Quotulatiousness

June 29, 2019

Canada’s inability to deal with Chinese hard ball tactics

Filed under: Business, Cancon, China, Law, USA — Tags: , , , — Nicholas @ 05:00

The Canadian government complied with a request from the United States government to detain a Chinese national for possible extradition to the US. But this was no ordinary Chinese citizen: it was Meng Wanzhou, the Chief Financial Officer for Huawei, a very big and very well-connected Chinese conglomerate. Ms. Wanzhou is not just a high-ranking executive, but also the daughter of the founder of the company. The Chinese government is more than miffed at Canada’s legal presumption and has been piling on the means of persuasion to get Canada’s notoriously pliable government to just pretend this never happened and to let Ms. Wanzhou proceed on her way. Under normal circumstances, this might well happen, but the US government is now under the control of a man who reputedly makes our Prime Minister lose control of his bladder, so we can’t just be seen to knuckle under to the bullying of the Bad Orange Man, nor can we be seen to knuckle under to the bullying of the PRC, leaving poor Justin Trudeau looking weak and powerless (and, to be fair, he is weak and powerless).

Andrew Coyne suggests that the best way to help a couple of poor Canadians who have been caught up in the inter-governmental shenanigans is to stop talking about some sort of “deal”:

U.S. Department of Justice among others announced 23 criminal charges (Financial Fraud, Money Laundering, Conspiracy to Defraud the United States, Theft of Trade Secret Technology and Sanctions Violations, etc.) against Huawei & its CFO Wanzhou Meng
Image via Wikimedia Commons.

I don’t doubt that behind the scenes government officials are doing everything they can, or think they are. But the pressure to bring the Canadians home is surely less for the conspicuous failure of other Canadians to give a damn.

Indeed, what is striking throughout this standoff is that most of the pressure has come from the other side. It is China, not Canada, that has used trade as a weapon, blocking imports of Canadian meat and canola. It was the Chinese air force that buzzed a Canadian warship in the East China Sea.

It is the departing Chinese ambassador to Canada who has launched one incendiary attack after another on this country, while Canada’s now-former ambassador to China was floating trial balloons about getting the Americans to drop the charges against Meng. It is China’s leaders who refuse to meet ours.

And yet for all of China’s lawlessness, for all its bestial mistreatment of our citizens and baseless attacks on our interests, the most common response in this country is not to demand that China repair its relationship with Canada, but to ask how Canada can mollify China.

June 21, 2019

Lies, damned lies, and hate crime statistics

Filed under: Britain, Law, Media — Tags: , , , , , , — Nicholas @ 03:00

Fraser Myers explains why the much-remarked-upon British crime statistics showing huge increases in hate crimes are much more a statistical artifact than a true reflection of the state of British society:

Allegedly, England and Wales are in the grip of a “surge” in homophobic and transphobic hate crime. “The rate of LGBT hate crime per capita rose by 144 per cent between 2013-14 and 2017-18”, it reports. Hate-crime hotspots like South Yorkshire and Hampshire experienced even larger surges, it claims, with police-recorded crimes rising by 376 per cent and 189 per cent in the same period, respectively.

To make matters worse, according to LBGT campaigners, this rise in hate crime doesn’t even capture the true extent of the hatred out there. Taz Edwards-White, alliance manager at equalities and diversity organisation Metro, told the Guardian that the hate-crime figures were likely to be “the tip of the iceberg”. She and other campaigners say this rise could be down to the rise of right-wing populism.

The truth is rather different. Every year for the past five years, the release of police-recorded data on hate crime has been accompanied by panicked media reports of a hate-crime surge. But as last year’s Home Office report made abundantly clear, large increases “are due to the improvements made by the police in their identification and recording of hate-crime offences and more people coming forward to report these crimes rather than a genuine increase” (emphasis mine).

What’s more, there is a good reason why the “surge” identified by the Guardian takes off in 2013-2014. 2014 was the year the College of Policing released its Hate Crime Operational Guidance [PDF], which is still used to this day. This guidance actually demands that the numbers increase. “Targets that see success as reducing hate crime are not appropriate”, it says. As part of the drive to record more crime, there has been a slew of public-information campaigns and regular exhortations from police for the public to report hateful incidents, particularly in the wake of major political events like the EU referendum and the 2017 terror attacks.

Police-recorded data has other problems, too. Police are obliged to record not only criminal actions but also all non-crime hate incidents. A non-crime hate incident is literally any event that is perceived by the victim or any other person to be motivated by hostility towards a so-called protected characteristic. The key word here is perceived. As the Operational Guidance makes clear: “The victim does not have to justify or provide evidence of their belief, and police officers or staff should not directly challenge this perception. Evidence of the hostility is not required for an incident or crime to be recorded as a hate crime or hate incidents.”

June 17, 2019

“We’ve reached peak identitarian bollocks”

Filed under: Britain, Media, Politics — Tags: , , , , , , — Nicholas @ 05:00

Brendan O’Neill follows up on the disturbing story of two lesbians who were physically assaulted on a London bus:

Talk about ungrateful. Brits, and people around the world, offered empathy and solidarity to the two gay women who were battered by thugs on a London bus. And yet now one of the women has turned around and told us we only care about them because they are white. It’s only because they are “two attractive, white, cisgender women” that so many people and organisations gave a damn about them and tweeted about them, apparently. Thanks a bunch. We offer our human concern for your wellbeing and you tell us we’re being racist. We’ve reached peak identitarian bollocks.

The woman in question, who goes only by the name “Chris”, has written a piece for the Guardian. Natch. The intro lets us know what we’re in for: “The photo of me and my date went viral – but only as we’re white, feminine and cisgender.” Translation: you racist, transphobic idiots wouldn’t have cared half as much if this had been two bloodied and bruised black women or trans women. The “commodification” of “my face” came at the “expense of other victims whose constant persecution apparently does not warrant similar moral outrage”, says Chris.

What is most striking about her piece is that she flagellates herself for her privilege. Yes, this woman who last month was badly beaten allegedly on account of her sexuality is now beating herself up in the national press over her privileged identity. She says she has “evaded much of the violence and oppression imposed on so many others by our capitalist, white-supremacist, patriarchal system because of the privileges I enjoy by dint of my race, health, education, and conventional gender presentation”. What a strange, self-hating mindset it must take to be victimised for your sexuality and then to say: “God, I’m SO privileged.”

Chris even does us the service of providing a list of people who are far less privileged than her and who us phoney empathisers should finally start noticing. It is “open season”, she says, on “people of colour, indigenous people, transgender people, disabled people, queer people, poor people, women and migrants”. This is classic virtue-signalling. She is engaging in the Oppression Olympics while making it clear she doesn’t deserve any gold medals in said Olympics because she is white, educated, cisgender, etc. A masterclass in identitarian showboating.

June 5, 2019

The National Inquiry into Missing and Murdered Indigenous Women and Girls

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

In the National Post, Chris Selley points out some odd blindspots in the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls:

“The violence the National Inquiry heard amounts to a race-based genocide of Indigenous Peoples, including First Nations, Inuit and Métis, which especially targets women, girls, and 2SLGBTQQIA people,” the report declares. Among the first headlines was one noting that Prime Minister Justin Trudeau “avoided” using the G-word in his remarks on its findings, settling for “shameful” and “unacceptable.”

The inquiry’s legal analysis concedes it is a novel deployment of the term. It seems far more comfortable alleging a historical genocide against “Indigenous Peoples” that involved specific targeting of women — for example through forced sterilization, which is acknowledged as a genocidal technique in the 1948 UN convention — than it does a genocide against Indigenous women and girls specifically. But the insistence upon the term speaks volumes about this peculiar inquiry’s tortured birth, and about some of its more perplexing recommendations.

Indigenous women have certainly been targets for violence and discrimination in particular ways throughout Canada’s history. Today they suffer disproportionately from violent crime, relative to Indigenous men, in a way that non-Indigenous women do not. The rate of self-reported sexual assault among Indigenous women in the 2014 General Social Survey (GSS) was more than triple that of non-Indigenous women. An astonishing 61 per cent of Indigenous women aged 15-25 reported violent victimization in the previous 12 months — nearly six times the rate for Indigenous men the same age.

But if Indigenous victims of violence even today can be said to be casualties of colonialist genocide, then the subset who are by far the most “especially targeted” — which is to say dead — are men. Between 2014 and 2017, Statistics Canada reports there were 139 Indigenous female homicide victims, and 428 Indigenous male victims — three times as many. (Similarly, non-Indigenous men were murdered two-and-a-half times more often than non-Indigenous women.)

[…]

But the obsession with half the Indigenous population leads to some bewildering recommendations, especially on the justice file. On the one hand the report inveighs against mandatory minimum sentences as a cause of Indigenous overrepresentation in the prison system, and calls for more robust applications of Gladue principles for all Indigenous offenders, which is to say more alternatives to incarceration; on the other hand it supports legislation that would require judges to punish violent offences more harshly if the victim is an Indigenous woman, and to automatically classify homicides occurring after “a pattern of intimate partner violence and abuse” as first-degree murder. This would almost certainly have the effect of increasing the incarceration rates of Indigenous men and women alike.

June 2, 2019

QotD: Explaining modern female sexuality

Filed under: Health, Law, Quotations — Tags: , , , — Nicholas @ 01:00

I have a theory that for many women, sex, or rather agreeing to have sex is difficult, and especially so for the first time with a new partner. How else to explain the fact that so many women admitted that their first time with a new man was generally experienced in an alcoholic haze? (For those who haven’t been keeping up, the source data is here.) So if confronting herself about her “slutty” behavior (even if the sluttiness is only in her own mind), a woman would like to have an excuse like “Oh, but I was drunk…” and thus can excuse away or justify the indiscretion. Or else, as the original study showed, women can even explain away the drunkenness as just a regular part of the dating process, so therefore it’s okay.

I also believe that this is why so many women have rape fantasies, because “Oh, he forced me to do it…” is likewise an expression that denies the woman’s [shameful] complicity in the act. (Of course, now that it’s become okay to accuse a previous partner with actual rape as part of the excuse, the whole thing has become considerably more sinister, especially as such accusations can take place months or years afterwards and still be considered valid by law enforcement. But for the sake of argument, let’s treat this scenario as but a blip on societal consciousness which will disappear at some point when women regain their sanity. We can only hope.) Certainly, this explains female submissiveness (outside a natural submissive personality anyway), which can be regarded (by women) as a kind of watered-down rape fantasy.

The only time, I think, when self-delusion disappears is when a woman encounters a universal object of female desire, such as a hunky actor or popular musician. Even then, there is a “safety in numbers” excuse — “OMG everybody is crazy about him!” — which makes it okay, or at least, provides a figleaf of an excuse for irresponsibility and sexual licentiousness. You only need a sliver of an excuse, and it will be acceptable, in other words.

Kim du Toit, “Seeking Excuses”, Splendid Isolation, 2017-04-24.

June 1, 2019

Paying taxes is only for the little people like you and me…

Filed under: Bureaucracy, Business, Cancon — Tags: , , , , — Nicholas @ 03:00

Canada’s tax-gathering bureaucracy is eager to crack down on scams that attempt to hide taxable funds from scrutiny, although they seem to be rather more vigilant when it’s some poor slob who forgets to declare a grand or two from part-time work than multi-national organizations running decades-long scams to benefit deep-pocketed clients:

The Canada Revenue Agency has once again made a secret out-of-court settlement with wealthy KPMG clients caught using what the CRA itself had alleged was a “grossly negligent” offshore “sham” set up to avoid detection by tax authorities, CBC’s The Fifth Estate and Radio-Canada’s Enquête have learned.

This, despite the Liberal government’s vow to crack down on high-net-worth taxpayers who used the now-infamous Isle of Man scheme. The scheme orchestrated by accounting giant KPMG enabled clients to dodge tens of millions of dollars in taxes in Canada by making it look as if multimillionaires had given away their fortunes to anonymous overseas shell companies and get their investment income back as tax-free gifts.

KPMG is a global network of accounting and auditing firms headquartered out of the Netherlands and is one of the top firms in Canada.

“Tax cheats can no longer hide,” National Revenue Minister Diane Lebouthillier promised in 2017.

Now, Tax Court documents obtained by CBC News/Radio-Canada show two members of the Cooper family in Victoria, as well as the estate of the late patriarch Peter Cooper, reached an out-of-court settlement on May 24 over their involvement in the scheme.

Details of the settlement and even minutes of the meetings discussing it are under wraps. A CBC News/Radio-Canada reporter who showed up to one such meeting this spring left after realizing it was closed to the public.

Journalists discovered references to the final settlement agreement in Tax Court documents only by chance.

May 30, 2019

QotD: Wahhabism and the West

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

“You’re right,” he says, “it shouldn’t be different for Islam, but we make it different. Muslims fought for king and empire in both world wars. Muslims were the backbone of the Indian army. Ataturk’s Turkey was an example of Muslims functioning perfectly well in a modern democratic society — but Ataturk’s Turkey is going away. We don’t have that trust any more. It was a Wahhabi who assassinated the chief justice in British India, and that is more or less the only brand of Islam exported today — extremist Saudi-style Wahhabism. All these giant mosques you see going up in cities all over the world are not paid for locally, they’re paid for by Saudi Arabia. They’re trying to make it one-size-fits-all Islam, and a type of Islam that regards the West as its enemy, instead of the mom-and-pop Islam of the past.”

So you’re saying the problem is not Islam, the problem is Wahhabism?

“No! Wahhabism is the symptom. The problem is us. We don’t defend ourselves. If you are a woman living alone in a Muslim community in Europe, you do not venture out after 6 p.m. If there are sexual assaults by Muslims, and the allegations are made public by the victims, the accuser is inevitably accused of racism. Nobody disputes that it happened, but they’re held to a different standard because the victims are Swedes or Danes and the accused is from a Muslim country. It’s believed that it’s unreasonable to expect decent behaviour from an Afghan or an Iraqi — which is racist. You’re denying the humanity of these people. And so you surrender incrementally. You live in a citadel. You make ridiculous changes to your own culture. In Britain the banks don’t give piggy banks to children any more, because the “piggy” might be offensive. There’s a fetishisation of the burka, which should be regarded as what it is — a prison for women. Why should we abandon our own heritage to barbarism? I’m a nineteenth-century imperialist a hundred years past my sell-by date.”

Mark Steyn, interviewed by John Bloom, “Mark Steyn, Cole Porter and Free Speech”, Quadrant, 2017-05-11.

May 21, 2019

Four “youths” vandalize model railway show

Filed under: Britain, Law, Railways — Tags: , , , — Nicholas @ 03:00

There don’t appear to be any details online about the four “youths” who were arrested then released, so I assume their anonymity is protected by a British equivalent of the “Young Offenders Act”. The Market Deeping Model Railway Club describes the crime on their website:

We were all immensely upset to discover that overnight the school where our show was to be held had been broken into and almost everything totally ruined. This has devastated not only our own members but those of other clubs and the traders who had already set up shop. In the circumstances we felt we had no option other than to cancel the show.

Some of the models destroyed were irreplaceable and while we will of course be seeking to replace and rebuild wherever possible, this will take time and money. We have been overwhelmed by the many messages of support we have received together with offers of financial assistance. Please do help raise funds via our Just Giving page.

Click the image to go to their Just Giving fundraising page.

More on the incident from Deepings Nub News:

Bill Sowerby, Market Deeping Model Railway Club exhibition manager, told Deepings Nub News: “I arrived at 7.30am to be met by one of our members who told me the terrible news.

“Four of the layouts were completely trashed – two of our club’s, one privately owned and one from St Neots club.

“Four demonstrator stands and one for Bourne U3A stall, which would have raised funds for their organisation, was also smashed.

“Fortunately five other layouts in another room were undamaged and we had nine more left to install early this morning.

“It’s really hurtful for us all, not just because of the thousands of pounds we have lost in income – we were expecting between 400 and 500 visitors – and have paid out a lot of money to put on what is the club’s main fundraising event. Demonstrators and trade stands have also lost income.

“But it’s also the time and effort that members put into building the layouts. The St Neots layout took 25 years to construct and our Woodcroft layout took 26 years and involved more than 100 people over those years spending thousands of hours.

“Woodcroft will be repaired, but it’s so sad because a large number of the people who dedicated their time to build it are no longer with us. It has real sentimental importance to the club.

“Although our Knowl End – a children’s layout – was completely destroyed.”

May 17, 2019

QotD: Mark Steyn and the “Human” “Rights” Tribunals

Filed under: Cancon, Law, Liberty, Quotations, Religion — Tags: , , , , — Nicholas @ 01:00

It’s statements like these that have landed Steyn on various hit lists, including, most famously, those of the Canadian Human Rights Commission, the British Columbia Human Rights Tribunal and the Ontario Human Rights Commission, which are strange quasi-judicial bodies that were stirred to action a decade ago by the Canadian Islamic Congress. Between 2005 and 2007 the weekly news magazine Maclean’s published eighteen articles by Steyn, including an excerpt from America Alone, that were all deemed “Islamophobic” by the human rights tsars. Without going into excruciating detail about the various legal jockeying that took place — who knew one country could have this many commissions and tribunals that could all attack simultaneously? — Steyn and Maclean’s were charged with inciting hatred against Muslims, setting in motion an endless process of discovery and hearings.

“We were trying to lose,” said Steyn. “We wanted them to find us guilty so that we could appeal to a real court, hopefully the Supreme Court, and prove that these hate-speech laws are more absurd than any laws outside North Korea. Before I came along, these human rights tribunals had a 100 per cent conviction rate! The fact that we fought back meant that I became an albatross around their neck. The Thought Police were exposed to massive unrelenting publicity for the first time, and they didn’t expect that. They didn’t expect us to push back. But free speech is on the retreat, and this was not a time for a faint-hearted defence.”

The Canadian Human Rights Commission eventually bowed out of their part in the imbroglio, saying the articles were “polemical, colourful and emphatic” but failed to satisfy the definition of writings “of an extreme nature” as defined by the Supreme Court. But the British Columbia Human Rights Tribunal was not so sure, holding a five-day hearing during which the Canadian Islamic Congress presented evidence that twenty articles in Maclean’s presented Islam as a violent religion and Muslims as violent people, with the Islamist lawyer using words like racist, hateful, contemptuous, Islamophobic and irresponsible. Mahmoud Ayoub, a Harvard historian of religion, testified that Steyn didn’t understand the meaning of the word jihad and that, of the 1.5 billion Muslims in the world, less than a million interpreted jihad to justify violence against non-believers. (I don’t know of any other religion in the world that has merely a million devotees willing to kill, but that’s what the man said.)

Mark Steyn, interviewed by John Bloom, “Mark Steyn, Cole Porter and Free Speech”, Quadrant, 2017-05-11.

May 8, 2019

QotD: Those “my-kid-was-almost-sex-trafficked” hoaxes

Filed under: Law, Media, Quotations, Technology, USA — Tags: , , , , , — Nicholas @ 01:00

Perhaps you’re wondering why someone would make up such a preposterous story. I have an idea.

For the last few years, there has been a string of moms going on Facebook, breathlessly claiming that they were out at the mall (or Ikea, or Target), when suddenly they realized that they were being stalked by a kidnapper clearly planning to snatch their kids and sex-traffic them.

The evidence is usually something like, “I saw a guy staring at my baby.” Or, “I saw the couple in one aisle and then I went down a different aisle and there they were again,” or, “I looked outside and there was a van with its door open!”

Inevitably, the mom congratulates herself on having had the wherewithal to figure out what was going on just in time, and bravely thwart the heinous crime by, uh, staring the guys down. Then the mom usually says something like, “if it happened to me it could happen to you,” without reminding readers that in fact, nothing happened. No one grabbed a kid. No one was sex-trafficked. (The head of the Crimes Against Children Research Center, David Finkelhor, says he knows of zero cases of a child kidnapped from a parent in public and sex trafficked.) It’s all in the moms’ heads.

Yet they get thousands, sometimes tens of thousands, of approving shares and comments on social media.

Here’s one story. Here’s another, and another, and another. Here’s one that went mega-viral a few years back. You get the idea. It’s a panic, with a twist: adulation.

The mom ends up the hero of the non-event, basking in comments like thank you for sharing this, and so glad you are safe and, you are such a strong, conscientious mama.

If only this hoax story could go as viral as the my-kid-was-almost-sex-trafficked posts.

Lenore Skenazy, “Mom Charged With Falsely Accusing a Man of Trying to Kidnap Her 5-Year-Old at the Mall”, Reason, 2019-07-04.

April 29, 2019

QotD: Prostitution

Filed under: Business, Europe, France, Law, Quotations — Tags: , , , , — Nicholas @ 01:00

I had a few patients who were prostitutes. I remember one well-dressed lady in her 40s, whose profession I asked in the course of my history-taking.

“Dominatrix,” she said.

She was obviously very good at it because she had an international clientele, including, for example, a judge in Alabama. She told me that she never went anywhere in her car without her kit, for she might receive an emergency call at any time from Hong Kong or South Africa. You might have thought that being whipped by one woman in black fishnet stockings was as good as being whipped by another, but apparently this was (and I presume still is) not so: It’s the words and gestures that go with the whipping that count as well.

This activity of hers gave her a very good living (her car was far better than mine); she was sending her daughter to private school. I admired her enterprise and thought of Sor Juana Inés de la Cruz. Was she or the judge in Alabama to blame? Was either of them to blame at all?

Of course, she wasn’t typical of the profession, and hard cases, as they say, make bad law. But I am not at all sure that I saw the poor prostitutes in my street as merely victims, as the new French law would have them. Not everyone with their life history becomes a crack-taking prostitute. This does not mean that I did not pity them for what they had become. If we can truly sympathize only with those who have done nothing to contribute to their own fate, we shall have very restricted sympathies indeed.

Theodore Dalrymple, “Turning Tricks Into Sympathy”, Taki’s Magazine, 2016-04-09.

April 7, 2019

Rubin “Hurricane” Carter and the murders at the Lafayette Bar and Grill in Paterson, New Jersey

Filed under: History, Law, Media, USA — Tags: , , , , , — Nicholas @ 05:00

I was too young to know anything about Rubin “Hurricane” Carter except what I “learned” from listening to Bob Dylan’s “Hurricane” long after the events. In Quillette, Lona Manning recounts the story, which doesn’t agree with Dylan’s interpretation (but Dylan was far from the only journalist or celebrity to be fooled):

How many people who followed the BBC Radio 4 podcast series about Rubin “Hurricane” Carter were startled — or even outraged — when Carter was not triumphantly vindicated in the final episode?

In the small hours of June 17, 1966, two black men walked into a late-night Bar and Grill in Paterson, New Jersey and opened fire on the occupants. They left bartender James Oliver and patron Fred Nauyoks dead at the scene and mortally wounded a woman named Hazel Tanis, who would succumb to her injuries a month later. Another customer named Willie Marins lost an eye in the shooting but survived. Neighbors Patty Valentine and Ronald Ruggiero told police that they had seen two black males flee the scene in a white vehicle. This testimony was corroborated by petty thief Alfred Bello who walked past the dead and the dying to empty the cash register after the shooters had fled.

Half an hour later, Paterson police stopped middleweight boxer Rubin Carter and his companion John Artis in a car bearing out-of-state plates that matched the eyewitnesses’ description. A search of the car yielded a .32 and a 12 gauge shotgun, the weapons police later determined had been used in the shooting. Carter and Artis were eventually indicted by a grand jury and convicted of the Lafayette murders in 1967. Carter vehemently protested his innocence and his case became a cause célèbre after his 1975 autobiography found its way into the hands of Bob Dylan. Carter was retried in 1976, after the New Jersey Supreme Court ruled that the first conviction had been unsafe. Despite support from Dylan, Muhammad Ali and the New York Times, the two were convicted again. John Artis was paroled in 1981, and Carter was finally released in 1985 after the second conviction was overturned and prosecutors declined to try him a third time.

Sports reporters Joel Hammer and Steve Crossman spent 18 months researching and reinvestigating the case and promised listeners of the BBC’s podcast that they would provide the “full” and “true” story. Their in-depth look at the crime provides far more detail about the murders than can be gleaned from Bob Dylan’s 1975 protest song or the hagiographic 1999 Norman Jewison film starring Denzel Washington. Dylan accused the prosecution team of framing Carter for the slayings and called them “criminals in their coats and their ties” who were “free to drink martinis and watch the sun rise.” Crossman and Hammer are likewise very critical of the prosecution; for example, they think that Alfred Bello should never have been allowed to testify. How could the life of such a man, be in the palm of some fool’s hand? And they argue that the prosecution ignored — or perhaps even suppressed — an investigation into a very plausible suspect, Eddie Rawls (who is now deceased). But they stop short of calling it a frame-up and an attempt at judicial murder.

On the other hand, Crossman and Hammer think the “racial revenge motive” was a reasonable one. The very first newspaper accounts of the slaughter at the Lafayette Grill included the speculation that the murders were committed in revenge for the slaying, earlier that night, of black bartender Roy Holloway and this would also be the prosecution’s contention. That Crossman and Hammer now accept the plausibility of this theory is a significant concession to the prosecution’s version of events, not least because it was Judge Lee Sarokin’s rejection of this motive which led him to overturn the second conviction—the prosecution’s case, he ruled, had been based on “racism rather than reason.”

Coincidentally, on the front page of the East Bergen Record, under the murder story, there was a wire service article about Stokely Carmichael proclaiming “Black Power” at a rally in Mississippi, an event which marked the transition from the peaceful civil rights tactics of Dr. Martin Luther King to the radical activism of the Black Panthers. These two articles encapsulated all the elements of the Lafayette Grill case that continue to be debated over 50 years later. Why did someone walk into a working-class bar and slaughter the occupants? Was the black community in Paterson in a ferment that night because a white man blew off Holloway’s head with a shotgun? And what, if anything, did this have to do with the state of race relations in America at the time?

Justin’s SNC-Lavalin swamp … how deep does it go?

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

For a penny-ante scandal where there’s no hint of sexual impropriety or unmarked bundles of bills being passed along in brown paper bags, Justin’s SNC-Lavalin scandal looks more and more interesting the more we look at it:

A game-changing bombshell lies buried in the supplementary evidence provided to the House of Commons Judiciary Committee by former Attorney General Jody Wilson-Raybould.

It has gone virtually unreported since she submitted the material almost a week ago. As far as we can find, only one journalist — Andrew Coyne, columnist for the National Post — has even mentioned it and even then he badly missed what it meant, burying it in paragraph 10 of a 14 paragraph story.

The gist of the greatest political scandal in modern Canadian history is well-known by now. It’s bigger than Adscam, the revelation 15 years ago that prominent members of the Liberal Party of Canada and the party itself funneled tens of millions of dollars in kickbacks into their own pockets from federal spending in Quebec sponsoring ads promoting Canadian unity. That was just venal politicians and a crooked political party helping themselves to public money.

The Trudeau-SNC-Lavalin scandal is so much more, involving the corruption of the supposedly non-partisan civil service, and even the judiciary, for the political benefit of a disgraced political party, and a cover-up endorsed, encouraged and actively engaged in by the sitting Members of Parliament of that political party.

[…]

Which brings us to the ticking-timebomb-evidence the committee and the public didn’t get to hear.

In between the appearances by Butts and Warnick, Wilson-Raybould testified to getting a report from her chief of staff who had had a meeting with Butts and Trudeau’s chief of staff Katie Telford. They aggressively pushed the attorney general to get an “outside” opinion from someone like the retired Chief Justice of the Supreme Court, Beverley McLachlin, on dropping the criminal charges against SNC-Lavalin in favour of a non-criminal plea deal.

Wilson-Raybould took contemporary notes of what her staff member told her.

    “My COS (chief of staff…ed) asked what if the opinion comes saying “She can review it, but she shouldn’t” or simply “She can’t review it” end of story? Mr. Butts stated “It wouldn’t say that.”

BOOM!!!!!!

Read what Butts said again. And again. And again.

“IT WOULDN’T SAY THAT”

H/T to Halls of Macademia and Small Dead Animals for the link.

March 10, 2019

There’s something bigger at stake in the SNC-Lavalin affair than Trudeau’s career

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

Chris Selley explains why SNC-Lavalin is an example of Canada’s less-than-stellar record of holding corporations to account:

… University of Michigan law professor David Uhlmann argues in a 2016 paper, “criminal prosecution of corporations upholds the rule of law, validates the choices of law-abiding companies, and promotes accountability. … When corporations face no consequences for their criminal behavior, we minimize their lawlessness, and increase cynicism about the outsized influence of corporations.”

No kidding. And in a country like Canada, not to say a province like Quebec, it’s safe to say these lines of accountability and trust get severely tangled. Once a government deems any company “too big to fail,” whether it’s because of political donations or connections, or because its pension plan is heavily invested, or because it has acquired a creepy semi-sacred status among otherwise normal people — or indeed, because of an alleged 9,000 jobs — all these nice theories about the rule of law break down. That’s what we’ve been witnessing.

But there’s an even bigger breakdown going on that’s received far less attention. Employees allegedly behind Lavalin’s Libyan capers were criminally charged as well. Between them, former vice-president Sami Bebawi and former controller Stéphane Roy faced charges including defrauding the Libyan state, money laundering, violating UN sanctions, bribing Saadi Gadhafi — Moammar’s soccer-playing, Montreal-enjoying third son — and trying to extract him from Libya once it all kicked off in 2011.

Those charges were laid in February 2014. Last month, some against Bebawi and all against Roy were dismissed because the Crown didn’t manage to bring them to trial in five blessed years. In a scathing decision, judge Patricia Compagnone characterized the Crown’s behaviour as a perfect illustration of the “culture of complacency” and the “culture of delays” the Supreme Court had assailed in its landmark 2016 Jordan decision, which established empirical standards for the Charter right “to be tried within a reasonable time.”

It is an ever-more-curious mystery that Canada’s comprehensively screwed-up justice system never rises to the level of political crisis. In the first year after the Jordan decision alone, some 200 cases were thrown out on grounds of excessive delays. Some of the accused make the Friends of Moammar look like saints. They include alleged murderers, child molesters and drunk drivers.

The charges against SNC-Lavalin were laid in February 2015. More than four years later, we’re still fighting over whether to pursue them — and not, it must be said, in a way that makes us look like a terribly serious country. How nauseatingly fitting it would be if a court threw the case out before the feds even got a chance to decide what to do with it.

February 21, 2019

“Excessive fines can be used … to retaliate against or chill the speech of political enemies”

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

The US Supreme Court delivered a unanimous body blow to excessive use of asset forfeiture by state and local police:

Timbs challenged that seizure, arguing that taking his vehicle amounted to an additional fine on top of the sentence he had already received. The Indiana Supreme Court rejected that argument, solely because the U.S. Supreme Court had never explicitly stated that the Eighth Amendment applied to the states.

On Wednesday, the high court did exactly that.

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history,” wrote Justice Ruth Bader Ginsburg in the opinion. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies,” she wrote, or can become sources of revenue disconnected from the criminal justice system.

Indeed, some local governments do use fines and fees as a means to raise revenue, and that has created a perverse incentive to target residents. After the 2014 shooting of Michael Brown in Ferguson, Missouri, a federal investigation into the city government found that 20 percent of its general fund came from criminal fines. And Ferguson is not alone in relying heavily on revenue from fines. Making clear that the Eighth Amendment applies to the states will make it far easier to challenge unreasonable fines and fees — including not just asset forfeiture cases, but also situations where local governments hit homeowners with massive civil penalties for offenses such as unapproved paint jobs or Halloween decorations.

Some of those cases are already getting teed up. As C.J. Ciaramella wrote in this month’s issue of Reason, a federal class action civil rights lawsuit challenging the aggressive asset forfeiture program in Wayne County, Michigan, that was filed in December argues that the county’s seizure of a 2015 Kia Soul after the owner was caught with $10 of marijuana should be deemed an excessive fine.

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