturned a similar prohibition on stun guns on Second Amendment grounds.

“We now conclude that stun guns are ‘arms’ within the protection of the Second Amendment. Therefore, under the Second Amendment, the possession of stun guns may be regulated, but not absolutely banned,” the court found in that case.

Canjura required similar analysis based on the same earlier decisions, this time with Ramirez in the mix.

The Second Amendment Protects All “Bearable Arms”

Citing Heller, Justice Georges pointed out, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding”. Importantly, though, knives and other bladed weapons have a long history, extending back well before the birth of the country.

“A review of the history of the American colonies reveals that knives were ubiquitous among colonists, who used them to defend their lives, obtain or produce food, and fashion articles from raw materials,” commented Georges. Folding knives, in particular, grew in popularity to the point they became “almost universal”. The court saw no significant difference between the many types of folding knives used over the centuries and spring-assisted varieties developed somewhat more recently, finding “the most apt historical analogue of a modern-day switchblade is the folding pocketknife”.

August 14, 2024

Premier Doug Ford’s weird plan to hold the justice system to account

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

The problem with Premier Ford’s as-yet-unelaborated plan to collect formal statistics on the products of the criminal justice system is that it’s weird. And Canadians don’t like weird things because something something Donald Trump something something Hitler. Despite that, Colby Cosh thinks it’s a good idea:

Superior Court of Justice building on University Avenue in Toronto (formerly the York County Court House).

… the very idea of addressing a social problem by gathering quantitative information is so un-Canadian as to seem radical and startling. It certainly seemed that way to the lawyers and civil libertarians who freaked out at Ford’s mention of “accountability” for judges who fail to protect the public from criminal predators.

Judicial independence is an axiom of our constitution — but to the degree that judges become policymakers, which is perpetually increasing as they discover creative new applications of the Charter, their lack of oversight by elected legislators and by the voting public is also a serious and obvious problem, purely in principle. It is no wonder the legal guild takes fright at the notion of “accountability” if it is interpreted to mean that judges might be subject to enforceable performance measures or firing by a minister.

But, of course, the word “account” is visible in there, and measurement of a social crisis is necessary to establish that one exists, even if almost everybody believes it to exist. Our courts are the first to castigate a government that makes some legislative change affecting individual rights without an attempt at inquiry into its reasonability and urgency. Ford, in proposing to establish the dimensions of preventable re-offending, is doing exactly what a legislator hoping to reduce crime ought to do: gather numbers. Collect and publish information. And let us specify that we mean publish publish, in an open, dependable, accessible way, with maximum detail.

Frankly, Ford’s announcement seems as much as anything like a reaction to being backed into a corner by an unresponsive Liberal government, which controls bail policy and the content of the Criminal Code, and by judges, whose irrational bail and sentencing decisions flood what’s left of our news media. Provincial politicians are bound to be judged by voters on the perceived prevalence of crime, but about all they can actually do about it is to, well, buy more choppers for the coppers and start collecting local data about revolving-door justice.

Update: Fixed broken link.

July 1, 2024

QotD: Why there’s no “first lady” equivalent in Canada

Filed under: Cancon, Government, History, Media, Quotations, USA — Tags: , , — Nicholas @ 01:00

It’s true that I became irascible when I read a sister newspaper’s headline calling Nazanin MacKay “Canada’s potential first lady.” I mean no disrespect to Mrs. MacKay here. For all I know it is a serious flaw in our democracy that we are speaking of her, and not her husband, as a potential prime-ministerial spouse. It’s this “first lady” business I dislike. This is an un-Canadian invasive species that careless editors try to apply to the wives of PMs at rare but increasing intervals.

But I didn’t get earnestly annoyed until I heard an intelligent acquaintance object to the usage … while admitting that it was a “pedantic” point. Listen, I’ve made as much money out of professional pedantry as any Canadian. This isn’t pedantry. This is about the underwater nine-tenths of our constitutional iceberg. This is about what Confucius called the rectification of names.

So I ask you: what Canadian, in 2020, is still eyeing the paraphernalia of the American presidency with envy? The pedantic point to be made, although it is also a point of etiquette, is that a prime minister’s wife cannot possibly be the “first lady” of a realm currently equipped with a Queen. Not to mention a vicereine who can hire and fire prime ministers.

A “first lady” is a convenience that republics, for social and diplomatic purposes, have instead of reigning queens or consorts. The senior female member of the presidential household is recognized as First Lady of the republic when the president is widowed or single (like Buchanan, whose niece held the title).

The word “princess” is almost literally just the Latin for “first”, and some Americans must have sensed they were tempting fate when they united their social hierarchy with their political one under a title savouring of hospice-stage republicanism. The original vision was of a country that did not have princesses or anything like.

Colby Cosh, “Talk of a Canadian ‘first lady’ is a small step toward American dysfunction”, National Post, 2020-05-26.

May 16, 2024

The Canadian Senate is an anti-democratic fossil … that might totally frustrate a future Conservative government

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

Tristin Hopper considers the constitutional weirdness of Canada’s upper house, an appointed body that has the power to block a popularly elected House of Commons:

“In the east wing of the Centre Block is the Senate chamber, in which are the thrones for the [King and Queen], or for the federal viceroy and his or her consort, and from which either the sovereign or the governor general gives the Speech from the Throne and grants Royal Assent to bills passed by parliament. The senators themselves sit in the chamber, arranged so that those belonging to the governing party are to the right of the Speaker of the Senate and the opposition to the speaker’s left. The overall colour in the Senate chamber is red, seen in the upholstery, carpeting, and draperies, and reflecting the colour scheme of the House of Lords in the United Kingdom; red was a more royal colour, associated with the Crown and hereditary peers. Capping the room is a gilt ceiling with deep octagonal coffers, each filled with heraldic symbols, including maple leafs, fleur-de-lis, lions rampant, clàrsach, Welsh Dragons, and lions passant. On the east and west walls of the chamber are eight murals depicting scenes from the First World War; painted in between 1916 and 1920”
Photo and description by Saffron Blaze via Wikimedia Commons.

By the anticipated date of the 2025 federal election, only 10 to 15 members of the 105-seat Senate will be either Conservative or Conservative appointees. The rest will be Liberal appointees. As of this writing, 70 senators have been personally appointed by Trudeau, and he’ll likely have the opportunity to appoint another 12 before his term ends.

What this means is that no matter how strong the mandate of any future Conservative government, the Tory caucus will face a Liberal supermajority in the Senate with the power to gut or block any legislation sent their way.

“If a majority of the Senate chose to block or severely delay a Conservative government’s legislative agenda, it would plunge the country into a constitutional crisis the likes of which we have not seen in more than a century,” reads an analysis published Tuesday in The Hub.

Constitutional scholars Howard Anglin and Ray Pennings envisioned a potential nightmare scenario in which the Senate casts themselves as “resisting” a Conservative government. Given that senators are all permanently appointed until their mandatory retirement at age 75, it would take at least 10 years until a Conservative government could rack up enough Senate appointments to overcome the Liberal-appointed majority.

“Canadian politics would grind to the kind of impasse that is only broken by the kind of extraordinary force whose political and social repercussions are unpredictable,” they wrote.

The piece even makes a passing reference to 1849, when mobs burned down Canada’s pre-Confederation parliament.

The prospect of an all-powerful Senate able to block the mandate of an elected government is a legislative situation almost entirely unique to Canada.

New Zealand abolished its Senate and is now governed by a unicameral legislature. Australia and the United States both employ term-limited elected senates. The U.K. House of Lords – on which the Canadian Senate is closely modelled – is severely constrained in how far it can check the actions of the House of Commons.

But in Canada, the Senate essentially retains the power of a second House of Commons; it can do whatever it wants to legislation that has passed the House of Commons, including spike it entirely.

May 1, 2024

The Supreme Court of Canada has created “Charter-free zones” in Canada

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

A recent Supreme Court of Canada decision to allow the Charter of Rights and Freedoms to be overridden in cases where First Nations’ laws conflict with the rights guaranteed to all Canadians by the Charter:

Governments of the over 600 First Nations bands and self-governing Indigenous communities across Canada have been given the green light by the Supreme Court to, in their laws, legally abrogate and override the civil liberties of their band members and citizens.

In its Dickson v. Vuntut Gwitchin First Nation decision the Court ruled that so long as an Indigenous government law “protects Indigenous difference — understood by the collective as interests connected to Aboriginal cultural difference, Aboriginal prior occupancy, Aboriginal prior sovereignty or Aboriginal participation in the treaty process” — then, despite the fact that the law infringes the Charter rights of its citizens, those Charter rights cannot have any application or be given any effect to.

Four of the seven Judges who ruled on the case ruled that the Canadian Charter of Rights and Freedoms prima facie applies to Indigenous government laws, but notwithstanding that, if the law is to “protect Indigenous difference”, and the exercise of a Charter right would have the effect of diminishing that “Indigenous difference”, then section 25 of the Constitution Act “shields” the law from Charter application.

A fifth Judge ruled that section 25 meant that the Charter didn’t apply at all to Indigenous government laws, not even prima facie.

Two of the seven judges dissented, one of whom very significantly was Madame Justice O’Bonsawin, the Indigenous person appointed to the Supreme Court supposedly to import an “Indigenous perspective” into its judgments. These two dissenting Justices wrote correctly that the majority opinion creates “Charter-free zones” in Canada. They further wrote:

    Minorities with Indigenous communities (will) not be protected from the actions of their own governments. All Canadians, including Indigenous people, need constitutional tools to hold their governments accountable for breaches of their entrenched rights and freedoms. It is against the purposes of the Charter and s. 25, as well as being profoundly inequitable, to deny members of self-governing Indigenous nations similar, rights, remedies and recourse.

There are more than 1.8 million Indigenous Canadians, two-thirds of whom live “off-reserve” in Canada’s towns and cities. The Supreme Court of Canada has deprived all these Canadians of the protections afforded by the Charter of Rights and Freedoms on their home reserves and territories.

The Court employed cloud castle reasoning to bring about this illiberal and un-Canadian result, heavy on empty verbal assertions and abstractions with little relation to practical life.

Cloud castles are pleasant and charming to conjure up, even more so because they have no foundations.

The factual foundations of the Court’s decision, such as they, like those of cloud castles, are mainly imaginary. To the extent that may exist in reality, they are wrong.

In an earlier article the writer wrote on this case Cindy Dickson discussed the discriminatory, black sheep treatment she faced when trying to run for office in Vuntut Gwitchin.

The article pointed out other negative, First Nations realities ignored by the majority of the Supreme Court of Canada in its judgement: the “banana republic” nature of small Indigenous governments, and alpha-type band chiefs and councils — “colonizers of their own people” — overseeing a conflicted, family-based system of self-dealing and crony capitalism.

Indigenous Justice O’Bonsawin, as part of her “Indigenous perspective”, expressly acknowledged these entrenched negatives and listed other illiberal aspects of the “Indigenous difference” that the Charter exists to prevent or remedy: the unequal role given men in debating constitutional reforms, band membership rules that excluded some women and their children, election codes that prevent individuals from running for office on the basis of their gender, marital status or sexual orientation, and warrantless searches of homes.

April 22, 2024

Canada’s Governor General is supposed to be above politics, not immersed in it

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

Colby Cosh says — quite correctly — that the issue with the Governor General indulging in partisan politics isn’t that people noticed and objected:

Mary Simon, Governor General of Canada on a visit to London in June, 2022.
Detail of a New Zealand Government official photo via Wikimedia Commons.

All week I’ve been thinking about the sheer number of people who must have known about this event and who apparently didn’t anticipate a potential constitutional problem. Hey, what could go wrong? Surely no Liberal cabinet minister would show up, press the flesh all day, head back to the office, and plunge moronically into auto-campaign mode, sharing snapshots of how “we discussed … our Online Harms Act“ at the palace over oolong and scones.

The GG’s own materials describing the event are careful to characterize it as a fundamentally sociable get-together with no relationship whatsoever to a government agenda. Attendees to the event insist that legislation now before the House of Commons wasn’t explicitly discussed by any of the speakers.

As Colleague Sarkonak pointed out in her hair-raising Tuesday column on the scandal, the symposium included a panel discussing “Emerging Solutions for a Safer Digital World”. In any other setting it would be weird and surprising to have such a discussion without involving any “solutions” that are legislative in nature. But maybe the attendees were careful to talk exclusively about technological and social solutions to online abuse: such a thing is certainly possible. Those of us whose invitations were lost in the mail are left to make maximally charitable assumptions.

It’s just that, logically, we can’t be charitable to both the Governor General and Justice Minister Arif Virani in this case. Their stories conflict, in a direct and consequential way.

Anyway, none of the excuses being made really cut much ice. It’s true that a governor general has some freedom to engage in philanthropy, oratory and social organizing that have no visible partisan aspect. It’s also true that if a GG’s social agenda coincides awkwardly with the House of Commons order paper, you’re playing Russian roulette with the Constitution. On Tuesday the government introduces a bill outlawing soda pop; by the end of the week the Gov-Gen is inviting diabetics and nutritionists to chat about their “lived experience” of Mr. Pibb addiction. And, most likely, when anyone at all objects, you get a familiar barrage of “conservatives pounce” stories.

April 11, 2024

All the ways A few of the ways Canada is broken

Filed under: Cancon, Economics, Government, History — Tags: , , , , , , , — Nicholas @ 05:00

In The Line, Andrew Potter outlines some of the major political and economic pressures that prompted the formation of the Dominion of Canada in 1867, then gets into all the ways some of the myriad ways that Canada is failing badly:

It is useful to remember all this, if only to appreciate the extent to which Canada has drifted from its founding ambitions. Today, there are significant interprovincial barriers to trade in goods and services, which add an estimated average of seven per cent to the cost of goods. Not only does Canada not have a free internal market in any meaningful sense, but the problem is getting worse, not better. This is in part thanks to the Supreme Court of Canada which continues its habit of giving preposterously narrow interpretations to the clear and unambiguous language in the constitution regarding trade so as to favour the provinces and their protectionist instincts.

On the defence and security front, what is there to say that hasn’t been said a thousand times before. From the state of the military to our commitments to NATO to the defence and protection of our coasts and the Arctic to shouldering our burden in the defence of North America, our response has been to shrug and assume that it doesn’t matter, that there’s no threat, or if there is, that someone else will take care of it for us. We live in a fireproof house, far from the flames, fa la la la la. Monday’s announcement was interesting, but even if fully enacted — a huge if — we will still be a long way from a military that can meet both domestic and international obligations, and still a long way from the two per cent target.

As for politics, only the most delusional observer would pretend that this is even remotely a properly functioning federation. Quebec has for many purposes effectively seceded, and Alberta has been patiently taking notes. Saskatchewan is openly defying the law in refusing to pay the federal carbon tax. Parliament is a dysfunctional and largely pointless clown show. No one is happy, and the federal government is in some quarters bordering on illegitimacy.

All of this is going on while the conditions that motivated Confederation in the first place are reasserting themselves. Global free trade is starting to go in reverse, as states shrink back from the openness that marked the great period of liberalization from the early 1990s to the mid 2010s. The international order is becoming less stable and more dangerous, as the norms and institutions that dominated the post-war order in the second half of the 20th century collapse into obsolescence. And it is no longer clear that we will be able to rely upon the old failsafe, the goodwill and indulgence of the United States. Donald Trump has made it clear he doesn’t have much time for Canada’s pieties on either trade or defence, and he’s going to be gunning for us when he is returned to the presidency later this year.

Ottawa’s response to all of this has been to largely pretend it isn’t happening. Instead, it insists on trying to impose itself on areas of provincial jurisdiction, resulting in a number of ineffective programs — dentistry, pharmacare, daycare, and now, apparently, school lunches — that are anything but national, and which will do little more than annoy the provinces while creating more bureaucracy. Meanwhile, the real problems in areas of clear federal jurisdiction just keep piling up, but the money’s all been spent, so, shrug emoji.

What to do? We could just keep going along like this, and follow the slow-mo train wreck that is Canada to its inevitable end. That is is the most likely scenario.

March 29, 2024

“Constitutional monarchy, such as we have, is a gift not to be ignored”

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

In The Line, Graeme Menzies makes a pitch for a renewed royal presence in Canadian affairs:

The role of the Crown in Canada has been given a particularly cold shoulder by Trudeau. He’s first in line at the funerals and wedding parties, and quick to boast of his lifelong friendship with members of the royal family, but of all Canada’s 23 prime ministers Justin Trudeau is the one who has done his best to erase them from Canadian cultural identity. His record appointing governors-General suggests he’s been actively doing his best to tarnish that office.

Trudeau was the first prime minister not to approve the traditional Jubilee Medal for her late majesty Queen Elizabeth II — Canada’s loyal and beloved monarch for over 70 years. Under his watch, the anticipated Canada 150 Medal was also quashed. Later, under pressure, he agreed at the very last minute that a medal should be issued to celebrate the Coronation of King Charles III; but other than a couple lines about it in a news release last May, nothing has come of it. Not a single medal has been produced or issued.

This is where a post-Trudeau government must really seize the day. The monarchy is a great gift to Canada. It’s probably the single most important thing that distinguishes Canada from the United States. Take it away and we’re just Puerto Rico — another American protectorate, waiting for the day it gains statehood and a star on the flag.

It is foolish to think any serving prime minister will ever command the respect and affection of the majority of citizens; but Queen Elizabeth often did and there’s no reason to think King Charles cannot do so as well. The past visits to Canada by William and Kate, the future King and Queen of Canada, have been nothing short of sensational.

But the next prime minister will have to act on this. Constitutional monarchy, such as we have, is a gift not to be ignored. It is to be embraced and folded fully into a forward-looking vision of a new, proud, strong nation. To begin with, the next prime minister should ask the King, or the Prince of Wales, to visit Canada annually. The presentation of Orders of Canada should be timed to coincide with these visits. I would even go so far as to suggest Canada reinstate knighthoods. If Ringo Starr and Paul McCartney can be knighted then why can we not have Sir Randy Bachman and Dame Joni Mitchell?

The King of Canada can also play an important and useful role toward Canada’s reconciliation efforts. Trudeau and his radicals have done much to make it seem the Crown and Indigenous peoples are incompatible but a closer review of history books would suggest otherwise. It wasn’t the King who came up with the Indian Act — our elected political leaders did that. The statue of Tecumseh in Windsor is marvellous, but there should be another in Ottawa and it should be unveiled by the King. Same for Chief Maquinna who, apart from a likeness chiselled into the exterior of the British Columbia Legislative Library Building, has no statue, and I’ll bet dollars to donuts he is virtually unknown to most Canadians. That should be changed.

Most Canadians would rather see the King unveil a statue like that than the current, or the next, prime minister. When a prime minister is involved, it’s political. When the monarch does it, we can all get behind it. It’s unifying.

March 23, 2024

Ireland’s Varadkar heads for the showers

Filed under: Europe, Government, Politics — Tags: , , , — Nicholas @ 05:00

In Spiked, Brendan O’Neill discusses the “shocking” — but not actually shocking — resignation of Ireland’s Taoiseach (prime minister):

Leo Varadkar and Rishi Sunak
Composite image from extra.ie

“I am no longer best man to be Irish PM”, said a BBC headline this week, summarising Leo Varadkar’s resignation speech. The truth, Leo, is that you were never the best man to be Irish PM. He was never elected by the people to be taoiseach, instead securing that seat of power by appointment and backroom dealing. And once there, once he’d been gifted the highest office in the land by his allies in Dublin 4, he wielded government not for the people, but against them. He bent Ireland to what was essentially a vast real-time experiment in social re-engineering and thought control.

An unelected ruler using his power and clout to correct the country and improve the people? There’s a word for that. And it isn’t “democracy”.

Varadkar announced his resignation on Wednesday. In an emotional speech he said he was stepping down as leader of Fine Gael immediately and will step down as taoiseach once his successor has been chosen. His “shock departure” followed the people’s crushing defeat of the twin referendum he put forward. Overwhelming majorities rejected his proposals to alter the Irish constitution to update its definition of “family” and to fix what Varadkar damned as its “very sexist” reference to a woman’s “duties” in the home. No thanks, said the electorate, in the biggest ever referendum loss by an Irish government.

Even the fact that Varadkar’s stepping down is widely seen as a “shock move” speaks to the haughtiness, the outright unworldliness, of his political kind. To many of us it makes perfect sense that a PM would bugger off after suffering a historically unprecedented bloody nose from voters. But it seems the Varadkar clique thought they could ride it out. “No biggie” was their view. Until his “shock departure” on Wednesday, reports the Guardian, “the political fallout from the [referendum] debacle had widely been expected to be limited”.

Who expected that? I’m sure those voters who gleefully seized the opportunity of the referendum to give the middle finger to Varadkar and the rest of the establishment didn’t expect the impact of their discontent to be “limited”. It is a testament to the arrogance of technocracy, to the chasm that has emerged between Ireland’s rulers and Ireland’s ruled, that the Dublin establishment thought it could shrug off the largest drubbing it has ever received from voters.

In the end, tellingly, it seems it was disgruntlement from within his own party ranks, rather than the disgruntlement of the oiks, that convinced Varadkar to go. He was facing “increasing discontent within Fine Gael”, with some party bigwigs worried he’s an “electoral liability”. Everything you need to know about the man is contained in the fact that he essentially shrugged when the masses rose up against him but bolted when his fellow clerisy members criticised him. To the technocrat, the disapproval of their dinner-party circle carries far more weight than the discontent of ordinary people.

If Varadkar was edged out by the tut-tutting of movers and shakers, it would be a fitting end to a career that always owed more to the intrigue of political insiders than to the enthusiasm of the electorate. It is an unremarked upon truth that Varadkar was never installed into power by the people. He first became taoiseach in 2017 when then taoiseach Enda Kenny resigned as leader of Fine Gael. Varadkar was elected new party leader and became taoiseach on the back of it. So he became PM of Ireland on the back of the deliberations of 25,000 party members, not the ballots of the people.

Actually, even members of Fine Gael weren’t especially enthused by him. Varadkar’s opponent in the 2017 leadership contest – Simon Coveney – won almost twice as many votes from party members: 7,051 to Varadkar’s 3,772. But Varadkar won more votes from members of the parliamentary party – 51 to Coveney’s 22 – which meant Fine Gael’s weighted electoral college ruled in his favour rather than Coveney’s. From the get-go, Varadkar’s rule of Ireland was more an accomplishment of elite patronage than democratic keenness.

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