Alberta's Section 3 Constitutional; Boisson Acquitted

The full ruling can be found here.

1) Stephen Boisson's language was found to be relatively mild compared to the kind of messages employed to set the hate-speech standard.

2) It was noted that the case was about a single letter, not an extended sequence of hate-speech messages:

...which is odd, because I was under the impression that the letter was republished several times afterwards, perhaps on the Concerned Christians website.

3) The kicker seems to be that the assault on a gay youth--which supposedly came about as a result of the letter, and was committed by (among others) an associate of Mr. Boisson who had been exposed repeatedly to the contents of the letter--is treated as alleged, and the evidence drawn from its circumstances as here say. I was under the impression from the original HRC case that none of this (other than the implications for Mr. Boisson's case) was in doubt.

4) In any case, the judge found that the law was misapplied in Boisson's case, and not that it was invalid. A reference was made to the Lemire constitutional challenge, about which the judge wrote

So obviously that case won't serve as anyone's anti-HRC silver bullet.

Looks Like There IS An International Climate Conspiracy

...for it looks like CRU is not the only institution targetted by criminals allied with the denialist community: attempts were made to steal documents and computer files from U-of-T as well:

An alleged series of attempted security breaches at the University of Victoria in the run-up to next week's Copenhagen summit on climate change is evidence of a larger effort to discredit climate science, says a renowned B.C. researcher.

Andrew Weaver, a University of Victoria scientist and key contributor to the Nobel prize-winning work of the Intergovernmental Panel on Climate Change, says there have been a number of attempted breaches in recent months, including two successful break-ins at his campus office in which a dead computer was stolen and papers were rummaged through.

It would sure be nice--and its interesting that its the NP picked up on this story--if the media concentrated a little more on the fact that they are being shopped material by crooks rather than picking over emails they don't understand the meaning of and freely improvising based on what they think they see behind the words.

ClimateHackerGate! CRU First Hacked In October????

An interesting development:

E-mails alleged to undermine climate change science were held back for weeks after being stolen so that their release would cause maximum damage to the Copenhagen climate conference, according to a source close to the investigation of the theft.

[...]

The first hack was in October or earlier, the source said. The e-mails were not leaked until mid-November.

Interesting because, back on the 25th, I theorized that the hackers might have first shown a selection of illegally obtained emails to the BBC's Paul Hudson back in October and then--perhaps because he didn't write on them--hit the CRU server again for more of the good stuff. This new development would be consistent with that theory, which would be uncomfortable for Mr. Hudson, as it would mean he sat on illegally obtained emails without reporting them for a whole month.

Also--since the private CRU emails discuss Briffa's tree-ring proxies and Tijander and etc.--did the hackers delay their release in the hopes of harvesting more embarrassing material on this particular topic? That might put them in rather close proximity to Steve M's gang at CA, since he was the guy stirring the pot on these issues. In any case, it is clear that the emails were held back for weeks after being stolen so that their release would cause maximum damage to the Copenhagen climate conference. That's the takeaway message.

Why Does Charles Adler Hate Canada?

...or, at least, why is he insinuating that Members of the Canadian Armed Forces are not really men? Charles writes:

I talked to Jimmy's mother this week. James Hayward Arnal loved this country more than any of you quiche-eating, latte-loving, armchair quarterbacks.

Yeah, chuck, tell that to Cpl Rob Sargeant, stationed at a secret base located somewhere in southwest Asia:

There's a surreal feeling I get here - where with a well-equipped kitchen and gym we are able to keep fed and healthy in a barren desert climate. Some of the dishes the cooks are able to come up with are amazing - not just your typical meat and two veggies, they do everything from chicken swarma to quiche.

Or tell it to the 1st Canadian Parachute Battalion Association:

Bloomfield is a small town with many interesting boutiques, galleries, antique shops, and tea rooms. We had an enjoyable couple of hours browsing the shops, then it was to Angeline’s restaurant for lunch. Angeline’s is in an historical house lovingly refurbished to its original beauty by owner and Chef Willi Fida. Our lunch was Quiche Lorraine and salad; for desert the most delicious fresh apple strudel I have ever tasted, followed by tea or coffee. Taking a different route we arrived back at the Base about 1430.

You calling the 1st Battalion a bunch of girls, chuck? A pale puffball like yourself?

Tory On Tory Violence Re HST

"As Conservatives, we're supportive of a combined tax. It's not a tax grab... That is a misnomer to mislead the public to get them excited about something that's not accurate." Mike Wallace (MP, Burlington) October 12, 2009 - The Hill Times.

"It's a massive tax reduction for those that employ Ontarians, for those that drive the Ontario economy. It's a politically courageous decision." Dean Del Mastro (MP, Peterborough) March 27, 2009 - Peterborough Examiner.

"Filing one corporate tax return will immediately reduce the paperwork burden for Ontario businesses. Ontario companies of all sizes will benefit from one set of rules, one point of contact, and one tax return. By reducing the time and money Ontario businesses spend on meeting their tax obligations, government is allowing businesses more time to focus on growth and development." Gordon O'Connor (MP, Carleton-Mississippi Mills) May 2, 2008 - Marketwire.

And my favorite, from Building Prosperity in a Canada Strong & Free, authored by Preston Manning and Mike Harris (the man Tim Hudak was cloned from):

"(Ontario is) further encouraged to harmonize (its) provincial sales tax with the federal goods and services tax, which already exempts business inputs. This would provide a double benefit by also reducing by one-half the paperwork required for businesses to collect and remit sales taxes." - Fraser Institute: Building Prosperity in a Canada Strong and Free, 2006.

Meanwhile, recalcitrant Federal Liberals seem to be falling in line.

The Loyal Opposition

You know I can almost see something under Bill Murdoch's dress. Is he supposed to be a Scotsman or a particularly raunchy girl-scout?

In any case, Dalton McGuinty can sleep sound tonight.

NB Power Sale: Wanna See A Populist Backlash?

Forget the HST. Here's a populist backlash. And only one year out from an election call.

Up Yours, Chuck

I actually drink tea, and can't stand quiche, but nevertheless I am not prepared to have my patriotism questioned by some peon from the foothills outside of Gooberton with hayseed in his beard.

PS. We all know what you mean by "upscale coffee shops"; I really don't understand why Conservative pundits insist on dividing Canadians based on their choice of caffeinated beverage. And you know, while Mr. Harper officially promotes the coffee der volk, when he comes to T.O. he's been seen drinking the homosexual stuff. It even looks like he enjoys it.

The Right Thing

OTTAWA -- Liberal Leader Michael Ignatieff said Tuesday his party will support legislation enabling Ontario and British Columbia to harmonize their sales taxes with the federal GST.

Its the right thing not necessarily because Harmonization is the right thing--I am still of two minds over that--but because it would be irresponsible for a federal opposition party to throw a monkey wrench into a process so thoroughly underway in two of Canada's largest provinces, where the local business communities are already deeply involved in making ready for the new tax regime. Let the political battles over this be fought at the provincial level, and let those on the contra side of the issue be honest about what they will do about the HST if they are elected. Here in Ontario at least, the Hudak Tories have been reluctant to answer that question, preferring instead to bang on desks and have their party look like a gang of poo flinging monkeys.

And I agree entirely with Iggy when he says:

"Let me just observe that Stephen Harper's walked away from this issue, not taking any responsibility for it, trying to pretend he has nothing to do with it," Mr. Ignatieff said. "This is initiated by Mr. Harper, and leadership means taking responsibility for your decisions. I've done so today. I wonder why he has not."

Let's be clear: there is absolutely no need for this vote. The Tories could advance this legislation through an order in council, but have instead decided to palm off the responsibility for moving government legislation through parliament onto the opposition parties, which is to say that the so-called"party of small business" seems willing to sacrifice its allies for a cheap political stunt.

A bit of courage from Iggy. Nice to see that, whatever the issue might be. And a lotta of cowardice from the Harper Tories.

NOW They're Against Harmonization, But then...

QUEEN'S PARK, Nov. 30 /CNW/ - We know that Ontario Conservative Leader Tim Hudak supports the HST; earlier this year he said there was "little sense" in having two separate sales taxes and understood how the HST "can help the economy" (March 24th, 2009 - Don Valley West, Conservative Party Annual Meeting).

And his House Leader Bob Runciman also said "I think our Party is supportive of harmonization" and that the HST is "something we think should occur" (March 24, 2009 - Media Scrum).

Ted Chudleigh (Halton): "Taxing businesses for their input costs is also a negative thing to do in an economy. It would be far better if we could find a way to harmonize the PST with the GST." (October 2, 2008 - Legislative Assembly Hansard)

Norm Sterling (Carleton-Mississippi Mills): "The Ontario government should harmonize its provincial sales tax with the federal goods and services tax." (April 23, 1992 - Legislative Assembly Hansard)

Okay, so that one is from a long time ago...

Gerry Martiniuk (Cambridge): "We have called on you to stimulate our economy by reducing the tax burden on business and new business investments, eliminating capital taxes in Ontario, reducing taxes on small business, and initiating serious negotiations with the federal government on tax reform." (October 22, 2008 - Legislative Assembly Hansard)

Frank Klees (Newmarket-Aurora): "No one can argue with wanting a more simplified tax process I think we all support that." (May 21, 2009 - London Conservative Leadership Debate)

Note that Tin Hudak is willing to let his MPPs pound on desks and generally look silly, but he has stated that he will not repeal the tax if elected. Oh, and lets not forget that the harmonization is a deal between the Provincial Liberals and the Federal Tories. As head desk-pounder Bill Murdoch has already admitted:

Stephen Harper Conservatives are pretending they had nothing to do with the controversial plan to blend the federal and provincial sales tax in Ontario, Tory MPP Bill Murdoch says.

"They can't divorce themselves away from this," Murdoch told Sun Media. "They're part of this whole scheme."

Thanks Tim Hudak

...on behalf of Dalton McGuinty and his government, for turning what has the potential to become a populist anti-HST wave into an embarrassing monkey show:

In what was clearly an orchestrated protest by the Tories, the session began with Mr. Murdoch rising in his seat and saying, “Where I come from, [Premier] Dalton McGuinty is a liar.”

[Tory MPP] Bill Murdoch was asked three times to withdraw the remark and refused. When he was asked to leave, his caucus colleagues formed a human wall around him, leaving him well out of reach of the Sargeant At Arms.

[...]

After a 15-minute recess, Mr. [Randy] Hillier jumped into the fray and got ejected for the duration of the session for refusing to stop banging the lid on his desk.

Embracing the inner Teabagger. Yeah. That'll win you votes in Ontario. And, according to this, Randy Hillier is still lurking around Queen's Park after having been ordered to leave. Next thing he'll whip out the boots and red suspenders and be dumping dead deer on the grand stairway.

Pro Lifer Loses Federal Court Ruling, Keeps Medal

The move to strip Henry Morgentaler of his Order of Canada failed last week. No surprise there. Probably the most interesting thing about how this story has ended though is: what happened to Frank Chauvin's Order of Canada? Mr. Chauvin, the man who launched the federal court review of Morgentalor's award, claimed last year that he was returning his own snow-flake--received in 1987--as a form of protest. On July 11, 2008, he said:

"Yes, it's [the Order of Canada medal] definitely going," Chauvin said Thursday from his Windsor home. "I don't want to be painted with the same brush as Morgentaler. It's definitely going back."

[...]

"It was a wonderful thing to have obtained.... but it's gotta go."

In fact, a story from the 17th asserted that Chauvin had already returned his medal:

This gruff, plain-talking former Windsor police detective has done more for humanity than just about anyone else in this region, certainly more than any of the sneering armchair critics who've assailed him for returning his Order of Canada because he chooses not to share that now dubious honour with abortionist Dr. Henry Morgentaler.

Except that...whoopsie!!...as reported by Lifesite over the weekend, Chauvin is now singing a slightly different tune:

'I have been quoted in the media as intending to return my award,' said Mr. Chauvin in response to the news of the decision. 'I may yet do so, but I first wanted Canadians to have a chance to take a close look at what can happen when an Advisory Council abandons a consensus model and uses the award to advance a highly divisive view, in this case the effective promotion of the tragedy of abortion in Canada.'

In fact it was reported here back in July that Chauvin had experienced a change of heart. I guess a few bucks in stamps is just too much to pay to stop a purported mass murderer. As Mr. Chauvin noted last year: "I'm not going all the way to Ottawa, that's for sure."

They're Back!

Aryan Guard rescinds breakup! Still planning White Pride March in 2010! The Calgary media is a week behind this story, but ARC outlines the stakes pretty clearly:

In all honesty, there is reason to be concerned. Back biting within the remnants of the Aryan Guard with the new "leadership" taking a decidedly violent and threatening tone, all the while in a conflict with the equally violent W.E.B. gang. Both groups claim they will take their, "activism" to the streets and off the Internet. Both groups have people who have been charged with and/or convicted of numerous crimes, including assault and attempted murder. Both groups have stated they will begin targeting minorities in the city of Calgary.

The police need to step up and deal with these people before someone is seriously injured or killed. McKee was building pipe bombs and amassing a supply of weapons. There's no reason to doubt that others in both gangs have done the same. And while their violence might take the form of targeting one another, we do fear for any innocents caught in the cross fire.

Steyn On Hasan: Largely Bullshit

Carol Waino fact-checks articles by right-wing columnists for a hobby. In Mark Steyn's case, somebody's got to do it; Macleans sure won't. Here is her take on Major Nidal Hasan had an enabler. A shorter version was "removed" from the Macleans comments section.

There are errors in Mark Steyn’s article “Major Nidal Hasan had an enabler” (Nov. 26). Castigating Hasan’s “superior officer” Colonel Terry Lee, for fatal “political correctness”, Steyn writes:

"barely had he got to Texas when he started making idle chit-chat praising the jihadist murderer of two soldiers outside a recruitment centre in Little Rock. 'This is what Muslims should do, stand up to the aggressors,' Major Hasan told his superior officer, Colonel Terry Lee. 'People should strap bombs on themselves and go into Times Square.'

In less enlightened times, Colonel Lee would have concluded that, being in favour of the murder of his comrades, Major Hasan was objectively on the side of the enemy. But instead he merely cautioned the major …'You need to lock it up, major,' advised the colonel."

To begin, no reports list Col. Terry Lee as Hasan’s “superior officer” at Fort Hood. Col. Lee is instead clearly identified as “retired” when interviewed by Fox News, and in all other reports (certainly, it would be both foolish, and undoubtedly against military policy, for Hasan’s current or former “superior officer” to phone Fox with self-incriminating comments of the sort Steyn reports). Further, it is not clear that this individual was even a colleague at Fort Hood. Reports state that Hasan was only transferred to Fort Hood in July, a couple of months before the shooting, and Lee is described (in reports more credible than Fox) as having worked with Hasan as a colleague at Walter Reed, not Fort Hood, prior to his retirement.

But even in the Fox interview, Col. Lee makes clear that the quote which Steyn claims Hasan made to his “superior officer” Lee in Fort Hood – that “People should strap bombs on themselves and go into Times Square”, is unconfirmed, third party, material from another time and place. Lee says: “that was from a third source, so I can’t confirm that”. Further, he says that the unconfirmed statement was suggested by a third party at a conference at Walter Reed Hospital “6 months ago” – that is, before Hasan was posted to Fort Hood, not while he was there, as Steyn claims, and not directly to Lee (who did not personally receive it, and who, at any rate, was apparently not Hasan’s “superior officer” at Fort Hood).

If Mr. Steyn is going to try to throw more individuals under the over-used bus of “political correctness”, he might try and avoid further errors of the sort earlier directed at the CHRC, and for which MacLean’s recently published a retraction. In that regard I note that no correction has yet been offered for MacLean’s fictional May story which first inflated the population of Finland by about 6 million, before killing them all off several times over at the hands of a leader (Lenin) who never ruled the country. Does MacLean’s employ fact checkers or editors? Or is factual error now “politically correct”?

Carol Wainio

Mark Steyn: The Pieces Are Interchangable

From his Macleans Oct 15 column on Michael Ignatieff:

In Britain, a land with rampant property crime, undercover constables nevertheless find time to dine at curry restaurants on Friday nights to monitor adjoining tables lest someone in private conversation should make a racist remark. An author interviewed on BBC Radio expressed, very mildly and politely, some concerns about gay adoption and was investigated by Scotland Yard’s Community Safety Unit for Homophobic, Racist and Domestic Incidents. A Daily Telegraph columnist was arrested and detained in a jail cell over a joke in a speech. A Dutch legislator was invited to speak at the Palace of Westminster by a member of the House of Lords, but was banned by the government, arrested on arrival at Heathrow and deported.

From a May 8th piece in The Progressive Conservative, on the decline of America under Obama:

In Britain, a land with rampant property crime, undercover constables nevertheless find time to dine at curry restaurants on Friday nights to monitor adjoining tables lest someone in private conversation should make a racist remark. An author interviewed on BBC Radio expressed, very mildly and politely, some concerns about gay adoption and was investigated by Scotland Yard’s Community Safety Unit for Homophobic, Racist and Domestic Incidents. A Daily Telegraph columnist is arrested and detained in a jail cell over a joke in a speech. A Dutch legislator is invited to speak at the Palace of Westminster by a member of the House of Lords, but is banned by the government, arrested on arrival at Heathrow and deported.

Sweet. Paid twice for the same anecdote.

H/T CW

Just A Poll You Might Have Missed

The poll found support for the Tories at 36 per cent, down 1.7 points from where they were on election day last October. The Liberals were at 27 per cent, the NDP at 15 and the Greens at 11.

In Quebec, the Bloc Quebecois held a 17-point lead in the poll at 39 per cent, with the Liberals at 22, the Tories at 18 and the Greens and NDP tied at 10 per cent.

FYI. That is all.

Bill C-31 Still Out There

Also this week, MPs debated Bill C-31 which would modernize criminal law procedure and make the justice system more efficient and effective.

Among other things, the bill creates a new offence to help prevent individuals from fleeing a province or territory in order to avoid prosecution. It also proposes to give law enforcement greater access to search and seizure warrants. And it streamlines the identification process in police stations, allowing the fingerprinting and photographing of persons in lawful custody who have not yet been charged or convicted of specific offences.

If you are brought in on an indictable offense, whether or not you are ever charged, the police can take your prints and snap a mugshot. Very little coverage of this, other than a 6 month old piece from the Niagara Falls Review pointing out the obvious:

It would give police a new intimidation factor. A lot of people who are arrested aren't familiar with how the criminal justice system works.

[...]

Maybe it's too many reruns of Law and Order or The Shield, but it's easy to conceive of over-zealous cops arresting someone, never intending to charge them, but just taking their mug shot and prints to have them on file.

Looks like the bill has just gone through 1st reading.

Peak Waffle?

They say there's more batter in the pipeline. This guy don't believe them.

Harper On The HST: The Buck Stops Elsewhere

Paul Wells says:
He's talking about this, and he elaborates in the comments:

"If the framework legislation is rejected before Christmas, we will not revisit the issue. Not next year. Not after the next election.”

Compare and contrast with party financing -- the per-vote subsidy -- which Harper has already declared he will revisit after the next election. I actually don't have a big problem with that. But we see the difference between a Harper who wants to get something done, and a Harper who wants to shift blame.

Just to be clear, this "framework legislation" is entirely superfluous:

8.3 (1) The Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement or arrangement with the government of a province respecting sales taxes and, without restricting the generality of the foregoing, respecting.

...as the agreement can be made via an Order in Council, which originate in Cabinet and approved by GG (see Governor in Council def.).

PS. If it comes to it, Iggy should support. Can't flip-flop now. In any case, the degree of anger here in Ont. over the HST doesn't seem as intense as in B.C. and will probably have faded by summer.

Hey! Its The Same Fricking Tree!

So I'm surfing around and I notice that this item--"The Old Stump, Lake Superior" by Group of Seven Artist Lawren Harris-- just sold for 3.5 mill. Not bad, I thought, for what was after all just another painting from the group's "Tree" period (albeit--and this is unusual for one of The 7--this time its a dead tree).
Except I surf around a bit more and find this baby, which goes by the name "North Shore, Lake Superior":

Notice anything peculiar? Its...the...same...tree! The gallery sold a previously painted tree! A used tree!! Harris didn't even employ that old Group of 7 trick where he paints the tree red or yellow or some other weird color to disguise it. No! It's just like Monet and endless goddamned water-lilies. The people want water lilies, give 'em more fucking water lilies! Give 'em the same lily, painted at dawn, and noon, and at dusk! Here's the water-lily under a full moon! Now hand over your money, sap! But in this case Harris was thinking: people want pictures of a dead tree, I'll give 'em pictures of a dead tree. The same dead tree, so I won't even have to get out of my chair!

WHAT IS THE CANADIAN ART ESTABLISHMENT COMING TO?