Quotulatiousness

August 13, 2025

“[A]ll those land acknowledgments weren’t just symbolic: they [were] advance notice”

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

In The Free Press, Rupa Subramanya discusses the — in my opinion, insane — court ruling in British Columbia that invalidated existing land titles in part of the Vancouver area, handing the titles to the properties over to the Cowichan First Nation:

A B.C. Supreme Court judge has granted several First Nations a portion of a 1,846-acre land claim on Lulu Island. B.C. Supreme Court

It turns out that all those land acknowledgments weren’t just symbolic. They may have been advance notice.

When Canada adopted its constitution in 1982, Prime Minister Pierre Trudeau slipped in a ticking time bomb: an explicit recognition of indigenous land rights without constitutional protection for property rights for other Canadians. That constitutional clause has fueled decades of lawsuits from First Nations — Canada’s indigenous people — asserting claims to huge portions of their ancestral territories.

Last Thursday, the British Columbia Supreme Court ruled that the Cowichan Nation holds “Aboriginal title” to about 1,846 acres of land on the south shore of Lulu Island in Richmond, and constitutionally protected rights to fish in the south arm of the Fraser River.

This 275,000-word judgment doesn’t just affect government-owned lands. It also includes private property now owned by third parties. So if you’re a Canadian who is a property owner in British Columbia and not indigenous, your claim on what you think you own has just been superseded by indigenous claims, called a “senior” claim in legalese. Down the road, your land or house could be expropriated by the federal government and turned over to an indigenous group that claims ownership.

That has already happened in Ontario, where three northern Ontario First Nations claimed in a lawsuit last month that a 14-acre public park in Kenora called Anicinabe Park is actually unceded territory and should be returned.

“In constitutional terms, aboriginal rights trump private property rights,” Bruce Pardy, a professor of constitutional law at Queen’s University in Kingston, Ontario, told me. He pointed to last November’s ruling by a New Brunswick judge that the court might be in position to order the government to seize private property and turn it over to an indigenous group making a claim on it.

As Prime Minister Mark Carney tries to fast-track major infrastructure projects — roads, bridges, pipelines, power plants, and more — all part of his plan to boost Canada’s global competitiveness and reduce reliance on the U.S., some of those ambitions might be snarled by indigenous land claims that take years to resolve. The British Columbia case began in 2019 and is considered to be the longest trial in Canadian history.

The day before the Cowichan Nation ruling in British Columbia, a Yukon First Nation announced that it would oppose all new mining claims on its traditional territory while a regional land-use plan is developed. Yukon First Nations leaders said that new claims are “unwelcome” and “unlawful”, and that they plan to challenge the mining industry to protect the land from further industrial activity.

Stefan Labbé in BIV last week:

A B.C. court has handed the Cowichan Tribes and other First Nations title over a chunk of federal and city land in Richmond that for centuries was used as a winter fishing village, before colonial administrators evicted the people who lived there.

The landmark Aug. 7 ruling was handed down after more than 500 days of litigation before the B.C. Supreme Court.

It gives the Cowichan Tribes, the Stz’uminus First Nation, Penelakut Tribe, Halalt First Nation — as well as the Lyackson First Nation in a supporting role — Aboriginal title over the Tribes’ historic Tl’uqtinus village on the southeast side of Lulu Island.

The ruling also gives the First Nations fishing rights at the mouth of the Fraser River.

In a joint statement, the First Nation plaintiffs said: “We raise our hands to the generations of leaders” who fought for the return of the Tl’uqtinus village lands and their fishing rights in the Fraser River.

B.C. Supreme Court Justice Barbara Young suspended her decision for 18 months “to allow for an orderly transition of the lands” in keeping with the principle of reconciliation.

“Now that this multi-year journey has concluded, it is my sincere hope that the parties have the answers they need to return to negotiations and reconcile the outstanding issues,” she wrote.

Jamie Sarkonak in the National Post wrote on Monday:

This case of “land back” in action (Cowichan Tribes v. Canada) casts a shadow over the country’s property system. It jeopardizes the default means of owning land in Canada — the estate in fee simple, where owners have exclusive rights to sell land — wherever Aboriginal title is found to exist.

Aboriginal title is the right of an Indigenous group to use, control and reap benefits from the land. It’s granted to claimant groups that can prove they are descended from the sole occupants of an area at the time the British asserted sovereignty. Unlike regular fee simple ownership, it’s enshrined in Section 35 of the 1982 Constitution and impossible to sell to anyone but the Crown.

The Cowichan claim covered the site of their summer village near the mouth of the Fraser River, where they had established continuous, exclusive seasonal occupancy dating back to European contact in the 1790s.

In 1846, the British Crown asserted sovereignty over that land and the rest of what would become B.C. The following years would see property being surveyed and auctioned off to public and private buyers — but not the Cowichan summer village. Instead, it was set aside in 1860 and continued to be used as a settlement for the group. Colonial officials considered the possibility of making it into a reserve, and took initial steps to do so. After B.C. joined Canada in 1871, however, the summer village was carved into parcels and sold over the years until 1914. Purchasers included private parties (including “well-placed men” in the colony) and even the municipality itself; some of the land purchased privately would eventually be sold back to the Crown. Today, about half of these lots are held by public bodies, with the other half falling under private ownership.

A map shows the Cowichan title lands outlined in black. (B.C. Supreme Court) Photo by B.C. Supreme Court

The question before the B.C. Supreme Court was whether the taking of those village lands was legal to begin with. Justice Barbara Young (a Harper appointee, by the way) concluded it was not.

August 4, 2025

TERF Island

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

At Spiked, Jo Bartosch reviews Fiona McAnena’s TERF Island: How the UK Resisted Trans Ideology:

The truth is, before they are revered, history-makers are almost always reviled. From universal suffrage to the abolition of the slave trade, the freedoms we take for granted today began as the unpopular obsessions of the awkward and bloody-minded. Fiona McAnena’s TERF Island: How the UK Resisted Trans Ideology charts how just such a small group of determined women – mocked, maligned and misrepresented – dragged sex-based rights back from the brink, often at huge personal cost. It’s the story of how they were hated before they became feted.

Part battle manual and part whodunnit, TERF Island is an insider’s chronicle of how a scrappy, unfunded grassroots movement of mostly middle-aged women outmanoeuvred a lobby bankrolled by billionaires and cheered on by multinational corporations and well-intentioned human-resources departments.

I have been involved in the TERF wars for a decade, and I know McAnena herself is no bystander. Formerly a volunteer at Fair Play for Women and now director of campaigns at Sex Matters, she has done her time in the trenches, too. Each chapter is a vivid, accurate and compelling profile of a key figure in the movement, including Transgender Trend’s Stephanie Davies-Arai, Fair Play for Women’s Nicola Williams, Let Women Speak founder Kellie-Jay Keen and Maya Forstater, whose case against her employer established gender-critical beliefs as protected in UK law – all women I’m proud to know.

It’s almost hard to remember how recently it was considered heresy to say, to use the words popularised by Keen, that “a woman is an adult human female”. In April, the Supreme Court confirmed this truth in law. The BBC may still choke on it, but the legal precedent stands. Yet only a few years ago, saying this out loud could land you in a police station, on the dole queue or even in hospital.

McAnena captures the febrile atmosphere of those early days, when stating a biological fact was enough to have you smeared as a fascist. She takes us inside the campaigns that exposed the lunacy of housing violent male offenders in women’s prisons, the cruelty of sterilising confused children and the institutional capture of sporting organisations. Now, a decade after Davies-Arai launched Transgender Trend, barely a week passes without a professional body or council quietly reversing a discriminatory “trans inclusive” policy. That didn’t happen by accident.

What makes TERF Island so readable is that it doesn’t just document the headline moments. McAnena records the unglamorous grind: women lobbying MPs, poring over policy documents and calmly dismantling pseudoscience from stalls in the high streets of British towns. As McAnena puts it, the campaign against gender self-identification, which galvanised the resistance, brought “hundreds of women on to the streets and thousands more online to defend their sex-based rights”. “It was the catalyst for greater awareness, resistance and campaigning for the rights of women and children in the face of the demands of transgender ideology.”

July 25, 2025

QotD: Evolved threat display mechanisms

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

Every single bird and mammal I can think of, even some reptiles and fish, will exhibit something that ethologists call “threat display” whenever it feels menaced. Dogs and cats, horses and cattle, geese and pigs all engage in what amounts to a form of violence reducing behavior, growling, snarling, puffing up with poison spines, spitting, and assuming various combative postures that tell an enemy, a rival, or a predator, “Better back off, or you’re gonna get hurt”. I even had a cuddly big pet rabbit once, who would snort, bare his teeth, and charge you with his big front claws if he didn’t like the cut of your jib.

Animals, especially predators, are all pretty good at risk assessment. I’m absolutely certain, as an enthusiastic student of evolution, that dinosaurs had different kinds of threat display mechanisms, too. Maybe even trilobites. They do their thing and they stay alive.

On the other hand, just suppose you’re walking down a badly-lit sidewalk in any town or city in this or practically any other country, when you’re suddenly approached by half a dozen tough-looking young punks. They could be a murderous gang of thugs out to “make their bones” or just the local hockey team. But if you pull out your 6 1/2 inch nickel-plated Smith & Wesson Model 29 .44 Magnum, and simply hold it down beside your leg, you could be arrested for “brandishing” and your attractive, shiny, valuable weapon stolen from you by sticky-fingered cops.

When it comes to threat display — which could save your life as well as the lives of those who make you feel uneasy — you don’t have the rights of a lowly blow-fish. The insanity of ignorant government pencil-necks forbidding four billion year old violence-reducing behavior cannot be overstated.

L. Neil Smith, “Maybe Even Trilobites”, Libertarian Enterprise, 2018-10-14.

July 24, 2025

When tolerance becomes a fatal flaw

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

At The Crescent and the Guillotine, Paul Friesen explains why too much tolerance leads to the eventual collapse of social order and perhaps even the culture itself:

It is difficult to know what people are thinking when they endorse the importation of people who want to kill them for their lifestyle choices.

It was Karl Popper who warned that a tolerant society must be intolerant of intolerance, or it would cease to be tolerant at all.1 A delicious paradox, too often quoted and too rarely heeded. For we have taken the first half of the dictum — the imperative to tolerate — and chiseled it into law, into policy, into university mission statements and NGO pamphlets. But the second half — the requirement to draw a line, to say “no further” — has been treated like garlic in a vampire movie: an antique, anathema, unfashionable.

And so, the paradox has become pathology.

Our courts allow sharia arbitration councils to function in British cities, adjudicating matters of family and inheritance with standards that would make a 12th-century canon lawyer flinch. Our schools include faith-based curricula that require hijabs for seven-year-olds and teach that homosexuality is satanic filth. Our public broadcasters will air a documentary about the importance of free speech, followed immediately by a segment about why cartoons of Muhammad are “unhelpful”.

This is not multiculturalism. It is masochism. It is the belief that liberalism must be so open-minded that its own brains are spilled onto the prayer mat. It is the fetishization of identity at the expense of liberty. It is the ideological pacifism of a society too terrified to assert its own values, lest it be accused of “racism” by those who mistake ideology for ethnicity.

We have enshrined the rights of the theocrat while criminalizing the instincts of the secularist. The result is not harmony — it is humiliation.

[…]

The West’s greatest achievement is not democracy, nor capitalism, nor even the separation of powers. It is the separation of truth from tribalism — the idea that individuals are not to be judged by their creeds, but by their conduct. That women are not property. That speech is not violence. That blasphemy is a right, not a crime.

These are not Western values. They are universal values, discovered in the West by accident of history and preserved through blood, rebellion, and satire. They are the principles that allowed Jews, heretics, atheists, and apostates to live not just safely, but freely. And they are now under threat — from within.

The real problem is not Islam. It is the Western inability to demand anything of those who import their gods and their grievances into liberal society. We treat every imported superstition as sacrosanct and every local tradition as suspect. We require ex-Muslims to whisper their fears while we amplify the complaints of veiled Islamists who denounce our culture from our own podiums.

We are not being pluralistic. We are being duped.

And the cost of this self-deception is measured not just in freedoms surrendered, but in lives lost.

Lives like that of Yameen Rasheed, the secular Maldivian blogger who thought he could use satire to push back against theocracy — stabbed to death in his own hallway. Lives like that of Farkhunda Malikzada, beaten and burned in the streets of Kabul by a mob of men — because someone thought she burned a Qur’an. Lives like that of Samuel Paty, beheaded outside a French school by a refugee he welcomed — because he dared to show a cartoon in a civics class.

These are not random tragedies. They are the predictable outcomes of an ideological toxin given immunity in the bloodstream of liberal society.

What do all these victims have in common? They did not die at the hands of misunderstood minorities or “oppressed voices” who simply needed better integration programs. They died at the hands of men who were indoctrinated — sometimes abroad, often at home — with the idea that God’s honor is more valuable than human life, and that dissent is not to be debated but extinguished.

And more damning still: they died in environments that should have protected them. Environments that instead prioritized sensitivity over security, dialogue over clarity, understanding over justice. Environments where the ever-watchful eye of diversity officers and DEI consultants was trained, not on the assailants, but on the tone of the victims.

We have created a culture where courage is pathologized, clarity is punished, and moral equivalence is the new orthodoxy. When Islamist mobs swarm the streets chanting slogans that would make the Inquisition blush, we are told to “listen to their anger”. When feminists protest the veiling of children, they are told to “respect cultural differences”. When Jews complain about chants of “From the River to the Sea”, they are informed that they are “overreacting”, “weaponizing trauma”, or — most insultingly of all — “confusing Zionism with antisemitism”.

This is not inclusivity. It is assisted suicide.

    1. I refer here to Karl Popper’s 1945 work The Open Society and Its Enemies, specifically in Volume 1: The Spell of Plato, Note 4 to Chapter 7. Here’s the relevant passage, paraphrased for clarity:

    “Unlimited tolerance must lead to the disappearance of tolerance. If we extend unlimited tolerance even to those who are intolerant … then the tolerant will be destroyed, and tolerance with them.”

    Popper argues that a tolerant society has the right — not to suppress opinions — but to defend itself against those who would destroy tolerance itself, especially if such groups refuse to engage in rational discourse and instead promote violence or coercion. It’s often called “the paradox of tolerance“.

June 10, 2025

QotD: From Witan to Magna Carta

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

About 1,500 years ago, in Saxon England, the nobles of the realm, the bishops, abbots (and abbesses) and the ealdormen and thegns and others would gather, fairly regularly, in an assembly to advise and, sometimes, to constrain the king. In a very typically English manner, they hit upon the notion that the kings were not, generally, wicked or stupid, but they did too many dumb things just because they could. The reason that kings could, too often, do whatever they wanted was simple: they had an almost unlimited power to levy taxes.

After a few hundred years of trial and error, and given a king who really was wicked and stupid, too, they, the barons as they were then known, went to war with their king and bent him to their will by forcing him to agree to a great charter of their rights. There was a bit of ringing language about no free man being taken except after a trial by a jury of his peers, but, basically, in very typically English fashion, the rights about which the great charter was most concerned were property rights because the barons had learned, over the centuries that only by controlling the pursestrings could they really control the king.

A few hundred years later, one of liberalism’s and democracy’s greatest voices told us that we have three absolutely fundamental, natural rights: to life, to liberty and to property. These rights were not and still are not unlimited. There were and are ways to lawfully and properly deprive a person of his property and his liberty and, in some countries, even his life.

A few centuries after John Locke another philosopher wanted to do away with the right to property: “From each according to his ability, to each according to his need”, Karl Marx wrote, and many, far too many, believed. The only real problem with Marx’s notion is that it requires that humans are perfect … and most of us know how rare that is. Here in Canada, especially since the early years of the 20th century, we have had far too much Marx and far too little Locke.

Ted Campbell, “Democracy is in peril”, Ted Campbell’s Point of View, 2020-06-12.

June 5, 2025

German judges seem to be dedicated to ensuring that the government never changes policy, regardless of voter preference

Filed under: Germany, Government, Law, Media, Politics — Tags: , , , , , , — Nicholas @ 05:00

The times I despair of the pathetic Canadian government, I look to Germany where eugyppius helpfully explains that German judges are even more dedicated to thwarting the will of the voters than Canadian judges are (and that’s a major achievement):

“German flag” by fdecomite is licensed under CC BY 2.0 .

At the start of May, CSU Interior Minister Alexander Dobrindt effectively abolished asylum as a path into Germany, empowering federal police to push back all illegal migrants at our national borders.

There ensued a period of messaging chaos, in which Chancellor Friedrich Merz assured our neighbours and the EU that nothing much was happening, while Dobrindt quietly insisted that yes, indeed, he was serious. He gave police orders to step up border checks and to send back all illegal migrants regardless of asylum claims – save for pregnant women, the underage and the sick.

These new borders policies have yet to exercise any significant influence on asylum statistics. It is relatively easy to cross into Germany despite the police spot checks, and we don’t yet know how many asylees are managing to evade them.

The deeper legal issues are much more significant right now. We want to know whether Dobrindt’s intervention is workable in theory, and whether our judges will swallow it. Unfortunately, he is already under siege from asylum advocates on the left and the broader migration industry, who have set and sprung a very telling trap, with the aim of getting courts to overturn even these preliminary and quite meagre interventions.

To understand the issues here, we need a brief legal primer: According to German law (the so-called Asylgesetz), foreigners who enter Germany from “secure” states do not get to claim asylum. They are to be sent straight back to wherever it is they came from. Because Germany is surrounded entirely by secure states, that should really be the end of this insane problem. Alas, this sensible law has been superseded since 1997 first by the Dublin Convention, and later by the Dublin II and now the Dublin III Regulation. The latter forbids the Federal Republic from using her own laws, holding that foreigners entering Germany from secure third states must be welcomed pending a procedure to establish which EU member state is actually responsible for them. Effectively, this means that almost all of these aspiring asylees remain in Germany indefinitely, because deporting people who do not belong here is beyond the meagre capacities of our enormous bureaucracy.

Dobrindt sought to get around Dublin by appealing to Article 72 of the Treaty on the Functioning of the European Union (TFEU), which allows member states to set aside EU regulations when this is necessary to maintain order and security.

Many have eyed this Article 72 strategy for a long time, but nothing is easy, particularly not in countries unduly enamoured of “the rule of law”, which is a lofty euphemism for “the rule of obscure crazy people in robes for whom nobody ever voted and who enjoy lifetime appointments”. These days the government cannot do anything at all except what it was already doing (and sometimes not even that), or unless it is obviously stupid, expensive and inadvisable, because lurking around every corner is a clinically insane judge eager to explain why sensible things are not allowed. In recent years, our extremely learned and far-sighed judiciary has explained why combating climate change is anchored in the German constitution and why basically everybody is entitled to exorbitant social welfare. All that remains for them is to explain why everybody on earth is also entitled to live in Germany and draw benefits from the state, and they will have completed their suicidal triad.

On Monday, 2 June, the Berlin Administrative Court struck the first blow in this direction. Effectively, they called the whole basis for Dobrindt’s new border policy into question, issuing what amounts to a preliminary injunction in the case of three Somalis (two men and one woman) who had crossed from Poland into Germany on 9 May. Federal police intercepted the trio at the train station in Frankfurt an der Oder; they claimed asylum and the police, in line with Dobrindt’s order, sent them back to Poland anyway. Lawyers from the advocacy organisation Pro Asyl then helped them bring suit in Berlin, and the court intervened in their favour. They get to be professional asylees in Germany now.

June 4, 2025

Arch-statist Mark Carney believes that Canadians “must earn their freedom everyday”

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

At The Intrepid Viking, Roxanne Halverson examines what Prime Minister Mark Carney means when he tosses off comments like “Freedom is something you earn everyday”:

CBC’s David Cochrane interviewing Prime Minister Mark Carney in Ottawa.

It is surprising and disconcerting that so few pundits, commentators or even members of the Conservative Party, and for that matter are, not taking issue with a recent statement from our new Prime Minister in which he asserted, when talking about Canadians, that, “Freedom is something you earn everyday“.

Has anyone asked Mark Carney, this globalist World Economic Forum (WEF) acolyte, who is now Canada’s Prime Minister, what he meant when he made that statement? He made it during an interview with David Cochrane on CBC’s Power and Politics following on King Charles delivering the throne speech. He made the statement while talking about the great “crisis” Canada is and how his government has to get moving on major projects and our economy and solving the housing calamity. Of course he forget to mention that these problems are due to the policies of the previous Liberal government, for whom he was the financial advisor. He also does not explain that why, in the middle of such a crisis, his government has decided to take the summer off and not release of budget of any type, any time soon, but that’s another story.

Now, back to his claim that Canadians “must earn their freedom everyday”. Of course, Cochrane, being one of Carney’s main fanboys at CBC, didn’t probe any deeper to ask him what he meant by that statement. But it is a strange statement coming from the Prime Minister of a country where its constitution essentially says that individual freedom is a God given right. And given that Carney, with his recent visit to Rome to see the new pope, has made it clear that he is a devout practising Catholic, his belief in the Almighty is obviously not an issue. So again, what did he mean by that remark? Strange again, because just six weeks ago, before he was the Prime Minister, Carney posted the following statement on X.

    The Charter of Rights and Freedoms is the embodiment of our principles and our aspirations as Canadians. It must be protected — not wielded for political gain. Forty-three years on, the Charter remains strong — and it’s on all of us to defend it.

This apparently was in response to Conservative Leader Pierre Poilievre’s assertion that he would use the notwithstanding clause to override a judicial ruling against imposing consecutive life sentences on murderers, rather than concurrent sentences.

So given that, it would seem that Mr. Carney believes our rights regarding freedom are enshrined in the Charter. Carney, in his interview with Cochrane also maintained that Canada was still “the true north strong and free”. So then which is it when it comes to freedom from his perspective? Is it enshrined in the Charter, are we the true north “strong and free”, or must freedom be earned, and in what way?

June 3, 2025

QotD: Heinlein’s opinions on the right to bear arms

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

Robert Heinlein was a complex man whose views evolved greatly over time. The Heinlein of 1942, who put into the mouth of one of his characters the line “Naturally food is free! What kind of people do you take us for?” was only five years on from having been enchanted by social credit theory, which underpins his “lost” novel For Us, The Living; in later years he was so embarrassed by this enthusiasm that he allowed that manuscript to molder in a drawer somewhere, and it was only published after his death.

Between 1942 and 1966 Heinlein’s politics evolved from New Deal left-liberalism towards what after 1971 would come to be called libertarianism. But that way of putting it is actually misleading, because Heinlein did not merely approach libertarianism, he played a significant part in defining it. His 1966 novel The Moon Is A Harsh Mistress was formative of the movement, with the “rational anarchist” Bernardo de la Paz becoming a role model for later libertarians. By 1978, we have direct evidence (from an interview in Samuel Edward Konkin’s New Libertarian magazine, among other sources) that Heinlein self-identified as a libertarian and regretted his earlier statism.

But if Heinlein’s overall politics changed considerably and wandered down some odd byways during his lifetime, his uncompromising support of civilian firearms rights was a constant on display throughout his life. Brin observes that was already true in 1942, but attempts to attribute this position to John W. Campbell. Multiple lines of evidence refute this claim.

[…]

Heinlein, on the other hand, was a vocal and consistent advocate of civilian weapons ownership both during and after his association with Campbell. This is perhaps clearest in his 1949 novel Red Planet, written after their parting of the ways. In that novel, the bearing of personal weapons is explicitly connected to the assumption of adult responsibilities.

Red Planet is also interesting because, although we might consider the views of Heinlein’s characters an unreliable guide to Heinlein’s own, Heinlein’s letters about the novel reveal much more. His editor at Scribner attempted to delete the section of argument in which weapons-bearing is connected to adult responsibility; Heinlein rejected this, objecting that it eviscerated the book’s ethical core and making very clear that the views of the pro-gun mentor figures in the novel were his own.

Heinlein was to reiterate similar views not only in his later fiction but in the posthumous nonfiction collection Grumbles From The Grave – by which time they were no surprise to any Heinlein fan. And it would be difficult to overstate the influence they had on firearms-rights activists during the dark years between the Gun Control Act of 1968 and our vindication in the 2008 District of Columbia v. Heller ruling.

Heinlein’s gift to firearms-rights activism during that bleak four decades was to be able to draw on the principled case for civilian firearms going back to the framers of the U.S. Constitution and English Republican sources and restate it in language appealing to the brightest children of post-WWII America. But he did more than that, because in Red Planet and elsewhere firearms rights were presented as an inextricable part of a philosophical whole, with the personal firearm both as instrument and defining symbol of personal liberty and responsibility.

Eric S. Raymond, “Brin on Heinlein on guns is dead wrong”, Armed and Dangerous, 2011-07-18.

May 7, 2025

Ontario versus the courts

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

In general terms, you would expect the government — in this case the Ontario provincial government — to pass the laws and the courts — when called upon — to rule on their legality. We don’t expect courts to act as if they can overrule legislation passed by the government unless it clearly contravenes the Charter or goes beyond the powers assigned to that level of government. But Canadian courts seem to be choosing to expand their powers to curtail the actions of elected government more and more these days:

Bike lanes on Yonge Street north of Bloor Street in downtown Toronto.
Image from Google Street View

In the weeks of the election period, Canadian courts were busy preventing any legislation of controversy from taking effect — and they went relatively unnoticed. On March 28, the Ontario Superior Court of Justice blocked the Ontario government from banning supervised consumption sites near schools and daycares. It struck again on April 22, halting the Ontario government from removing Toronto’s bike lanes.

Days later, on April 24, the Quebec Superior Court cancelled the province’s planned mega-tuition hike for out-of-province students.

In the case of Toronto’s major bike lanes — on Bloor Street, Yonge Street and University Avenue — Ontario Premier Doug Ford had, in theory, all the power he needed to remove them. Municipalities are creatures of the province, and traffic regulation is also a provincial domain; thus, provincial legislatures can override just about anything that a city council does, especially if related to roads. So, in November, Ford legislated the removal of the lanes, which were previously constructed by city authorities (he was later re-elected premier, so clearly bike lane preservation wasn’t a priority for voters).

In December, cycling advocates launched a court challenge that, really, should have been laughed out of the room. They argued that the removal of bike lanes amounted to a violation of their Charter rights, specifically the Section 7 catch-all right to life, liberty and security.

It remains to be seen whether there is a Charter right that guarantees two per cent of the population the right to have specialty lanes built for their commuting pleasure — the trial process is still underway. In the meantime, Ontario’s Judge Paul Schabas, a Liberal appointee, has granted the cycling advocates an injunction to keep the lanes in place, because allowing their dismantling to go forward would impose an injunction-worthy risk of “irreparable harm” to Toronto’s cyclists.

“There is no evidence that the government has engaged in any planning as to how the bike lanes will be removed or what will replace them,” Schabas wrote in the decision. “The demolition and reconstruction will create its own impacts on traffic — both for cyclists and motor vehicles — and will likely result in considerable disturbance and congestion while that is taking place. Cyclists who continue to use these routes will be at risk of irreparable physical harm for which … the government will not provide any compensation in damages.”

And, just like that, a judge overruled a decision of the elected legislature, opting instead to take, temporarily, the zero-risk-tolerance advice of unelected government consultants. It’s at least good that Ford is appealing Schabas’ decision.

April 17, 2025

The Declaration to Save Us All – W2W 21 – 1948 Q2

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

TimeGhost History
Published 16 Apr 2025

The world has seen unspeakable horror and senseless death in excess over the past half-century. Now, the failures of the past give way to a hopeful declaration on the rights of humankind in the future, to ensure that these mistakes never repeat themselves. However, in a world as tumultuous as ours, how much power can such a declaration really have?
(more…)

April 16, 2025

Food in the Japanese-American Internment Camps of World War 2

Filed under: Food, History, Japan, USA, WW2 — Tags: , , , , , — Nicholas @ 02:00

Tasting History with Max Miller
Published 3 Dec 2024

Tuna noodle casserole made with spaghetti, and rice with canned apricots for dessert

City/Region: Topaz War Relocation Center, Utah
Time Period: 1943

In 1942, anyone of Japanese ancestry in the United States was forcibly sent to live in incarceration camps. Food was often in the form of leftover military rations that was augmented by crops grown by the people living in the camps, but there were also canteens that sold food and sundries. These items were great luxuries as the Japanese Americans living in the camps made only about 1/5 of a typical wage and included things like Ovaltine, apple juice, and canned tuna.

This recipe, from a newspaper printed in the Topaz War Relocation Center, makes a tasty, if basic, tuna noodle casserole. I would add more of the paprika, or really some more spices in general, but I really like the lightly crunchy texture of the bread crumbs and the celery.

If you’d like to serve this forth with dessert, as I did, then you simply need some cooked white rice and some canned apricots with syrup.
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March 4, 2025

Canada’s nasty authoritarian streak shows up in the “deprive Musk of his citizenship” online mob

Filed under: Cancon, Government, Media, Politics, USA — Tags: , , , — Nicholas @ 05:00

In The Line, Leonid Sirota explains why we can’t just arbitrarily deprive a Canadian of his citizenship rights just because Charlie Angus has riled up a social media mob to demand it:

Elon Musk wrapped in the Canadian flag – created with Grok.

One other incontrovertible fact about Mr. Musk is that he is a Canadian citizen. His mother was born in Canada — which made her a citizen — as are her children, even though they were born abroad.

A large number of Mr. Musk’s and my fellow Canadians find the coexistence of these facts to be obnoxious. Whether out of anger or embarrassment, they are lining up to sign a petition to Parliament to demand that he be deprived of his Canadian citizenship. As of this writing, the petition has been signed by about 300,000 people. (In theory, these are Canadian citizens or residents, though on the Internet, nobody knows you didn’t actually watch the McDavid goal 97 times on loop.) At least one member of Parliament, the NDP’s Charlie Angus, is supportive.

This is appalling. The reasons given for depriving Mr. Musk of his Canadian citizenship are fundamentally authoritarian, as is the contempt for both the substantive and the procedural legal requirements involved in deprivation of citizenship that the petition manifests. That a member of Parliament is supporting this abomination is especially disturbing (and one reason this whole mess is worth caring about).

To start with the substantive point, the idea that a Canadian could be deprived of his citizenship for political reasons ought to be beyond the pale of polite discussion. It is the sort of thing the Soviets did to Mstislav Rostropovich, Aleksandr Solzhenitsyn, and others. Is Mr. Musk a Solzhenitsyn? Well, no. But so what? The principles at stake here are universal. They do not depend on whether one is a martyr or a millionaire, a genius or a jerk. (Solzhenitsyn, at any rate, was both jerk and genius. So is Mr. Musk. Not that it matters.)

More to the point, do you want the Canadian government to have the power to deprive people of their citizenship for their political beliefs, statements, or activities? If you are okay with a government led by a Justin Trudeau or a Mark Carney having this power, do you agree that one led by Pierre Poilievre should? (Or, of course, vice versa.)

And yes, no matter how patriotic and indignant the people who sign the petition, or support it, may feel, the demand to take away Mr. Musk’s citizenship is political. The first recital of the petition accuses him of having “engaged in activities that go against the national interest of Canada”. I think the accusation is well-founded. But it is a political accusation: the national interest is a political concept. The petition then claims Mr. Musk “has used his wealth and power to influence our elections”. If he has, that is political action that Canadian citizens are entitled to take, subject to applicable laws, which the petition isn’t even alleging Mr. Musk broke. Finally, the petition claims that Mr. Musk “has now become a member of a foreign government that is attempting to erase Canadian sovereignty”. Stipulated. But the actions of this foreign government, no matter how dishonourable, distasteful, and dangerous for Canada, have so far stayed within the realm of politics.

February 27, 2025

1946’s Biggest Lie: How the World Misread “Universal Human Rights”

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

TimeGhost History
Published 26 Feb 2025

In 1946, liberal democracy has outlasted fascism but faces fresh challenges from communism — and from within its own ranks. Thinkers like Karl Popper and Hannah Arendt question the foundations of natural rights, free speech, and the reach of government. As the UN debates universal human rights and colonies demand equality, a new liberalism emerges. Will it fulfill its ideals or crumble under the weight of global upheaval?
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February 10, 2025

Everyday Life in the Roman Empire – The Position of Women

Filed under: Europe, History — Tags: , , , , — Nicholas @ 02:00

seangabb
Published 11 Sept 2024

Part five in a series on Everyday Life in the Roman Empire, this lecture discusses the position of women during the Imperial period. Here is what it covers:

Introduction – 00:00:00
Limited Rights for the Lower Classes (95 per cent) – 00:02:02
Rome: The Patria Potestas – 00:07:02
Rome: Marriage – 00:13:05
Rome: Education of Girls – 00:18:40
Rome: Woman and Business – 00:22:11
Rome: Women and Politics – 00:30:07
Rome: Women Gladiators? – 00:33:30
The Empresses – 00:35:20
Agrippina the Younger – 00:39:36
Women: Rome and Athens Compared – 00:41:38
Evidence from Egypt – 00:46:22
Women Priests and Bishops in the Early Church? – 00:53:43
Women in Britain – 01:02:00
Bibliography – 01:05:20
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February 8, 2025

QotD: American gun rights

Filed under: Government, Liberty, Media, Politics, Quotations, USA, Weapons — Tags: , , , , , — Nicholas @ 01:00

I was asked last night why, when I talk about politics, I focus on gun rights so much. Surely, said querent, there are lots of other important things for a libertarian like you to weigh in on. Censorship. DEI. AGW hysteria. The list goes on …

Fair question. It’s because many years ago L. Neil Smith, a libertarian SF writer sadly no longer with us, persuaded me of something important.

A politician’s attitude about firearms rights is a very reliable index for his actual attitude about individual freedom and agency.

Never mind what they say about other issues. A politician standing up for the right of ordinary citizens to be armed is sending a very reliable signal that he values their ability to assert their freedom, and trusts them to generally make correct choices about the use of violence even it might be directed against himself.

Conversely, a politician who is against gun rights is telling on himself. He fears the wrath of the people and wants them disempowered. He does not trust them to employ violence only when necessary.

And that’s actually the best case. In far too many cases, anti-gun politicians clearly dream of being the jackboot that stomps on human faces forever, and view the disarmament of the general population as a step towards that end.

If I must have politicians meddling in my affairs, I demand at the very least that they respect my freedom and my agency. That’s why I demand that they respect my right to keep and bear arms.

Gun rights may look like a narrow single issue. It isn’t. It’s an even better index of a politician’s attitude about liberty than questions about free speech and censorship, because it pushes the stakes higher. Because words can’t kill you, but arms wielded by enraged citizens can.

No matter what soothing words drop from his lips, no matter what promises he makes, the politician who tries to disarm you is always, always, always your enemy. Never forget that.

ESR, Twitter, 2024-11-06.

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