Quotulatiousness

February 24, 2020

Bidding farewell to the rule of law in Canada?

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

John Carpay on the importance of the rule of law in civil society and why we’re at risk of losing it here in Canada:

The rule of law is one of the most important legal principles on which Canada is based. Along with the supremacy of God, it is mentioned in the very first words of the Canadian Charter of Rights and Freedoms: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”

The rule of law means that we are ruled by laws, not by the whims of a King, or the clamouring of a mob. The rule of law also means that the law applies to everyone, even the King; there can be no exemptions for the King or his favourites.

Countries which practice and uphold the rule of law tend to thrive economically, socially, politically and culturally. Countries which uphold the rule of law become wealthy because people can work, buy, sell and trade in the knowledge that their property and their person are protected by law. Economies thrive when people know that the law will be enforced, and that the law will be applied to everyone, even to the King and his favourites. The rule of law provides investors, foreign and domestic, with confidence to invest their money in business projects.

Conversely, when a country condones law-breaking, investors will put their money elsewhere, and quickly. The world’s poorest and most violent countries are those where politicians are above the law, and the law is not applied equally to all.

The decisions of Canada’s politicians and police to condone – for three weeks or longer – the blockading of railway lines by aggrieved protesters violate the rule of law in at least two ways.

First, our politicians are effectively stating that individuals with strongly held political opinions are entitled to engage in illegal activities, in this case shutting down railway lines. Second, law-breaking is permitted because Prime Minister Justin Trudeau and other politicians sympathize with the protesters’ ideology and demands: the law does not apply to the King’s favourites.

February 17, 2020

“The rails to hell are laid with good intentions”

In the National Post, Jonathan Kay explains how Canadian governments find themselves in the situation where the basic laws of the land can be flouted at will by a small extremist faction and the police are unwilling to do more than bare peacekeeping duties:

“Vancouver Solidarity with Wet’suwet’en” by jencastrotakespictures is licensed under CC BY-NC-SA 2.0

If you find yourself astounded by the current situation in Canada, whereby protesters have been allowed to shut down a rail network that remains a backbone of passenger travel and industrial transport (and whose coast-to-coast completion in 1885 became a symbol of national unity), it’s useful to revisit the accumulation of symbolic gestures that have steadily destroyed the moral authority of our governments to push back at any assertion of Indigenous rights and grievances. For years, our leaders offered reflexive acquiescence to increasingly expansive claims that Canada remains a white supremacist dystopia, culminating in last year’s campaign to convince us not only that modern Canada is a “genocide” state, but that even the act of expressing disagreement with this description makes you a sort of metaphorical train conductor on the rails to Canadian Dachau. Having publicly tattooed their guilty settler souls with every imaginable hashtag, our leaders now apparently find themselves stopped from restoring the rule of law.

The rails to hell are laid with good intentions. And there is nothing that now signals goodness in Canadian public life more than the land acknowledgment. Certainly, no one can argue with the historical truth that Indigenous peoples populated Canada for thousands of years before the arrival of Europeans. But words have meaning. And the well-understood meaning of these acknowledgments is that Indigenous peoples exercise a sort of broad, vaguely defined moral sovereignty over lands “owned” by Canadian governments, corporations and private citizens — including the lands on which we have constructed roads, rails, ports and legislatures. And since this sovereignty apparently now may be asserted at any time, for pretty much any reason, we have effectively lost the ability to enforce the systematic organization of property rights on which every functional society, Indigenous or non-Indigenous, depends.

The push to recognize Indigenous sovereignty over ancestral lands stretches back generations, an effort rooted in very real constitutional and treaty rights. But what I am describing here is not this formally bounded legal campaign, but rather the more general insistence that the entire country remains stained by original sin, and so must be purified by an open-ended, quasi-spiritual process of “decolonization.” This project began in earnest in 2017 as a counter-reaction to the perceived jingoism of the Canada 150 celebrations. Within the rarified corners of the literary and arts milieus (in which I found myself embedded at the time), decolonization quickly became a sort of state religion, complete with decolonization-themed sensitivity training and confession rituals.

[…]

The people doing the protesting are led by dissidents within one of the affected Indigenous communities, amplified by a critical mass of white environmentalists who are perfectly happy to cherry-pick Indigenous causes based on how well they line up with their own Anti-Racism/Critical Studies term-project requirements. Indeed, there is a certain type of very self-satisfied white Canadian leftist who sees himself as a real-life Lorax. Drawing on antiquated noble-savage stereotypes from the past, these decolonization super-allies cast Indigenous people as their little bar-ba-loot bears. And it just ruins their day when Indigenous leaders refuse to grab their tummies, moan for the CBC cameras, or read their bar-ba-loot scripts.

There is a larger hypocrisy at play here, too. Justin Trudeau and his entourage — currently on world tour, hoping to convince African and Caribbean leaders to hand him the shiny trophy of a UN Security Council seat — don’t take the train much. They fly. So, too, do the provincial politicians passing the buck in equal measure, not to mention the national broadcast journalists offering maudlin profiles of the demonstrators. Forcing ordinary travellers to bear the burden of upholding officially sanctioned upper-middle-class social-justice pieties isn’t “progressive.” It’s reactionary, snobbish elitism with a progressive façade.

February 16, 2020

The Canadian economy taken hostage while the PM swans around the world schmoozing for a temporary Security Council seat

Chris Selley on the state of play in the stand-off between (some) First Nations protesters and their temporary fellow travellers of the various permanent protest class:

“DSC02285” by Bengt 1955 is licensed under CC BY-NC 2.0

The majority of Wet’suwet’en First Nation members support the Coastal GasLink natural gas pipeline project, and they are in an objectively peculiar situation. On the one hand, the RCMP is doing its best to clear away the protesters and let construction proceed. On the other hand, anti-pipeline protesters claiming solidarity with the Wet’suwet’en have created chaos in their name — most notably the total shutdown of CN Rail’s eastern Canadian network, the cancellation of nearly every Canadian passenger train, and the layoffs and untold economic costs that go with that.

If protesters acknowledge the diversity of opinion among the Wet’suwet’en at all, they will defer to the authority of five hereditary chiefs who oppose the project, or observe that the five elected Wet’suwet’en band councils — all of which have signed community benefits agreements — represent a form of settler democracy imposed by the Indian Act.

[…]

Clearly the Wet’suwet’en are a divided community, including on the most basic questions of how they should be governed. It’s a mess. Mind you, look at the state of Canada as a whole.

Just as the RCMP have court authorization to clear protesters and encampments along the pipeline route, the Ontario Provincial Police have court authorization to clear the Mohawk rail blockade near Belleville, Ont. Unlike the RCMP, the OPP refuses to exercise its authority. And we just have to live with that. Conservative politicians are barking at Justin Trudeau to “enforce the law,” but he doesn’t give orders to the OPP, and neither does Ontario Premier Doug Ford, and nor should we want them to.

Still, you might expect senior ministers to have moderately stern words for folks illegally causing economic harm. You might expect the prime minister, at minimum, to be in the country. Instead, Trudeau spent the week swanning around Africa drumming up support for the UN Security Council seat with which he remains unaccountably obsessed, then decamped for the Munich Security Conference, where he was photographed warmly embracing Iranian foreign affairs minister Mohammad Javad Zarif, five weeks after Iran blew an airliner full of Canadians out of the sky over Tehran.

The Little Potato is probably doubly happy to have a valid (in his own mind) excuse for not being in the country at this particular time. He loves being the centre of attention … as long as that attention is friendly. He doesn’t handle situations well if the tempers are higher and the hostility is rising … like much of Canada right now.

The pipeline is a provincial project, not a federal one, but if the OPP won’t end the blockade and the feds aren’t willing to take truly extraordinary measures, then at some point in the foreseeable future it may well make short-term economic sense to give in to their demands. Maybe the feds can buy the pipeline from Coastal GasLink and shut it down.

And what if the Mohawks do lose interest, or are somehow induced to stand down? That now counts as the best-case scenario, and it will have involved shutting down the CN railway for at least a week — maybe two, maybe three — with enormous consequences for people’s livelihoods and the economy as a whole, all in the name of killing a project supported by the vast majority of Indigenous people affected by it. And it will happen again, as many times as any group wants it to, on whatever issue they want it to, for as long as they want it to. Unless someone in power does something unusually bold and concrete in the very near future – and it’s not even clear what that thing would be — we are well on the road as a country to being terminally screwed. In the meantime, we certainly have no lessons on accountable government to give the Wet’suwet’en.

February 14, 2020

The reaction to the Mohawk blockade near Belleville shows that VIA Rail isn’t a serious company

Mohawk protesters began blocking the main CN and VIA line between Toronto and Montreal near Belleville nearly a week ago. The police, having learned so often that the government and the courts won’t back them up, did little to try to get the blockade lifted other than to prevent active confrontations with the First Nations activists. Canadian National announced that they were being forced to park trains all over Eastern Canada as a result of the blockade and that deliveries of goods would be snarled for quite some time even after service is allowed to resume. VIA rail, on the other hand, seems to care not a bit about the thousands of travellers who have been stranded mid-journey and made no apparent efforts to bring in buses or any other arrangements. Chris Selley says this proves that VIA is not an essential service even in their own minds:

“The 6424” by Stephen Downes is licensed under CC BY-NC-SA 2.0

Of all the bad news to befall VIA Rail this week, with the cancellation of all its trains between Toronto and Ottawa and Toronto and Montreal — that’s roughly 50 per cent of its ridership and 60 per cent of its revenues — the worst news might be just how little news it has made. Mostly, the Mohawk blockade of the CN main line near Belleville, Ont., has been treated as a side story to the anti-pipeline protests and arrests in the British Columbia interior.

That’s what it is in the grand scheme of things: The battle between Wet’suwet’en members and chiefs and the federal government speaks to much larger, existential questions about the future of the Canadian economy, about the Liberal government’s reconciliation agenda, about the very nature of the Canadian federation and the rule of law. This blockade, launched in the name of solidarity with the Wet’suwet’en, just means people have to take the bus, or fly, instead of the train.

But that’s no small inconvenience, no small expense. Canadians in general are not quick to anger, but very few of the VIA refugees interviewed by various news outlets sounded even slightly furious, which they had every right to be. When protesters from the same First Nation blockaded the same set of tracks six years ago, VIA properly exhibited some concern with getting their customers to their destinations and put on replacement buses.

This time around, no buses. No suggestions. No response to media inquiries asking why there are no buses. Just a cancellation notice on the website and a fare-thee-well. At a time when VIA is seeking untold billions from the federal government to build a new Toronto-Ottawa-Montreal route and run vastly more trains, this does not bespeak a company that takes itself very seriously.

[…]

And never mind VIA, what sort of country lets a few people close down a key piece of national infrastructure, in violation of a court injunction — not for an hour or a day, but literally indefinitely? For a time it wasn’t even clear whose job it was to enforce the injunction: On Sunday an Ontario Provincial Police spokesperson told Global News it was up to the CN Police Service. On Tuesday, a CN spokesperson told the National Post it was up to the OPP, and indeed, late Tuesday OPP officers warned protesters to leave or they would be forced out. Perhaps the threat of massive economic disruption finally lit a fire under them: earlier in the day, CN had said it was considering shutting down huge parts of its freight network across the country. Had it just been rail passengers, though, the idea of this side-protest dragging on for weeks or even months seems absurdly plausible.

VIA Rail 918, a General Electric model P42DC locomotive, at Belleville, Ontario on 23 December 2008.
Photo by Martin Cathrae via Wikimedia Commons.

While VIA may not be serious, others are extremely serious:

Left-wing blogs have been offering instructions and maps during the #ShutDownCanada protests on how to blockade and destroy train tracks and other pieces of Canada’s infrastructure, according to True North.

Two websites in particular, these being North Shore and Warrior Up, have instructed demonstrators how to damage Canada’s pipelines, roads and railways.

In some of North Shore’s posts, for instance, they told their readers to stand in solidarity with the Wet’suwet’en tribe by destroying train tracks. In this article, the author makes it perfectly clear that he wants to damage Canada’s economy at large.

More absurdly, however, the article then went on to instruct the reader on how to compose a chemical mixture that destroys steel rail tracks — taking particular care to describe how not to leaving fingerprint or DNA evidence.

Thursday evening, VIA Rail announced their whole passenger network would be shut down until further notice: Service cancellation notice.

February 3, 2020

Royal NW Mounted Police Ross MkI Carbine & MkII Rifle

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

Forgotten Weapons
Published 31 Jan 2020

http://www.patreon.com/ForgottenWeapons

https://www.floatplane.com/channel/Fo…

Cool Forgotten Weapons merch! http://shop.bbtv.com/collections/forg…

One of the very early clients of the Ross Rifle Company was the Royal North West Mounted Police (later merged with the Dominion Police to form the RCMP). The Mounties purchased 500 Ross MkI carbines, which were actually the only factory-made Ross carbines ever produced. The guns were made in 1904 and delivered in 1905 — and quickly began to show problems. In particular, the bolt stops were unreliable and many springs had poor temper and lost strength. The RNWMP complained to Ross, who agreed to replace the carbines with new MkII Ross rifles.

Those new rifles did not arrive until 1909, and in the intervening years the police went back to issuing their old Lee Metford carbines. When they did finally get new rifles, the police commissioner was leery of their quality, and chose to hold them in storage at Regina headquarters and used for training and marksmanship competition only until he was confident that they were suitable for issue to his troopers. Before that confidence could be gained, however, a fire in the Regina warehouse destroyed all but 34 of them. Ultimately, the force was able to purchase Lee Enfield carbines from the British government in 1914, and never did successfully issue a Ross.

Many thanks to the collector who provided these original RNWMP guns for me to show you!

Contact:
Forgotten Weapons
6281 N. Oracle #36270
Tucson, AZ 85740

February 1, 2020

QotD: Justifying tyranny

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

In [Adam] Smith’s time, and now again in the regulatory state, few believed that a masterless society would be possible. The haunting fear by governing elites supported by worried citizens stirred up by an antitrade clerisy was then, and still is, that ordinary people will do bad things if left alone. Unless overawed by the threat of state violence in police or planning or regulation, ordinary people, especially the lower classes, will spurn priests, stop paying their rents and taxes, not save enough for old age, kill each other, not buy enough insurance, speak against the government, appear with hair uncovered, refuse military service, drink to excess, commit unnatural acts, use naughty words, chew gum, smoke marihuana – committing in sum, as Bill Murray put it in Ghostbusters, “human sacrifice, dogs and cats living together, mass hysteria.” A progressive or a conservative program of heavy regulation is a first-night-in-Ferguson-Missouri notion of keeping order. It is the justification of all tyranny, hard or soft.

Deirdre McCloskey, Bourgeois Equality, 2016.

December 23, 2019

Policing London – His Majesty King Mob – Extra History – #4

Filed under: Britain, History, Law — Tags: , , , — Nicholas @ 04:00

Extra Credits
Published 22 Dec 2019

John Fielding, Henry Fielding’s brother, took over the Bow Street Runners after his brother’s death. He was well known as a man who could identify over 3,000 criminals by voice alone. After all, he was blind. But his real contribution to policing was his organizational skills. He created the first Central Database of stolen goods and suspect descriptions and published papers that included not only London criminals but also descriptions of criminals wanted by other prisons in the country. And while the courts may have loved him, the public was much more skeptical. These were times marked by distrust in authority and having a criminal database seemed like an intrusion on personal liberty. What was required to change public opinion?

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December 15, 2019

Policing London – The Bow Street Runners – Extra History – #3

Filed under: Britain, Government, History, Law — Tags: , , , , — Nicholas @ 06:00

Extra Credits
Published 14 Dec 2019

Henry Fielding was a dangerous man … with a pen. He had a razor-sharp wit and created the page-turner novel, but that’s not what we want to focus on here. Because Henry Fielding is also responsible for assembling London’s first organized police force. The Bow Street Runners were inspired by Wilde’s operation just … not corrupt. But Fielding quickly found that in London’s justice system, corruption was the assumed default, not the exception. He certainly had his work cut out for him!

Henry Fielding – Everything Wilde did but you know… without the whole… being morally bankrupt bit.

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October 3, 2019

Toronto’s gun problem

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

The city of Toronto has a gun problem, and politicians are lining up to offer variations of the same idea as the solution. You see, unlike every other city in North America, all of the gun crime in Toronto is committed by legal owners of AR-15 and AK-47 “assault weapons”. They’re all fully registered with the federal government, and have taken all the required training courses and keep their weapons under the strict storage and transportation rules, never taking them anywhere but to the legally designated shooting range and always on the permitted route to and from that range (and they’re all life-members of the NRA, of course). This is why, unlike every other city in North America, a ban on “assault weapons” will eliminate 100% of the gun-related crime in Toronto.

In the real-world version of Toronto, however, the proposed ban will have almost no impact on the crime rates, because almost none of the gun-related crimes committed in Toronto involves any kind of “assault weapon”, most being turf disputes involving illegal handguns between drug dealers and personal grudges among “young aspiring rappers who are just about to turn their lives around”:

Colt Canada’s model SA20, a commercial version of the Canadian C7A2 rifle.
Image from the Colt Canada website.

If Liberals are re-elected to a second term in government, their plan to tackle gun violence includes a ban on high-velocity, semi-automatic rifles like the AR-15, and gun marketing bans that evoke America’s favourite action figure.

“There are sometimes advertisements and videos that appear (on social media) … to imply that we can be GI Joe on our main street,” Public Safety Minister Ralph Goodale said about the Liberal platform’s vague reference to “limit the glorification of violence by changing the way firearms are advertised marketed and sold in Canada.”

During a Q&A with reporters in Ottawa on Sunday, where Goodale fielded questions about their incumbent government’s election promises, the minister attempted to qualify freedom of expression implications with the types of promotional material that could be targeted.

“(It) depicts a kind of behaviour that is simply inappropriate and some people would find it quite threatening … and it leads to the impression of military assault weapons is something you just do, every day,” explained Goodale.

I’m not a big consumer of advertising, but I can’t recall the last time I saw any kind of ad for firearms in Canada that wasn’t in a gun magazine (and there are not many of those sold in typical corner stores). Scary black guns in Hollywood movie ads, sure … they’re everywhere … but that’s not in any way related to the advertising, sale, or use of guns in Canada.

September 17, 2019

“How did staging dinner-theatre raids to seize eleven grand’s worth of knock-off NFL merchandise become an ICE priority?”

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

Mark Steyn on a recent you’ve-got-to-be-kidding-me raid by ICE:

Because AOC and the open-borders left want to abolish ICE (US Immigration and Customs Enforcement), the right is obliged to defend it. This is a pity, because ICE is a deeply weird agency with, to put it mildly, increasingly curious and eccentric priorities.

Last week, for example, under crack agent Tatum King, ICE’s Homeland Security Investigations unit staged (that seems the appropriate word) a raid in Oakland of the Oakland Raiders game:

    ICE targeted vendors of unauthorized T-shirts, hats, caps and bandannas. The agency said the raid was done in partnership with NFL brand security representatives and state and local law enforcement. The Oakland Police Department said it was not involved.

    Officials said they seized about $11,000 worth of illegal swag — undoubtedly, most of it silver and black — during the ‘Monday Night Football’ game and its pre- and postgame tailgate parties.

    Tatum King, special agent in charge of the San Francisco Homeland Security Investigations unit, said about 400 pieces of merchandise were seized but no one was arrested. NFL brand officials issued warning letters and may be pursuing civil action, he said.

As they should — and in small claims court, if eleven grand is the best a no-expense-spared federal-state-local raid with everyone in the full Robocop can come up with.

But what business is it of ICE’s “Homeland Security Investigations” division? This arrest-less “raid” and its attendant publicity ballyhoo undoubtedly cost US taxpayers more than the barely five figures’ worth of Oakland Raiders swag they’re now passing round the office.

Like ICE, HSI was created post-9/11 — to enforce four hundred laws “combating terrorism and enhancing national security”. How did staging dinner-theatre raids to seize eleven grand’s worth of knock-off NFL merchandise become an ICE priority? Which it undoubtedly is:

    King said the agency is committed to ensuring the public purchases ‘legitimate products’ instead of cheaper knockoffs often sold outside stadiums like the Coliseum.

[…]

Tatum King appears to be the usual showboating tosspot in this regard. The picture above shows him after a previous raid netted him some Golden State Warriors merchandise. Agent King can’t keep actual MS-13 warriors out of the Golden State, but he can crack down on underpriced baseball caps and sweatshirts.

The President has declared, repeatedly, that there is an emergency at the southern border. I agree with that. He has also said that, therefore, he needs more resources. That’s harder to agree with when a rogue bureaucracy refuses to act as if there’s an emergency and deploy its existing resources accordingly.

In fact, I’m not sure the left’s alleged war on ICE isn’t just their usual sly deflection, intended to provide a bit of useful cover for a subversive immigration bureaucracy to carry on doing as it’s done for a generation now and refuse to enforce existing immigration law — at least for anything that matters.

August 25, 2019

QotD: Bipartisan authoritarianism

Hey, remember how Bill Clinton doubled down on the War on Drugs, perfecting Reagan’s haphazard and shoddily made race-war into a well-oiled incarceration machine that turned America into the world’s greatest incarcerator, a nation that imprisoned black people at a rate that exceeded Apartheid-era South Africa?

Some Democrats want to double down on their party’s shameful Drug War history. Massachusetts Rep. Stephan Hay [D-Fitchfield] has introduced House Bill 1266, which treats the existence of “a hidden compartment” in a vehicle as “prima facie evidence that the conveyance was used intended for use in and for the business of unlawfully manufacturing, dispensing, or distributing controlled substances.”

This means that if a cop stops you and finds no drugs or other contraband, but decides that part of your car is a “hidden compartment,” that cop can subject your car to civil asset forfeiture — that is, they can steal it, and force you to sue them to get it back.

The role of the Democratic Party is often to take the Republicans’ stupidest, red-meat-for-the-base policies, sloppily designed and doomed to collapse under their own weight, and operationalize them, putting them on the kind of sound bureaucratic footing that they need to have real staying power. Exhibit A is the drug war, but see also Obama’s perfection of GWB’s mess of a mass-surveillance apparatus, turning it into an immortal and pluripotent weapon that Donald Trump now gets to wield.

Cory Doctorow, “Proposed Massachusetts law would let cops steal your car if it had a ‘hidden compartment'”, Boing Boing, 2017-07-16.

August 14, 2019

Hong Kong’s struggle with the Chinese government

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

Andrew Coyne on the desperate situation of the Hong Kong protests:

2019 Hong Kong anti-extradition law protest on 16 June, captured by Studio Incendo from Flickr.
Photo via Wikimedia Commons

A sickening pall of inevitability hangs over the protests in Hong Kong, now in their tenth week. Neither side can afford to back down – the protesters, because their way of life, indeed their very lives, are at stake; the Beijing-backed government, for the precedent it would set, and the hope it would inspire.

As the violence mounts — most of it, to date, on the part of the police, or in some cases the Triad gangs hired to beat and intimidate the protesters — so does the likelihood of mass bloodshed, a reprise of the Tienanmen massacre of 30 years ago. Some of the protesters may indeed hope to tempt Beijing into such an appalling overstep; however horrific the prospect, or improbable their chances, it is difficult to blame them.

For as the people of the world’s freest city fend off being swallowed by one of the world’s most repressive dictatorships, they do so largely alone. Fifty-six years ago, when West Berlin faced a similar threat from the Eastern Bloc, the democratic world rallied to its cause – because its cause, they knew, was their cause. President John F. Kennedy went to Berlin to give his great, moving “ich bin ein Berliner” speech, declaring before the world that “all free men, wherever they may live, are citizens of Berlin.” These were not just words — it was NATO policy to defend the city with arms, if necessary.

And today? The president of the United States refers to the protesters as “rioters,” the Beijing-approved term. Should President Xi Jinping decide to suppress the unrest in Hong Kong by force, he seems to be signalling, he would be willing to look the other way — perhaps for reasons of state (what are a few hundred or even thousand lives if it helps close a trade deal?), or perhaps just out of his habitual admiration for dictators. But the government of Canada — 300,000 of whose citizens, let us remember, live in the city — has been scarcely more robust in their defence; neither have most western governments.

July 24, 2019

Wait, you mean there might be a downside to cannabis legalization?

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

As a libertarian of long standing, I’m on the record as being in favour of legalizing cannabis since long before it was cool (geeky and perpetually uncool libertarians probably helped keep it from being cool for at least a few years longer). I’m not enthused to hear that we may have been undersold on the risks of cannabis use … not that the government didn’t try telling is it was deadly, deadly poison (they did, repeatedly, and at great length), but they institutionalized the role of the boy who cried wolf, and every illegal narcotic got basically the same description. I’m actually not kidding here: the first health class I got in middle school included a lecture and a pamphlet on the dangers of pot; the second class covered the dangers of cocaine; the third warned against LSD; and so on … but they used a copy/paste to discuss the physical and mental risks of the different drugs, and they all read the same way. All those evil drugs are evil, bad, and rot your brain. Knowing that the pothead (“Hi, Gary!”) at the back of the class hadn’t suddenly had a psychotic break and tried to fly off the top of the school was the first hint that we were being oversold on the real world risks of (some) illegal drug use. The declared fact that some illegal narcotics actually are deadly, deadly poison ran up against the observed fact that a significant majority of people over the age of fifteen had tried cannabis and found it somewhat less scary than advertised.

Along with the beginnings of doubt that the government was being honest with us, and the clear understanding that even if using drugs wasn’t as dangerous as we were told, we shared a growing awareness that being caught with drugs by the police was significantly more dangerous and possibly deadly. Officer Friendly would shoot you down like a mad dog if he thought you were one’o’them drug-crazed hippies. It certainly changed the social dynamics of any interaction with Officer Friendly’s fellow heavily armed co-workers…

In the National Post, Barbara Kay suggests that not all the dangers of cannabis use were mere government propaganda:

Some years ago, in conversation with his wife, a forensic psychiatrist specializing in mentally ill criminals, former New York Times reporter Alex Berenson observed that the perpetrator of a recent violent crime had been high at the time, and had smoked pot regularly all his life. Her response — “Yeah, they all do” — jolted him. The result was his book, Tell Your Children: The Truth About Marijuana, Mental Illness and Violence.

Much of the referenced material in Berenson’s book had not yet been published a decade ago. But more recent studies only confirm what a few intrepid researchers were already warning about then.

Indeed, as I noted in a 2008 column, the head of the Medical research Council in the U.K., Professor Colin Blakemore, who in 1997 had been the moral authority behind a pot-legalization campaign, unequivocally reversed his pot-friendly stance in 2007, stating: “The link between cannabis and psychosis is quite clear now; it wasn’t 10 years ago.”

If you haven’t energy for a whole book, but would invest in 16 pages on the subject, you will be well rewarded by Steven Malanga’s in-depth article, “The Marijuana Delusion,” in City Journal‘s June issue. Here you will find debunked the blithe claim, still received as gospel by progressives and libertarians, that pot is virtually harmless and even therapeutic.

Unlike marijuana, real medications are deeply researched before coming on the market, and may attest to proven benefits, but are obligated to admit potential harms. Is pot a medicinal drug or a placebo? Nobody really knows. One may argue “who cares, as long as it works” (anecdotally I hear that pot works, and also that it doesn’t work), but that isn’t the point, since the legalization movement made medical claims for pot in order to bring the public onside politically. There was no will on the movement’s side to discover even radically fortified pot’s downsides.

The knowledge was out there for those interested. In 1987 a study of nearly 50,000 Swedish military conscripts followed for drug use over 15 years found that frequent pot use in teenhood was linked to a six-fold risk of schizophrenia as compared with non-usage. A 2004 meta-analysis of studies on pot use came to a similar conclusion. These studies, and others, are suggestive that heavy marijuana consumption, particularly in youth, may cause serious mental health problems. Yes, it is possible that the link isn’t entirely causal; people with mental health issues may be more likely to use marijuana heavily. But at the very least, this ought to be an issue of ongoing concern, particularly now that marijuana is legal in Canada and in an increasing number of U.S. states.

July 13, 2019

Piling on the charges to encourage plea bargaining – modern policing at work

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

A recent local crime story included the following laundry list of charges for one of the accused:

Shaquille Lovell, 21, of Ritson Road South in Oshawa is charged with careless carry of a prohibited firearm, contravention of storage regulations, unauthorized possession of a firearm, possession of a firearm knowing its possession is unauthorized, possession of a loaded prohibited firearm, and possession of a controlled substance for the purpose of trafficking (cocaine).

He was found to be carrying a prohibited weapon (a handgun) and a controlled substance (cocaine). Those two offences should be more than enough to prosecute with strong chance of conviction. All the rest of the bafflegab charges appear to be piled on to encourage plea bargaining, because they’re literally peripheral to the main criminal activity the accused has been charged with.

Lawyers, especially legal aid lawyers, will encourage the accused to “bargain down” the charges — one of the reasons for so many separate charges being applied — to avoid the cost and delay of a full trial … and the risk of facing the full potential sentence. Even relatively well-to-do middle class people will be more likely to want to avoid a long, drawn-out legal battle because it might well cost them everything they own. Poor people don’t even have that much of an option.

Canadian law enforcement is continuing to follow down the path of the United States, where a 90% conviction rate is considered low. According to Statistics Canada, “In 2013/2014, 63% of all cases completed in adult criminal court resulted in a finding of guilt”, but also “The extent to which plea negotiations are utilized in Canada currently remains unknown.”

July 8, 2019

Ottawa defends intrusive impaired driving rules against Maxime Bernier’s criticism

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

Ali Taghva reports on the contretemps over federal impaired driving rules that PPC leader Maxime Bernier slagged on Twitter:

Earlier today the official Twitter account for the Department of Justice had to issue a clarification after Maxime Bernier, the leader of the People’s Party of Canada, called the organization out for posting a worrying public announcement in both English and French.

In their original announcement, the Justice Canada account clearly stated that you could be arrested if you were to enjoy a drink after driving. The statement seemed to include summer time drinking on your own patio, noting that “It’s summertime and the living is easy! Whether you’re sitting on a patio or having a backyard #BBQ, remember it’s against the #law to have a blood alcohol concentration over prohibited levels within two hours of driving.”

The clarification posted since then pointed to a section in the law that prohibits conviction for those who decide to drink after arriving home safely.

I’d laugh at the awkward tweets if the actual law and the potential repercussions weren’t so damn serious.

While Justice Canada has issued a clarification, their mistake only highlights the tip of the iceberg when it comes to problems with the recent legal changes brought forward through the adoption of Bill C-46 and its cousin C-45.

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