Quotulatiousness

December 12, 2025

British Columbia’s embrace of UNDRIP entails vast unintended consequences

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

The government of British Columbia may have downplayed or even deliberately lied about the impact of incorporating the United Nations Declaration on the Rights of Indigenous People (UNDRIP) into BC’s legal system, but I suspect even they are suddenly realizing just what a legal disaster they have unleashed on their province (and indirectly, on the rest of Canada):

A map showing the Cowichan title lands outlined in black. These lands were declared subject to Aboriginal title by the BC Supreme Court earlier this year, in accordance with the UNDRIP provisions added to BC law in 2019.

When the B.C. NDP introduced a 2019 act committing the province to the United Nations Declaration on the Rights of Indigenous People (UNDRIP), they very specifically assured critics that it would not be a “veto” over existing laws.

“The UN declaration does not contain the word veto, nor does the legislation contemplate or create a veto”, Scott Fraser, the province’s then Indigenous relations minister, told the B.C. Legislative Assembly.

Fraser explained that it was not “bestowing any new laws”, it would not “create any new rights” and it certainly wouldn’t make B.C. subservient to a UN declaration.

Fraser would even explicitly assure British Columbians that there was no conceivable future in which, say, a private landowner could suddenly see their property declared Aboriginal land.

“We are not creating a bill here that is designed to have our laws struck down,” he said.

That it only took six years for all of these scenarios to take place may explain why there is so much panic in B.C. right now.

The newly appointed head of the B.C. Conservative Party is calling for an emergency Christmas session of the legislature to excise UNDRIP from provincial law, saying it has become an anti-democratic tool.

Even B.C. Premier David Eby — a onetime champion of the legislation — has said that “clearly, amendments are needed”.

And British Columbians, whose support for the UN law was already not great, are growing restless. According to an Angus Reid Institute poll released on Wednesday, Eby ranks as one of the least popular provincial leaders in the country.

What changed was a Dec. 5 B.C. Appeals Court ruling that not only struck down a B.C. law (the Mineral Tenure Act) on the grounds that it violated UNDRIP, but effectively ruled that any law or government action could similarly be overturned if it wasn’t in line with the 32-page UN declaration.

By writing UNDRIP into B.C. law, the province had adopted the Declaration as “the interpretive lens through which B.C. laws must be viewed and the minimum standards against which they should be measured”, read the majority decision.

Although UNDRIP is mostly filled with uncontroversial declarations about languages and traditional medicine, its clauses are pretty uncompromising when it comes to issues of land use or resource development.

“Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired”, reads a subsection of Article 26. It also states that Indigenous peoples “own, use, develop and control” any land that they’ve held traditionally.

Eby is saying that the courts took it too far, and that writing UNDRIP into B.C. law was only ever meant as a holistic decision-making guide, rather than a law superceding all others.

As Eby told reporters this week, by signing onto UNDRIP, B.C. wasn’t intending to put courts “in the driver’s seat”.

October 21, 2025

The threat to legal title to land across Canada

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

I’d warned years ago that the performative “land acknowledgements” that so many Canadian organizations started using at the beginning of events and gatherings at least a decade back were a bad idea, because they were almost always historically misleading and might be used in future lawfare. Well, the future is here, and the precedent has been set in British Columbia with a court ruling that aboriginal land claims from a BC First Nation has more standing in court than the legal titles held by the current owners. On his Substack, Brian Lilley discusses the issue:

The City of Richmond, British Columbia is warning homeowners their title to their homes may be at risk. It all dates back to an August ruling from the B.C. Supreme Court called Cowichan Tribes that said Crown and private title in a 7 1/2 square kilometre area of Richmond was “defective and invalid.”

While some at the time said that the ruling would not impact homeowners, the legal department for the City of Richmond clearly thinks differently.

“The court has declared Aboriginal title to your property which may compromise the status and validity of your ownership – this was mandated without any prior notice to the landowners,” a letter sent to homeowners in the area impacted reads.

The letter was sent by Mayor Malcolm Brodie and tells residents the city will be appealing and holding public consultations. It’s not just the City of Richmond appealing this ruling it’s also the province and the Musqueam Indian Band.

You can read more from our friends over at Juno News.

The entire ruling from the B.C. Supreme Court is confusing, as is the jurisprudence set out by the Supreme Court on the issue of Aboriginal title dating back to one of those decisions in 2014. Thankfully Professor Dwight Newman, the Canada Research Chair in Rights, Communities and Constitutional Law at the University of Saskatchewan, has laid out an explainer of what happened in the Cowichan case, the 2014 Supreme Court case and what needs to be done going forward.

Give it a read.

Last week, Kim du Toit responded to an Australian land acknowledgement on a recent TV show:

The history of this entire world is a story of migration, settlement, wars over territory and Tribe A taking land from Tribe B — bloody hell, they’re still fighting the same wars in the Balkans — but it’s only recently that the arguments over who owns what have become a third-party issue rather than something that the involved parties settle between themselves. Or, to put it in a more scholarly fashion:

    Every person alive on this planet today has ancestors who were displaced by force somewhere in their lineage. Every person alive on this planet today has ancestors who displaced other people by force somewhere in their lineage. It’s an inevitable fact of human history. American natives fought with each other over land and resources, and some tribes, like the Dakota (Sioux), were notorious for attacking their neighbors. Europe’s history is rife with such, from the Vikings to the Norman invasion of Britain. In fact, few if any of the people of Europe today are the original inhabitants of the land they reside on now; the one exception may be the Basque of the Pyrenees Mountains, but even they, at some point, came there from somewhere else. The French people we know now derive their name from the Franks, a Germanic tribe, and as for the British Isles, that motley group of islands has seen so many invasions, from Picts to Celts to Romans, Saxons, Anglians, Jutes, and Normans, that it would be difficult to keep track as they go by.

Here’s the simple response to all the handwringing and aggrievement over the “stolen land” claims: get over it, because you’re never going to get it back. End of story.

And to a lesser extent, the same is true of “cultural appropriation”: where White kids are somehow forbidden to wear their hair in those disgusting dreadlocks because Africans somehow have “ownership” of a hairstyle. What bullshit. It’s like saying that Black people can’t drink Scotch whisky because whisky is traditionally a product of the northern provinces of (lily-white) Britain, or that the Irish can’t eat chips because potatoes originally came from America.

Everyone borrows cultural artifacts and customs from everyone else. That’s been the habit of mankind for millennia, and no cries of outrage can overturn it.

When it comes to land, the stronger group has taken it from its “original” (and sometimes not-so original) weaker inhabitants. That this activity has become somewhat less egregious and bloody in recent times does not gainsay its basic premise — and where it has become more bloody, the weaker continue to learn its hard history — as the “Palestinians” are (re-)learning in their efforts to eradicate the state of Israel. (They’re unlikely ever to give up, which simply means that Israel will be forced to teach them the same lesson again and again, ad infinitum. As I’ve said many times before, the Arabs are lucky that the Jews have an inexplicable aversion to genocide, or else “from the river to the sea” could easily have changed to “from the Golan to the Suez”. Vae victis — a Latin expression — has particular currency here.)

So enough with the kowtowing (a Chinese expression) to the Perpetually Aggrieved. Fuck off, all of you, and make the best of what you’ve got. Heaven knows, most of what you can achieve comes courtesy of Western civilization.

You’re welcome.

October 1, 2025

“Sean Fraser, the current minister of justice and attorney general, has made two major mistakes of late”

If you’re at all interested in Canadian affairs, you should subscribe to The Line … even a free subscription will definitely provide you with some excellent non-propagandistic coverage of what is happening in the dysfunctional dominion. For instance, last weekend’s weekly post from the editors included this segment about Sean Fraser, who is perhaps the worst of Mark Carney’s cabinet (and that takes some doing):

Sean Fraser, as Minister of Immigration, Refugees & Citizenship, during day one of Collision 2023 at Enercare Centre in Toronto, Canada.
Photo by Vaughn Ridley via Wikimedia Commons

We at The Line contend that Sean Fraser, the current minister of justice and attorney general, has made two major mistakes of late.

The first was in deciding not to rescind his decision to spend more time with his friends and family when it became clear that Justin Trudeau was no longer an anchor on his electoral chances. After failing to fix Canada’s housing problem and proving himself integral to blowing apart a pan-partisan consensus on immigration that was once the envy of the world, the man had a real opportunity to leave office on a high note. But, no.

Instead, after hitching his bloated baggage to Mark Carney’s trunk, Fraser decided that Canada needed more of him.

And so, as justice minister, instead of addressing petty stuff like, oh, bail reform, or fixing prisons, or getting crime under control, he turned his attention to … Section 33 of the Charter of Rights and Freedoms. The notwithstanding clause.

You may recall that Quebec’s contentious Bill 21 — which prohibits public-service employees in positions of authority, and teachers, from wearing religious symbols while on the job — is currently before the Supreme Court of Canada. Despite numerous mixed rulings on the law, Quebec moved forward with its stance on secularism by invoking Section 33, which allows parliaments to temporarily override judicial rulings.

Section 33 was placed in the Charter for precisely this kind of situation; one in which the courts and parliament disagree about governance. As we still live in a democracy, and are still nominally governed by representatives we elect, the clause was always a bit of a compromise gesture intended to preserve parliamentary supremacy after granting the courts broad powers to basically reinterpret law according to an expansive and ever-expanding understanding of both their jurisdiction, and of the concept of “rights” writ large.

Section 33, nonetheless, has maintained a heavy odour about it, which has generally limited its application, especially outside Quebec. Among the Sean Fraser set, and the largely Liberal collection of lawyers who will insist that the Supreme Court isn’t remotely political, and how dare we entertain the thought, Section 33 was only ever intended as a symbolic right.

But as the definitely-not-political Supreme Court has edged ever deeper into the territory of override and governance, so too have provincial parliaments responded with a very not-symbolic application of the clause.

We do think there’s some blame to be placed at everyone’s door, here. But we also never really took much issue with Section 33. That’s because, at heart, we at The Line believe in, well, democracy. We believe that the people we elect should be able to decide our laws; and we believe that while the Supreme Court of Canada serves as an important check on Parliamentary power, that power doesn’t and should never override the will of the people.

And that’s basically where we part ways with Fraser and many of his — dare we say it? — Laurentian Consensus ilk. Because the unstated critique of the use of Section 33 is basically always the same: these people dislike the application of the clause because they think politics is icky, and that politicians fundamentally cannot be trusted.

In other words, these people don’t actually want a democracy.

They want a technocracy. One in which the smartest and ablest individuals (as defined by them, of course) are the ones who actually get to set the rules and guardrails for society writ large. One in which parliament really is as theatrical, symbolic and pointless as it often regards itself.

There’s an obvious illogical inconsistency here — Fraser and his colleagues are politicians. We aren’t sure if this desire to go out and limit the ability of he and his fellow parliamentarians to do the best jobs they can for the citizens reflects mere self-loathing, or a particular brand of Liberal blindspot, one that leads them to believe that they alone among politicians are exempt from anything as crass political considerations and/or motivations. Those moral failures are apparently for the other guys. But in any case, we have an elected official making the case that unelected courts should have the ability to override legislators, and that the legislators should have no recourse. However Fraser rationalizes this to himself, it’s where we are.

We think the people who have issues with Section 33 are generally not being honest with themselves in that regard; we also think that their instinctual aversion to politics (or their exemption of themselves from it) tends to make them naive. If you vest all the real power of governance in a “non-partisan” Supreme Court, what you’ll get is not a dispassionate government, but rather a heavily politicized Supreme Court. We need only look at what has happened in the U.S. over the past 30 years to see how that pans out in the long run.

Look, we at The Line don’t like Bill 21. It’s a bad law. It needlessly tramples on minority rights. But there’s a very obvious way to get that law repealed that doesn’t involve flirting with a full-blown constitutional crisis in the midst of, you know, all of the other crises going on right now.

Elect a government that will repeal that law.

That’s what democracies do.

To me, one of the most puzzling things about the Carney government’s recent actions is the overall incoherence of them. They are going ahead with one of the worst policies inherited from the Trudeau years with the “gun buyback” program that the minister responsible has openly admitted is almost completely a sop to voters in Quebec. Okay, that makes cynical sense as the Liberal vote is about as “efficient” as it possibly can be so losing just a few seats in Quebec would make it impossible for the Liberals to get re-elected. Fine. Scummy as hell, but fine. Yet the challenge to Section 33 is guaranteed to piss off far more Quebec voters — and stir up controversy across the country to boot — and you’re going to stage a pitched battle against pretty much all the provinces before the Supreme Court? Are you sure about that?

August 24, 2025

The Supreme Court of British Columbia has detonated a legal mine under all of Canada’s established property titles

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

Conrad Black discusses just how much the Supreme Court of British Columbia’s decision on First Nations land claims in BC will undermine established property rights across the entire country:

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

The decision earlier this month by the Supreme Court of British Columbia that the Cowichan tribes hold title over federal, city, and private land in Richmond B.C. that enjoys a higher legal status than the fee simple ownership of the current proprietors is outrageous but may have some positive consequences. The decades and $7 billion that have been spent or pledged for what is called the “reconciliation” process, has finally hit a stone wall. The almost universal desire to be fair to Indigenous people and where appropriate to compensate them for inequitable treatment, has finally collided with the entrenched economic rights and interests of every owner of real property in Canada, including those of Indigenous ancestry.

Inexplicable latitude has been granted to the thickening population of crusaders for indigenous rights. Even the NDP government of British Columbia, which has been pathologically addicted to prostrating itself at the feet of anyone or anything purporting to champion any definition of the Indigenous interest, was reduced to monosyllabic waffling by the court decision brought down by Justice Barbara Young. Premier David Eby’s office declared an ambition to continue seeking a negotiated resolution of the conflict between Aboriginal rights and common law rights of affected property owners, (including the municipal, provincial, and federal governments-of $100 billion of property in Richmond B.C. that is directly affected by the decision).

This is an understandable ambition, but in the circumstances, his government might have pressed the negotiations over the six years that this case has been litigated. Our judiciary has been addicted to truckling to almost any Indigenous claim, on the restricted occasions when the federal and provincial governments have even had the temerity to conduct a defense against them. Now the taxpayers’ negotiating position has been tanked by this ludicrous decision, which is being appealed.

If courts with authority for the whole country were to come to similar judgments, and we cannot doubt that activists will continue to push on an open door and quite rightly take all they can get, then every property title deed in the country is compromised, including the Houses of Parliament. There were only approximately 200,000 native people in all of what is now Canada when the French and British explorers and settlers came here starting at the end of the 15th century. Yet the implication of this ruling is that they legitimately owned all of Canada and that in the patchwork of numbered treaties and other agreements following absorption of the politically organized parts of Canada into the British Empire at the end of the Seven Years War in 1763, ancient and undocumented Aboriginal rights took precedence over any subsequent real estate law allocations of property rights under the common or civil law systems that gradually spread across Canada.

Given the activist preferences of courts across the country, we can expect to see similar cases pop up everywhere, as First Nations sensibly try to strike while the iron is hot and lay claim to as much of the real estate of Canada as the courts will let them … which might well be the entire land mass plus fishing rights.

August 19, 2025

Bad laws in Canada must be challenged in court

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

At Rigid Thinking, Damian Penny says — and I wholeheartedly agree — that it’s a good thing for laws to be challenged in the courts, but especially when it’s called an “emergency”:

[Retired Canadian veteran Jeff] Evely, with the help of some conservative/libertarian-ish legal organizations, plans to challenge the woods ban in court as a violation of the Canadian Charter of Rights and Freedoms. This is not a popular position here in Nova Scotia (in online discussions, the phrases “Maple MAGA” and the venerable “American-style” come up a lot) and I am not sure he’ll be successful.

But, honestly, I give him credit for trying. In fact, I’d argue his Charter challenge is win-win for everyone in Nova Scotia, whether one supports, opposes or remains indifferent to the policy.

That’s not despite the pressing emergency posed by the forest fire threat, but because of it.

When we’re faced with a crisis, that’s precisely when governments are tempted to seize as much power and authority as possible – and, more importantly, when the public is more inclined to go along with it.

Hence, Trudeau I imposing War Measures Act provisions during the 1970 October crisis, the PATRIOT Act debate after 9/11, COVID-19 restrictions during the pandemic, Trudeau II using the Emergencies Act when the “Freedom Convoy” set up shop in downtown Ottawa, and now Premier Houston (whom I support, despite some misgivings about this issue) using sweeping measures to tramp down the forest fire risk.

And sometimes such powers are justified under the circumstances. Even self-professed libertarians will admit as such when the emergency is something they’re personally worried about, and when a leader from the “good” team is in power.1

But they aren’t always justified. And governments definitely can’t be trusted to handle such power responsibly the longer the “emergency” goes on.


  1. The rise of Trump has allowed many “libertarians” to reveal themselves as authoritarians, but that’s for another post.

August 17, 2025

QotD: The benefits of using auxilia units to the Roman Empire

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

That frankly unusual structure for a multi-ethnic imperial army [the non-citizen auxilia numbering about half the total “Roman” army] brought three principal benefits for the Roman army and consequently for the Roman empire itself.

The most obvious of these is manpower. Especially with a long-service professional army, capable and qualified recruits are in limited supply. The size of the Roman army during the imperial period ranged from around 300,000 to around 500,000, but in 14 AD (the year of Augustus‘ death) there were only 4,937,000 Roman citizens (Res Gestae 8.11), a figure which probably (a word I am using to gloss over one of the most technical and complex arguments in the field) includes women and children. Needless to say, keeping something close to a fifth of the adult male citizen population under arms continually, forever was simply never going to be feasible. After his victory in 31 BC at Actium, Octavian (soon to be Augustus) had acted quickly to pare down the legions, disbanding some, merging others, until he reached a strength of just 28 (25 after the three legions lost in 9 AD were not replaced). It was a necessary move, as the massive armies that had been raised during the fever-pitch climax of the civil wars simply could not be kept under arms indefinitely, nor could a short-term service conscript army be expected to garrison the hundreds of miles of Roman limes (“frontier, border”) in perpetuity.

Harnessing the manpower of the provinces was simply the necessary solution – so necessary that almost every empire does it. By their very nature, empires consist of a core which rules over a much larger subject region, typically with far greater population; securing all of that territory almost always requires larger forces than the core’s population is able or willing to provide, leading to the recruitment of auxiliaries of all kinds. But whereas many imperial auxiliaries, as noted above, turn out to be potential dangers or weaknesses, Rome’s auxilia seem to have been fairly robustly “bought in” on the system, allowing Rome to access motivated, loyal, cohesive and highly effective manpower, quite literally doubling the amount of military force at their disposal. Which in turn mattered a great deal because the combat role of the auxilia was significant, in stark contrast to many other imperial armies which might use auxiliaries only in subsidiary roles.

The auxilia also served to supply many of the combat arms the Romans themselves weren’t particularly good at. The Romans had always performed very well as heavy infantry and combat engineers, but only passably as light infantry and truly poorly as shock cavalry; they generally hadn’t deployed meaningful numbers of their own missile cavalry or archers at all. We’ve already talked a lot about how social institutions and civilian culture can be important foundational elements for certain kinds of warfare, and this is no less true with the Romans. But by recruiting from subject peoples whose societies did value and practice the kinds of warfare the Romans were, frankly, bad at, the Roman skill-set could be diversified. And early on, this is exactly what we see the auxilia being used for (along with also providing supplemental heavy infantry), with sagitarii (archers), funditores (slingers), exploratores (scouts) and cavalry (light, heavy and missile), giving the Romans access to a combined arms fighting force with considerable flexibility. And the system clearly works – even accounting for exaggerated victories, it is clear that Roman armies, stretched over so long a frontier, were both routinely outnumbered but also routinely victorious anyway.

As Ian Haynes notes, the ethnic distinctiveness of various auxilia units does not seem to have lasted forever, though in some cases distinctive dress, equipment and fighting styles lasted longer. Most auxilia were posted far from their regions of origin and their units couldn’t rely on access to recruits from their “homeland” to sustain their numbers over the long haul (although some number of recruits would almost certainly come from the military families of veterans settled near the forts). But that didn’t mean the loss of the expertise and distinctive fighting styles of the auxilia. Rather skills, weapons and systems which worked tended to get diffused through the Roman army (particularly in the auxilia, but it is hard not to notice that eventually the spatha replaces the gladius as the sword of the legions). As Ovid quips, Fas est et ab hoste doceri, “It is right to learn, even from the enemy” (Met. 4.428); the Romans do that a lot. The long-service professional nature of these units presumably made a lot of this possible, with individual cohortes and alae becoming their own pockets of living tradition in the practice of various kinds of fighting and acclimating new recruits to it. Consequently, not only did the Roman army get access to these fighting-styles, because the auxilia were actually integrated into the military system rather than merely attached to it, they also got the opportunity to adopt or imitate the elements of the fighting styles that worked.

Finally, the auxilia system also minted new Romans. We’ve already mentioned that auxilia veterans received Roman citizenship on retirement, but that wasn’t the extent of it. We can see in inscriptions that the degree of cultural fluency that soldiers in the auxilia gained with Roman culture was high; they often adopted Roman or Romanized names and seem to have basically always learned Latin (presumably because their Roman officers wouldn’t have spoken their language). While some units of the auxilia kept distinctive national dress as a sort of uniform, most of the auxilia seem to have adopted a style of dress that, while distinct from the legions, was generally in keeping with the Roman tradition of military dress (which was not quite the same as Roman civilian dress). They also partook of the Roman military diet (Roman soldiers kept a similar diet all over the empire, even if that meant shipping thousands of amphora of olive-oil and sour wine to northern England) which would have given them a diet in common with many work-a-day Romans too. Once retired, auxilia soldiers tended to settle where they served (rather than returning to their “home” provinces), which meant settling in frontier provinces where their citizenship set them apart as distinctively Roman, wherever they may have come from.

Exactly how many auxilia would have retired like this requires a degree of number crunching. Given a 20-year tour of service and zero mortality, we might expect around 7,500 men to pass through the auxilia each year. But of course, mortality wasn’t zero and so we have to expect that of our c. 20-year-old recruits, some number are going to die before retirement. Using some model life tables (following B. Frier, “Demography” in CAH^2 XI (2000)), we should figure that very roughly one third of our recruits will have died before reaching discharge. We then we need to adjust our recruitment figures to retain the same total strength and we get something like 9,000 new recruits each year to keep a strength of c. 150,000 with mortality counted for and 20 year tours. That gives us roughly 6,000 auxilia living to retirement each year. That may seem a small number, but that gradual accretion matters when it runs for decades and centuries and the newly enfranchised family units (recall that the citizenship grant covers children and sort-of-kind-of his spouse1) tend to settle on the frontiers, which is a really handy place to have communities of citizens. If we assume that these new citizen families mostly reproduced themselves (or more correctly that they went extinct or split with multiple children at roughly the same rate with no natural population growth), then we’d expect this process to produce perhaps something like 1.5 million new citizen households up until the Constitutio Antoniniana. Being very back of the envelope then, we might – once we account for women and children descendants of those soldiers – assume that on the eve of the general grant of citizenship in 212, there were perhaps 4 million Romans whose citizenship status was a product of service in the auxilia somewhere in their history; perhaps representing something like 7% of the entire population (including non-free persons). Were we to assume larger households (which seems wise, given that retired auxiliaries are probably more likely than average to be in an economic position to have a larger family), that figure would be even higher.

That is a very meaningful number of new Romans. And those figures don’t account for some of the other ways Roman citizenship tended to expand through communities both through manumission but also the political networks citizenship created (your Latin-speaking former-auxiliary citizen neighbors are a lot more likely to be able to help intercede to get you citizenship or get your community recognized as a municipia with that attendant citizenship grant). And not only are those new Romans by legal status, but new Romans who have, by dint of military training and discipline, absorbed quite a lot of Roman culture. As best we can tell, they tended to view the Roman Empire as their polity, rather than as a foreign or oppressive entity. They were “bought in” as it were. Again, this does not seem to have been the Roman intent, but rather an opportunistic, self-serving response to the need to maintain the loyalty of these troops; citizenship was, after all, a free benefit the emperor might bestow at no cost to the treasury (since citizens who lived outside of Italy still owed taxes) or himself.

Of course that fits the auxilia in to a later pattern in the provinces which becomes perhaps most apparent as the Roman Empire begins to collapse …

Bret Devereaux, “Collections: The Queen’s Latin or Who Were the Romans, Part V: Saving and Losing and Empire”, A Collection of Unmitigated Pedantry, 2021-07-30.


  1. Note on the coverage of the spouse. The grant of citizenship covered any biological children of the discharged auxiliary but did not extend citizenship to his wife. It did however, give an auxiliary the right to contract a lawful marriage with effectively any free woman, including non-citizens and the children resulting from such a union would be citizens themselves. Consequently, it extended one of the core privileges of citizenship to the non-citizen wife of a discharged auxiliary: the right to bear citizen children. Since the wife would be part of the retired auxiliary’s household (and then later, if he predeceased her, potentially in the household of her male citizen children) she’d be legally covered in many cases because a legal action against her would generally be an action against her husband/child. Given that a number of the rights of citizens simply didn’t apply to women in the Roman world (e.g. office holding), this system left the wife of a retired auxiliary with many, but not all, of the privileges of citizenship, so long as her husband and her marriage survived. That said, the legal status remained vested in her husband or her children, which made it more than a little precarious. One of these days, we can talk more about the structure of the Roman familia.

August 16, 2025

Britain slides further down the free speech rankings

At The Conservative Woman, Bruce Newsome reports on the parlous state of free speech in the United Kingdom:

SINCE 2021, the Index on Censorship has ranked Britain as “partially open” (the third tier). Britain ranks 20th for press freedom (worse than Trinidad and Tobago).

Just released: The US State Department concludes that in 2024, Britain’s human rights “worsened” and the British government is partial in protecting rights and freedoms: “Significant human rights issues included credible reports of serious restrictions on freedom of expression, including enforcement of or threat of criminal or civil laws in order to limit expression; and crimes, violence, or threats of violence motivated by antisemitism. The government sometimes took credible steps to identify and punish officials who committed human rights abuses, but prosecution and punishment for such abuses was inconsistent.”

There are three main categorical freedoms being routinely violated in Britain. In US Constitutional law, they are known as speech, assembly and press. British authorities need a reminder.

Let’s fully understand how this started, more than 25 years ago. In 1999, the Macpherson inquiry into the 1993 murder of Stephen Lawrence recommended that police should record hateful incidents as a matter of intelligence, even if the incidents were not criminal. Quangos led by the College of Policing encouraged police forces to record non-crime hate incidents (NCHIs). Police took it upon themselves to visit the supposed haters, to “correct your thinking“, to intimidate them with warnings of escalation, and even to strong-arm them into taking thought-correction classes with the police, at cost.

The 2006 Racial and Religious Hatred Act criminalises hatred of protected characteristics. It was once sold as a protection against violence, but was soon wielded to criminalise speech.

Police make more than 30 arrests a day (more than 10,000 per year) for online speech and record 66 non-crime hate incidents per day.

Despite several administrations claiming to review and restrict the definitions of hate speech and NCHIs, the definitions remain too vague to prevent police from repressing speech they don’t like. In 2024, the Free Speech Union submitted freedom of information (FoI) requests to all 43 police forces in England and Wales to see if recording went down since a new code of practice of June 2023. The number has actually increased. This year the current government sneakily signalled its appreciation of NCHIs in response to a petition to abolish them.

The latest statute aimed at free speech came into force on July 25: the Online Safety Act. The Bill was marketed as a necessary legislation to protect minors from harmful material such as pornography, self-harm forums, and bullying towards suicide. Like the Hatred Act, the Online Safety Act is being used to suppress politically inconvenient content.

British public authorities (and social media) are suppressing speech and the press selectively with political, religious and ethnic prejudice.

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.

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