It’s a funny thing — or not — but due to the sad state of prison security in this country, a judge can essentially threaten a person with rape and severe beatings. How about that? One more reason to live clean and avoid making waves.
Steve H., “Was I Wrong About Cooper? Don’t Think So”, Hog On Ice, 2005-07-06.
September 10, 2024
QotD: Contempt of court
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April 27, 2024
QotD: Roman magistrates during the middle Republican period
Similar to the magistrates in the Greek polis, Roman magistrates should not be thought of as bureaucrats within a unitary governing institution. Rather each magistrate is an independent actor, granted certain powers to oversee the public interest in a specific field. This is perhaps even more true of Roman magistrates, who rarely function as “boards” the way Greek magistrates often do (none of the senior magistrates in Rome function as a board, they are all individual actors). Instead of having an chief executive (like a president or prime minister) to coordinate the different actions of government, the Romans in the Middle Republic instead rely on the Senate, which will be our topic for next week, though the Senate’s guidance is going to show up a fair bit here as well.
Each of these offices has a range of functions and some interesting powers and prerogatives, so it is worth discussing each one in turn.
Bret Devereaux, “Collections: How to Roman Republic 101, Part IIIa: Starting Down the Path of Honors”, A Collection of Unmitigated Pedantry, 2023-08-11.
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April 14, 2024
More evidence of Canada’s dwindling state capacity – not enough judges
Matt Gurney discussed this issue along with several others in this week’s Line podcast (highly recommended listening/watching, by the way):
Superior Court of Justice building on University Avenue in Toronto (formerly the York County Court House).
An evolving line of defence we see from the federal Liberals is that they’re actually doing a great job. It’s those darned provincial premiers that are screwing things up.
We touched on this in our last dispatch. And you know what? There’s some truth to it. Some, I stress. A lot of issues that are much vexing Canadians today aren’t fully or even primarily in federal jurisdiction. Health care and housing are two obvious examples. Canada is a complicated place, and the Liberals no doubt prefer to not talk about things that they’ve done that have exacerbated challenges faced by other orders of government. But the basic point is fair: Justin Trudeau ain’t to blame for all that ails you. Or at least, the blame ought to be spread around some.
This national disgrace, though, lands squarely on him.
You might have read about the shortage of judges across the country. It’s a pretty niche issue, so you might have missed it. Even if you’ve heard about it, you may not have paid much attention to it. Most Canadians won’t have much contact with the criminal justice system over their lives, let alone make their careers in it. But the crux of the issue is this: appointing judges to provincial superior courts, where many of the most serious matters are heard, is in the federal jurisdiction. Solely. Ditto appointments to the courts of appeal: totally in the federal jurisdiction. And the feds have fallen way behind on filling vacancies and aren’t appointing judges fast enough to erase the backlog. Despite a spate of recent appointments, there are dozens of vacancies across the country. These are funded positions that ought to be filled and overseeing cases. But they aren’t, entirely because the feds haven’t made the necessary appointments. That’s the issue.
A lack of judges is creating bottlenecks in the justice system. Arrests are being made and charges are being laid and cases are being prepared and then … nothing happens. Because you can’t hold a trial if there isn’t a judge available to oversee it.
The Toronto Star‘s Jacques Gallant has established something of a bleak speciality in his recent reporting. He’s written a series of articles in recent months documenting serious criminal cases that are being thrown out of court, with the accused set free, because their trial has been delayed so much that it cannot be completed before the Supreme Court-ordered limit for a “reasonable” wait for a trial runs out. That’s 18 months for more minor issues, and 30 months for serious ones.
To be clear: the decision to throw out the cases is, in a legal sense, correct. Indeed, it’s mandatory. The Supreme Court determined what a hard limit should be, and a case that exceeds that is dead. Full stop. That’s the law of the land. The judges forced to preside over these dismissals are not to blame, and are increasingly venting their frustration in their rulings. They’re mortified, and they’re criticizing the government in unusually blunt terms, to put it mildly. You don’t often read court rulings that come off more like op-eds, but we live in weird times.
But it’s a good thing that they’re saying something. Because these vacancies are having appalling real-world consequences. Gallant wrote recently about a case that I felt would mark the low point in the entire embarrassment. A woman had accused a man of raping her. She did a brave thing and reported it. The police believed her and made an arrest. The Crown reviewed the evidence and believed her, and proceeded with a trial. A jury believed her, and after considering the evidence against the accused and hearing his defence, convicted him of the crime.
And then the judge tossed the case, setting aside the verdict and letting the accused go free, innocent in the eyes of the law. Because the clock had run out.
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QotD: Imperium in the Roman Republic
That power was represented visually around the person of magistrates with imperium through the lictors (Latin: lictores), attendants who follows magistrates with imperium, mostly to add dignity to the office but who also could act as the magistrate’s “muscle” if necessary. The lictors carried the fasces, a set of sticks bundled together in a rod; often in modern depictions the bundle is thick and short but in ancient artwork it is long and thin, the ancient equivalent of a policeman’s less-lethal billy club. That, notionally non-lethal but still violent, configuration represented the imperium-bearing magistrate’s civil power within the pomerium (recall, this is the sacred boundary of the city). When passing beyond the pomerium, an axe was inserted into the bundle, turning the non-lethal crowd-control device into a lethal weapon, reflective of the greater power of the imperium-bearing magistrate to act with unilateral military violence outside of Rome (though to be clear the consul couldn’t just murder you because you were on your farm; this is symbolism). The consuls were each assigned 12 lictors, while praetors got six. Pro-magistrates [proconsuls and propraetors] had one fewer lictor than their magistrate versions to reflect that, while they wielded imperium, it was of an inferior sort to the actual magistrate of the year.
What is notable about the Roman concept of imperium is that it is a single, unitary thing: multiple magistrates can have imperium, you can have greater or lesser forms of imperium, but you cannot break apart the component elements of imperium.1 This is a real difference from the polis, where the standard structure was to take the three components of royal power (religious, judicial and military) and split them up between different magistrates or boards in order to avoid any one figure being too powerful. For the Romans, the royal authority over judicial and military matters were unavoidably linked because they were the same thing, imperium, and so could not be separated. That in turn leads to Polybius’ awe at the power wielded by Roman magistrates, particularly the consuls (Polyb. 6.12); a polis wouldn’t generally focus so much power into a single set of hands constitutionally (keeping in mind that tyrants are extra-constitutional figures).
So what does imperium empower a magistrate to do? All magistrates have potestas, the power to act on behalf of the community within their sphere of influence. Imperium is the subset of magisterial potestas which covers the provision of violence for the community and it comes in two forms: the power to raise and lead armies and the power to organize and oversee courts. Now we normally think of these powers as cut by that domi et militiae (“at home and on military service”) distinction we discussed earlier in the series: at home imperium is the power to organize courts (which are generally jury courts, though for some matters magistrates might make a summary judgement) and abroad the power to organize armies. But as we’ll see when we get to the role of magistrates and pro-magistrates in the provinces, the power of legal judgement conferred by imperium is, if anything, more intense outside of Rome. That said it is absolutely the case that imperium is restrained within the pomerium and far less restrained outside of it.
There were limits on the ability of a magistrate with imperium to deploy violence within the pomerium against citizens. The Lex Valeria, dating to the very beginning of the res publica stipulated that in the case of certain punishments (death or flogging), the victim had the right of provocatio to call upon the judgement of the Roman people, through either an assembly or a jury trial. That limit to the consul’s ability to use violence was reinforced by the leges Porciae (passed in the 190s and 180s), which protected civilian citizens from summary violence from magistrates, even when outside of Rome. That said, on campaign – that is, militae rather than domi – these laws did not exempt citizen soldiers from beating or even execution as a part of military discipline and indeed Roman military discipline struck Polybius – himself an experienced Greek military man – as harsh (Polyb. 6.35-39).
In practice then, the ability of a magistrate to utilize imperium within Rome was hemmed in by the laws, whereas when out in the provinces on campaign it was far less limited. A second power, coercitio or “coercion” – the power of a higher magistrate to use minor punishments or force to protect public order – is sometimes presented as a distinct power of the magistrates, but I tend to agree with Lintott (op. cit., 97-8) that this rather overrates the importance of the coercive powers of magistrates within the pomerium; in any case, the day-to-day maintenance of public order generally fell to minor magistrates.
While imperium was a “complete package” as it were, the Romans clearly understood certain figures as having an imperium that outranked others, thus dictators could order consuls, who could order praetors, the hierarchy neatly visualized by the number of lictors each had. This could create problems, of course, when Rome’s informal systems of hierarchy conflicted with this formal system, for instance at the Battle of Arausio, the proconsul Quintus Servilius Caepio refused to take orders from the consul, Gnaeus Mallius Maximus, because the latter was his social inferior (being a novus homo, a “new man” from a family that hadn’t yet been in the Senate and thus not a member of the nobiles), despite the fact that by law the imperium of a sitting consul outranked that of a pro-consul. The result of that bit of insubordination was a military catastrophe that got both commanders later charged and exiled.
Finally, a vocabulary note: it would be reasonable to assume that the Latin word for a person with imperium would be imperator2 because that’s the standard way Latin words form. And I will say, from the perspective of a person who has to decide at the beginning of each thing I write what circumlocution I am going to use to describe “magistrate or pro-magistrate with imperium“, it would be remarkably fortunate if imperator meant that, but it doesn’t. Instead, imperator in Latin ends up swallowed by its idiomatic meaning of “victorious general”, as it was normal in the republic for armies to proclaim their general as imperator after a major victory (which set the general up to request a triumph from the Senate). In the imperial period, this leads to the emperors monopolizing the term, as all of the armies of Rome operated under their imperium and thus all victory accolades belonged to the emperor. That in turn leads to imperator becoming part of the imperial title, from where it gives us our word “emperor”.
That said, the circumlocution I am going to use here, because this isn’t a formal genre and I can, is “imperium-haver”. I desperately wish I could use that in peer reviewed articles, but I fear no editor would let me (while Reviewer 2 will predictably object to “general”, “commander” or “governor” for all being modern coinages).3
Bret Devereaux, “Collections: How to Roman Republic 101, Part IIIb: Imperium”, A Collection of Unmitigated Pedantry, 2023-08-18.
1. I should note here that Drogula (in Commanders and Command (2015)) understands imperium a bit differently than this more traditional version I am presenting (in line with Lintott’s understanding). He contends that imperium was an entirely military power which was not necessary for judicial functions and was not only indivisible but also, at least early on, did not come in different degrees. In practice, I’m not sure the Romans were ever so precise with their concepts as Drogula wants them to be.
2. Pronunication note because this bothers me when I hear this word in popular media: it is not imPERator, but impeRAtor, because that “a” is long by nature, and thus keeps the stress.
3. And yes, really, I have had reviewers object to “general” or “commander” to mean “the magistrate or pro-magistrate with imperium in the province”. There is no pleasing Reviewer 2.
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April 10, 2024
Saving Our Democracy watch – “[Trump] has to do at least ten years, or everybody will hate the navy”
Chris Bray suggests that reading the full linked document may be hazardous to your mental health, so he’s helpfully highlighted a few of the key points that may have you scratching your head and saying something like “The Fuh? What??”
I have a mixed view of Donald Trump’s argument about presidential immunity, which you can read here. But an amicus brief filed with the Supreme Court today by retired flag officers and service secretaries is so bizarre that reading it may permanently alter the structure of my face.
You can read the whole amicus brief here, but treat it like a solar eclipse and don’t stare at it directly. As a first sign of how much good faith the thing contains, one of the amici is Michael Hayden.
The first argument is that Trump has to go to prison or else civilians won’t control the military anymore. You think I’m kidding.
“Amici are deeply interested in this case because presidential immunity from criminal prosecution would threaten the military’s role in American society, our nation’s constitutional order, and our national security.” See the connection? If Donald Trump doesn’t go to prison, “the military’s role in American society” will be damaged. He has to do at least ten years, or everybody will hate the navy.
The prevailing feature of the entire brief is an essence of flattening. Every issue is very simple. There are no competing examples. None of this has ever come up before: The brief deals with questions of presidential immunity around Obama drone-killing a 16 year-old US citizen, or Lincoln unilaterally suspending habeas corpus and using the military to arrest critics of the war, by not mentioning any of it, or any other historical example. Everything is a surface. I’ve graded undergraduate essays, so the tone and depth of the effort feels familiar.
Third argument: Donald Trump has to be prosecuted, because America promotes democracy all over the world, and Trump not being prosecuted is against democracy, so it will be harder for us to promote democracy if we don’t prosecute him. Authoritarian regimes say that American democracy doesn’t work, so: “Presidential immunity from criminal prosecution feeds those false and harmful narratives. Unless Petitioner’s theory is rejected, we risk jeopardizing America’s standing as a guardian of democracy in the world and further feeding the spread of authoritarianism, thereby threatening the national security of the United States and democracies around the world.”
We have to imprison the leader of the political opposition, or people won’t think we’re a democracy, and then there will be more authoritarianism, like when regimes imprison the political opposition.
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April 3, 2024
Man of his era, indeed – “we think too much of Thomas Jefferson, because we don’t see his cultural context”
Chris Bray on the sudden discovery of his dissertation topic in a quite unexpected venue:
Thomas Jefferson, 1800.
Oil portrait by Rembrandt Peale via Wikimedia Commons.
Fifteen years ago, more or less, I stumbled into a topic for a dissertation when I got frustrated and took a walk. I was in Worcester, Massachusetts, working in the archives at the American Antiquarian Society and finding just absolutely nothing at all that answered my question. So I wandered, and passed a decommissioned armory with a sign over the door that said MASSACHUSETTS MILITARY ARCHIVES. They let me poke around, and by the end of the day I was running around with my hair on fire and shouting at everybody that my dissertation was about something else, now.
State militia courts-martial in the opening decades of a new republic recorded every word, in transcripts that could run to hundreds of pages — frequently interspersed with a line that said something like, “Clerk again reminded witnesses to speak slowly.” The dozen officers who made up a militia court weren’t military professionals, but were instead the prominent farmers and craftsmen who were elected to militia office by their townsmen. So transcripts of state military trials were verbatim discussions among something like the most respected farmers of a county, or of this county and the next one over. They were not recorded debates between the great statesmen of the era. And they needed a big room where a dozen men could sit at a long table in front of the parties and the spectators, so state courts-martial tended to convene in taverns.
One more important thing: The formalization of military courts was way in the future, and there wasn’t a professional JAG Corps in the militia to run trials. State courts-martial were a lawyer-free forum. The accuser was expected to “prosecute” his case — to show up and prove the wrongdoing he had claimed to know about. And defendants were expected to personally defend themselves, questioning witnesses and presenting arguments to the court. At the end of testimony, the “prosecutor” and the defendant personally went home to write their own closing statements, and we still have these documents, tied into the back of the trial transcripts with a ribbon. Courts would stop in the evening and resume in the morning, and men accused of military offenses would show up with twenty-page closing statements in their own handwriting, with holes in the page where the pen poked through.
So: a panel of farmers, serving as local militia officers, listening to an argument between farmers who served as local militia officers, in a tavern, and we have a detailed record of every word they said.
They were magnificent. They were clear, thoughtful, fair, and logical. They had no patience at all for dithering or innuendo; they expected a man who accused another man of wrongdoing to get to it, in an ordered and serious way. Witnesses who fudged or evaded ran into a buzzsaw. The officers on the courts would interject with their own questions: Look, captain, did he say it or didn’t he? And then they wanted a serious summary of the evidence, with a consistent argument. Their thinking was structured, and they expected the same of others.
We distinguish between talking and doing, and between talkers and doers. But these men were doers in the hardest sense. Their families starved or thrived because of their work with tools and the skill in their hands. Their food came from their dirt, outside their front door. They mostly weren’t formally educated; they didn’t spend their young lives going to school. They worked, from childhood. And yet they could talk, meaningfully and carefully. They could address a controversy with measured discourse, gathering as a community to assess an institutional failure and organize a logical response. Their talking was another way of doing.
The historian Pauline Maier has written that we think too much of Thomas Jefferson, because we don’t see his cultural context. The Declaration of Independence looks to us like a startling act of political creativity, systematically describing a set of grievances and proposing an ordered response based on a clear philosophy of action. But Jefferson showed up after years of disciplined and thoughtful local proclamations on the crisis, Maier says. He was the national version of a hundred skillful town conventions, standing on the foundation of an ordered society that knew what it believed and what it meant to do about it.
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March 16, 2024
Canadian courts bracing for a “tsunami” of Pretendians
Tristin Hopper on the dawning realization among Canadian provincial courts that they are facing a huge increase in the number of offenders hoping to take advantage of the reduced sentences available to First Nations people:
“The Pretendians”, a CBC documentary – https://www.cbc.ca/passionateeye/episodes/the-pretendians
A B.C. judge has warned that a “tsunami” of fake Indigenous people are set to hit the Canadian court system as offenders increasingly claim Indigenous status in a bid to obtain lighter treatment.
“A Tsunami is coming; driven by the desire of non-Indigenous people to get what they perceive to be the benefits of identifying as Indigenous,” B.C. Provincial Court Judge David Patterson said in a decision published this week.
Patterson warned his fellow judges “to be alive to the issue of Indigenous identity fraud” and begin demanding “proof” that offenders are “entitled to be sentenced as an Indigenous person”.
The decision was in regards to a Prince George, B.C., pastor, Nathan Legault, who was convicted of several charges related to the sexual victimization of young girls under his supervision, including a conviction for the making of child pornography.
But before the sentencing, Legault told the court he now self-identified as Métis, and should thus be subject to Gladue Rights — a system wherein judges are required to consider lighter and “alternate” sentences for Indigenous offenders.
First written into the Criminal Code in 1995 and then encoded in the 1999 Supreme Court decision R v. Gladue, these principles were explicitly introduced to reduce rates of Indigenous incarceration by requiring judges to consider “the circumstances of Aboriginal offenders” before applying a legal sanction.
R v. Gladue states specifically that the principle is “not to be taken as a means of automatically reducing the prison sentence of aboriginal offenders”. The decision also says that it’s “unreasonable to assume that aboriginal peoples do not believe in the importance of traditional sentencing goals”.
Nevertheless, lighter sentences and more ready bail are often the effect — to the point where the Gladue process has been criticized by Indigenous women’s groups for favouring Indigenous male offenders at the expense of Indigenous female victims.
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January 29, 2024
What’s a little imaginary evidence among Laurentian co-conspirators?
Elizabeth Nickson may be speculating a bit ahead of the situation, but it really does look as if Trudeau is facing electoral disaster (but as long as Jagmeet honours their agreement, he doesn’t have to face the voters quite yet):
And just like that, Canada’s storied Liberal Party, in power for one hundred years, the country’s self-described “natural governing party,” is done. Before the ruling this week, Pierre Polievre’s Conservatives were projected to win 222 seats, according to Angus Reid’s January 21st poll, with the Liberals at 53 seats. Trudeau’s partner-in-crime, the fetching champagne socialist Jagmeet Singh, he of the mauve headwraps and Rolex watch? Twenty-five seats. With the decision, handed down by a federal judge, that Trudeau invoked the Emergencies Act illegally, to end the truckers’ protest in Ottawa and at border crossings in Ontario and Alberta, Canada’s ruling elite has given up. They cannot continue the fiction any longer.
To illustrate how ridiculous Canada’s public life is, the findings by the RCMP and government were entirely driven by a government-funded Non-Governmental Organization, the Canadian Anti-Hate Network, or CAHN. The group was used in a perfect illustration of the Iron Triangle of government and bureaucratic action. The government funds an anti-hate group, which immediately identifies opposition to the government, labels it as hate, feeds it to the police which proceeds to investigate.
The astroturfed outfit accused a podcaster of being a “white supremacist” and an “accelerationist”. The RCMP then provided CAHN’s “evidence” to legislators who then fed it to the subsidized media. Like a very, very good little girl, Canadian senator Paula Simons said he (the podcaster) wanted to “accelerate racial conflict to lead to the eventual creation of a White ethnostate”, during a debate in the house. None of this was found in any of the hundreds of hours of said podcast. Nevertheless, it was reported widely across the media as cold hard fact.
As in every single western democracy now staggering under unsustainable government-caused debt, the “natural ruling party” stood up for the thousands upon thousands of activist groups who besiege citizens with scare- and sob-stories meant only to increase the tax base for the Liberal elite. In recent years, to combat growing anti-government populism, elites in every western democracy have also supported political action groups meant to drive its enemies into the dirt. As reported by Michael Shellenberger and Matt Taibbi, these are coordinated through the Five Eyes and gamed at the World Economic Forum, in a cross-cultural assault by the elites on the people.
In short, CAHN drove virtually 100 percent of the evidence used to invoke the Emergencies Act. All of its accusations were found to be fake, fictionalized or exaggerated, as the attached FOIA documentation demonstrated. The outfit is a typical attack dog, staffed by members of the hard left, like this character, its face: Sue Gardner. These people are sent around the Stations of the Activist Cross, acquiring credits, awards and citations, to give themselves credibility, without having creating anything of value in the real world. The marshalling of the greedy hard left by corporatists to force ideological purity upon the middle and working classes was a masterful strategy. It, and its international cadres, are entirely focused on destroying the political power of the middle and working classes by accusing them of “racism” and “hate”.
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January 14, 2024
The insane miscarriage of justice in Britain’s Post Office and the courts
The British Post Office (formerly the Royal Mail) has spent the last several years prosecuting many of its own staff for financial skulduggery uncovered by the Post Office’s computer system. Many people have been convicted and punished, yet it now comes to light that the real culprit is the faulty accounting methods used in the Post Office’s Horizon software:
“Atten-SHUN! EIIR Red Pillar Boxes” by drivethr? is licensed under CC BY-SA 2.0 
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What went wrong at the Post Office over that Horizon computer system is being described as very difficult, complicated, we’ll never really find out and Whocouddaknowed?
This is not correct. The Post Office knowed, ICL knowed, Fujitsu knowed.
Therefore and thus, as I’ve said before, just Jail Them All. There will be some who will be able to argue their way out on the basis of their innocence and that’s fine, even great. But let’s start with everyone on the right side of the bars.
It’s long been — as I’ve said — common gossip among programmers that the base problem really was pretty base. The Horizon system counted incompletes as a transaction. So, a transaction is going through and it doesn’t quite make it. Communication problems, something. A sensible system looks at incompletes and ignores them. Only completes, fully handshaken and agreed, change the accounting ledgers. Horizon did not do this. It would count the incomplete as one transaction, then when the full one came through count that as an additional, extra, transaction.
This is how a branch thought it had one number, the centre another. Because the branch regarded the incomplete and the resend as only the one transaction, the centre as two.
But common gossip among programmers isn’t enough, obviously.
It’s bad enough that glitchy software could cause such human tragedy, but it’s worse: Post Office management knew and chose to cover it up.
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December 28, 2023
“Lich and Barber … now hold the record for the longest “mischief” trial in Canadian history”
“Autonomous Truck(er)s” describes the “Lawfare Archipelago” as Justin Trudeau’s government persecutes Tamara Lich and Chris Barber for their part in organizing the Freedom Convoy movement in 2022:
It has been almost two years since Canada’s Freedom Convoy took the country, and the world, by storm. In what has been hailed around the globe as the most popular protest anywhere against the international Covid Regime, represented in Canada by the venal and vindictive Prime Minister Justin Trudeau, the Truckers of the Freedom Convoy still occupy a place as heroes to millions.
Everyone remembers how the Freedom Convoy was crushed by Trudeau’s invocation of the Emergency Measures Act, and how bank accounts were frozen, credit cards, insurance, the entire financial lives of hundreds of people that were completely shut down. The police crackdown on peaceful protesters, smashing of windows and other vandalism committed against the protesters vehicles, trampling people with horses, the beatings, the arrests; an overwhelmingly disproportionate and wholly unnecessary asymmetric response.
In December of 2023, however, a number of those truckers and their supporters are still facing adversity and punishment, including potential jail time, with ongoing court cases, and in the situation with The Coutts 4, a trial which hasn’t even started yet.
These cases are illustrative of the corruption of the Canadian political system, the media, the courts and ‘justice system’, and the subversion of some of the founding pillars of western civilization.
Canada is no longer a free country by any stretch of the imagination.
Part 1 : Tamara Lich and Chris Barber
On Thursday, November 30, just a few weeks ago, I traveled to Ottawa to take part in an interview for a documentary film being made by former CBC journalist and now freelance podcaster Trish Wood, whose working title is The Trials of Tamara Lich. Trish had stumbled upon my writings and podcasts here at Substack, and invited me on her show to discuss the situation with the Coutts men being held as political prisoners. Impressed with my work on that, as well as my history in trucking and perspectives on the deeper meaning behind the Freedom Convoy, she wanted me to appear in this documentary; I was honored to be asked and happy to oblige.
As of this writing, the trial is on Christmas break, and may, possibly resume in March 2024. It should be noted that for the primary charges that Lich and Barber are facing, in their roles as organizers of the Ottawa portion of The Convoy, a 100% peaceful protest whose only acts of violence or property damage came at the hands of the police, they now hold the record for the longest ‘mischief’ trial in Canadian history.
Given the actions of our government, perhaps it is they who should be the accused.
Chris “Big Red” Barber, a trucker from Saskatchewan who specializes in hauling oversize agricultural equipment, became one of the faces of the Freedom Convoy through his frequent TikTok videos, sharing news about the protest to his many followers online.
It is these TikTok videos that appear to be the bulk of the evidence the Crown has against Mr Barber, though sharing information on a publicly available platform seems the kind of “crime” one would expect to be prosecuted in the country where TikTok is headquartered, The People’s “Republic” of China. The basic dictatorship, we should recall, that is “admired” by Prime Minister Trudeau.
Quelle surprise, coming from Cuba’s most infamous son.
The deeply unsurprising lack of evidence on the part of the Crown is one reason why this case continues nearly two years later; Trudeau, and the Laurentian Elite by whom he was groomed for glory, cannot accept that they went way out over their skis in the gross mismanagement of Covid, and their utterly disgusting treatment of the Freedom Convoy.
An example must be made of Barber and Lich, who are both facing ten years in prison should the Crown get the convictions they desire. “Copping a Tenner”, as they used to call a trip to one of Stalin’s Gulag Camps, is quite a cost to satiate Trudeau’s latent authoritarian proclivities and his narcissistic vanity. One wonders if this is not also an effort to prove to his real constituency, the forces of global corporatism and control exemplified by WEF leader Klaus Schwab, that Trudeau will preserve the image of the brand.
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December 5, 2023
“Why should a criminal act be punished more or less severely depending on a victim’s ability to emote in public about it?”
Janice Fiamengo with a column that, had it been written by a man, would merit universal condemnation from the mainstream media (instead, if they pay any attention to it will probably dismiss it with hints of “false consciousness” or “Stockholm syndrome”):
For years, activists told us that part of the horror for sexual assault survivors was the fear of not being believed, the feeling that one was alone with an experience no one else understood or even acknowledged. Fair enough. Now, decades into the near-constant discussion of all varieties of such assault, many quite trivial yet treated with great seriousness, women don’t seem to have become any better at dealing with the ostensible horror — quite the opposite. The unending focus on sexual victimization seems only to have created more victims.
A case in point involves the infamous sexual crimes of Dr. Vincent Nadon, a now-disgraced GP at the University of Ottawa Health Clinic, who in late 2018 was sentenced to eight years in prison after he pled guilty to many dozens of counts of voyeurism and sexual assault during a 28-year medical practice. (The exact number of charges was hard to determine, seeming to change in every report). Much of what Nadon pled guilty to — mainly the recording of women via his cellphone while they were undressing or undergoing breast exams — was a type of deeply unprofessional conduct that might have gone forever unnoticed by the victims if one intrepid woman had not seen the cellphone’s recording light winking at her from a cabinet and gone to investigate. There were also allegations of sexual assault nearly indistinguishable in their details from regular medical touching — the main distinction being that the touching was “for sexual purposes”. Witnesses at Nadon’s sentencing hearing spoke of what had occurred, in some cases many years previously, as if it had been the worst possible betrayal.
A report of the sentencing hearing described women wiping away tears as they told of “feelings of powerlessness, embarrassment and even guilt”. Others said they had become distrustful of men after learning of Nadon’s actions. One woman, having been shown by police a cellphone recording made of her in Nadon’s office, claimed that she felt physically ill and “has not been able to go to another doctor, and is uncomfortable undressing, even in front of her husband”. Another woman said she felt “violated and betrayed”, and now “looks for hidden cameras everywhere, is obsessed with locking doors, and has developed a medical condition that can be caused by stress”. Many alleged that they feared seeing videos of themselves on the internet though there is no indication Nadon ever uploaded any of his recordings.
In a separate report about fallout from the charges against Nadon, some women expressed outrage at authorities they saw as complicit in their victimization, with one woman complaining that University of Ottawa Health Services failed to “help [her] tell [her] story and come forward”. This woman, who told how she had not been provided with a gown to wear during a pap smear procedure with Nadon, was also furious at the University of Ottawa for failing to more closely monitor its health service provider. Her anger was sustained and wide-ranging: “Obviously I’m super traumatized. I feel extremely violated and so sick to my stomach. It’s really, really disgusting.” “It’s even hard for me now to find a therapist I can trust.”
I can’t get inside these women’s heads, of course, but their statements seem hysterical and irrational, far in excess of the facts, and perhaps willfully exaggerated in order to garner the maximum of attention and sympathy. It was disturbing to see such statements presented as if they proved something about the severity of Dr. Nadon’s actions. They prove nothing except the climate of alleged female sexual fragility in which we are all now forced to live.
Victim impact statements are often of dubious value in criminal justice proceedings — why should a criminal act be punished more or less severely depending on a victim’s ability to emote in public about it? — but in a case like this, with damsel-in-distress melodrama having already been stoked by multiple media reports at every stage of the investigation, the victim statements took on a particularly staged, formulaic quality. One had to make an effort to remember that many of the complainants would not even have known they were harmed if police hadn’t shown them that they were. Their pain may have been real, but it was also almost entirely self-generated.
The whole story of Dr. Nadon the beloved physician turned super-predator seems to have been largely manufactured, first and foremost by police, who were so eager to find as many complainants as possible that they repeatedly put out calls through the media for more “victims” to come forward. I’ve never seen anything quite like it, with police stating publicly that they feared there were likely more victims, and issuing “a public plea for help”. What did they expect to happen?
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November 25, 2023
“It’s not called the gender empathy gap for nothing”
Janice Fiamengo on the blatant disregard for violence as long at that violence is not directed at women:
The news headline by the CBC, Canada’s state-funded broadcaster, could hardly have been more blatant: “Ottawa had 16 homicides in 2022—and nearly half of the victims were women or girls“. In other words, more than half of the victims, as is always the case, were boys and men, a state of affairs that no one at the CBC has ever found troubling enough to lament or even notice. Only when the female homicide rate approaches gender parity in one (unusual) year is it a “collective crisis”, as the subheading alleges.
It’s not called the gender empathy gap for nothing.
[Author’s note: Perhaps I should have stopped here. What more is there to say about the extraordinary indifference of most people, men and women, to violence against men and the craven desire to deny female culpability? There’s nothing new in this essay, no new angle or stats, no rousing call to action, nothing beyond the marshalling of dreary evidence and sadly sarcastic observations unlikely to change any mind or cause any gynocentric cheek to blush. I had intended to finish it in time for the International Day for the Elimination of Violence Against Men, on November 18, but was stymied partly by a sense of helpless anger, the weight of which pressed down on every sentence. The section at the end, about the death of Benjamin Rain, was the last straw.]
Feminists have long touted their concern for victims, yet that is never in shorter supply than in their one-sided discussions of violence, in which the only deaths allowed to matter are female deaths, presented for readers’ contemplation with poignant circumstances, names, and expressions of horrified sadness, as in the above-mentioned article. Dead men remain largely anonymous, and few readers could guess from the typical reports of feminist organizations that women are ever lethally violent.
Indifference to male suffering and death are the norm all over the world, of course, but the Anglophone feminist movement has markedly increased it, fudging numbers and manipulating language to focus empathy exclusively on women and girls. The CBC article devotes significant space to discussing the risible concept of femicide, a relatively recent coinage that makes no secret of its female supremacism, purporting to highlight how women and girls are killed “simply for being women” and “primarily by […] men”, as if every woman, even one killed by accident (as we’ll see), is evidence of gender bias.
The idea that women are killed because they are women is preposterous, impossible to support with evidence, and obviously intended to solidify the impression that women outnumber men as victims of murderous violence. An organization called the Canadian Femicide Observatory for Justice and Accountability provides an elaborate taxonomy of forms of femicide to drive the idea home, deliberately blurring the lines between intimate partner homicide, a favored focus, and other killings of women, which are collectively deplored as “brazen acts of hatred“.
Even a cursory reading of the details, however, exposes the vacuousness of the terminology as well as the sleight of hand by which men’s alleged misogyny is misleadingly linked to the totality of the women’s deaths. Only two of Ottawa’s seven murdered women were killed by current or former intimate partners. One of the dead women was attacked and killed by her two adult daughters (an act called “non-intimate femicide”), while another was the victim of a stray bullet that killed her by accident and was probably intended for a man (if you can believe it, the Canadian Femicide Observatory calls this type of death “associated/connected femicide”).
It is impossible to conclude that all or even most of these — certainly unfortunate — deaths can logically be said to have occurred, as the mantra holds, “due to the existence of gender norms and stereotypes, discrimination directed toward women and girls, and unequal power relations across genders“. The determination to find gender discrimination at the root of all female suffering — and thus to justify yet more programs, initiatives, and taxpayer dollars for feminist organizations, as well as more collective shaming of men — seems unstoppable.
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October 5, 2023
“Canada, where truck drivers are Nazis and Nazis are war heroes”
Donna LaFramboise on the “Coutts Four” — bona fide political prisoners of the Canadian state:
Gord Magill has a lengthy article over at Newsweek titled Meet the Four Men Being Held as Political Prisoners in Canada. These individuals are jointly accused of conspiring to murder police officers during a protest in Coutts, Alberta around the same time that the Freedom Convoy truckers were in Ottawa.
That’s a very serious charge, of course, but evidence appears scarce. I’ve not personally investigated this matter, but a former Toronto police detective named Donald Best has. In July, he outlined a long list of concerns, in addition to pointing out that “Everybody makes bail in Canada” — including the man “currently accused of the first degree murder of Toronto Police officer Jeffrey Northrup”.
Yet the Coutts men — three of whom have no criminal record — have been held without bail for nearly 600 days. Since they are legally innocent until proven guilty, this is horrifying.
As Gord writes in Newsweek, we are a country in which hard-working Canadians are called Nazis by the same Prime Minister whose government recently recognized an actual Nazi with a standing ovation in the House of Commons. What a strange state of affairs.
After speaking to each of the Coutts four, Gord provides a wealth of new info about them. These are working class guys — a power lineman, the owner of a small construction company, a master electrician, and a contractor. Three of them have children as young as 9, 10, and 11. Gord says only two of them “knew each other prior to their arrest”. It’s difficult to imagine a more unlikely group of cop-murder conspiracists.
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September 9, 2023
The Republican race – “There don’t seem to be a lot of takers for ‘pretending this is normal'”
Mark Steyn on the establishment GOP’s attempt to run the 2024 campaign as though nothing has changed other than the calendar:
I mentioned on Monday that on his long-running Radio Derb John Derbyshire drew his listeners’ attention to an observation of yours truly:
I can’t improve on Steyn — nobody can — so I’ll just quote him from that piece.
I always feel Derb thinks I’m a bit of a pantywaist on the hardcore issues, but in today’s America even a reasonably sentient pantywaist should be able to get to the nub of the issue. Here’s the bit Derb quoted:
So two years later the American Right still talks about the justice system and the election campaign as if either term means what it does in functioning societies. As I said above, I don’t intend to comment on this week’s Trump indictment either, nor do I wish to talk about who would make the best president, who has the best platform, who has the skill-set to implement the platform … That would be all well and good if we were in, say, France, but, when the dirty stinking rotten corrupt U.S. justice system is criminalizing political opposition, there’s no point pretending this is a normal situation, right?
“There’s no point pretending this is a normal situation, right?” And yet at least three-quarters of the candidates in that Republican debate insisted on doing just that: This is just a normal quadrennial election in the greatest country in the history of countries where we’re renowned around the planet for our uniquely peaceful “peaceful transfer of power”, etc, etc.
Sorry, I don’t buy that — and evidently nor does the GOP base. Which is why Trump has a forty-point lead over his nearest rival, and Nikki Haley’s alleged triumph on stage in that debate has seen her numbers soar to — stand well back! — 6.1 per cent. The avowedly normal vice-president, senator and three governors nipping at her heels can barely muster ten percent between them. There don’t seem to be a lot of takers for “pretending this is normal”.
John Derbyshire quoted me in the context of the latest sentences on the January 6th “insurrectionists”. Dominic Pezzola broke a window at the Capitol and was given ten years; the government had asked for twenty. Joseph Biggs moved a crowd-control barrier and was sentenced to seventeen years; the government had wanted him banged up for thirty-three.
So the prosecutors and the judges seem to have reached a cozy understanding that, whatever sentence the former demand, the Court will be totally reasonable and cut in half. You want another? The feds demanded thirty years for Zachary Rehl; the judge gave him fifteen. And this is after two-and-a-half years in gaol awaiting their “constitutional right” (don’t wave that constitution at me!) to a speedy trial.
Oops, wait, I spoke too soon. The US Attorney wanted thirty-three years for Proud Boys leader Enrique Tarrio, but this time the judge decided to up it to two-thirds of the feds’ demand: twenty-two years. For a guy who wasn’t in Washington on January 6th.
All this of course in an ugly and violent land where actual career criminals who like to beat up disabled women with their own canes have the run of the playground. And with the connivance and support of the Democrat Party, even when very occasionally it all goes wrong for one of their own.
Oh, well. Mr Tarrio is a Proud Boy. I’m not really a Proud Boys type, if only because their founder, Gavin McInnes, has been a bit of an arse about me re Cockwombling Cary Katz and the CRTV cases. Still, I’m all about first principles — and a decade for breaking a window is not, even by lousy American standards, the verdict of a “justice” system.
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August 17, 2023
Lawfare as politics by other means
Chris Bray explains why getting rid of the Donald Trump candidacy wouldn’t even begin to solve the real problems in US politics today:
Donald Trump has been charged with crimes, so the Republican Party should drop him as a candidate and move on to someone else who hasn’t been indicted. That’ll solve the problem!
It won’t. The problem is lawfare. The Republican governor of Wisconsin defeated a recall effort, so Democratic district attorneys launched a long series of predawn raids on his supporters — until the courts made them stop. The Republican governor of Texas won four terms, but then was indicted by the office of a Democratic district attorney — for a budget veto, an action within his constitutional authority. Again, the courts intervened, and the legally absurd charges were dismissed.
Today, scumbag California Assemblyman Evan Low, a uniquely craven publicity chaser even by the local standards, proudly announces that he’s just introduced a legislative resolution calling for the federal government to open a criminal investigation into Florida Governor Ron DeSantis.
So. Get rid of Trump and nominate DeSan— oh, wait. Okay, name someone, anyone: Chris Christie, Vivek Ramaswamy, a utility nominee to be named later in exchange for three rookie infielders. Oh no, it turns out that the new nominee is under criminal investigation for [TBD]! As of, uh, tomorrow.
I have mixed feelings about Donald Trump, who supported pandemic lockdowns and school closures and the rushed development of mRNA injections with limited testing. Dumping him as a candidate because he’s been indicted misses the point. No Republican candidate will run for the presidency without being indicted, unless he’s a court-eunuch Mitt Romney figure, too safe to bother attacking.
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