Lecture 12 Saturday, August 10, 2013
- Second-last lecture
- Next week: primarily a REVIEW SESSION! Find out what’s on the exam (sort of).
- In the news—DRONES
o In the States, continuing controversy
o The debate…
o A lot of people have drone technology, and a lot more will have drone technology.
o Sooner or later, bad guys will have drones too.
o Assuming that people can hack into our commercial computer systems…it’s
going to get more complex
o In the States, lower-court decision that they shouldn’t even have to disclose that
they have any records related to drones or the use of technology. Philosophy:
“national security could be at risk”
o Of course, there are legitimate national security concerns, but that’s the mantra
used in this case to avoid giving info
o Appellant case in Washington: tables were turned. CIA will have to argue again,
as the case has been turned tot eh lower court, why they should be able to keep
any information secret on the use of unmanned drone.
o First go-around: whether the government should even have to reveal the fact that
they have drones, maintain compelte secrecy. That’s not going to happen unless
this gets overturned.
o Now, the issue will be disclosure records. Where have they bee deployed, what
are the stats fo casualties, etc.
o That’s something to follow.
o In the States, this was occasioned by an active group, the American Civil
Liberties Union. They have made an access-to-info request.
o That’s a real jungle here in Canada.
o Here, the ACLU were using the Freedom of Information act to get info on drones
o **Read the article: “Smart Drones that Kill” by Bill Keller
Now we’re into robotics—whether in fact, eventually, there may be
robotic-driven drones that are just circling anyway and don’t need a
human. Just programmed to isolate a target and take it out.
Several human rights organizations scheduled to meet in London to
introduce a campaign to ban killer robots Robots don’t have compassion. What’s their ability to determine whether
they should change their mind for whatever reason, complications (ie.
They surrendered, there’s a family nearby, etc.) It will never be able to
give tha last-minute determination, second-thought, or political sensibility,
- Chid soldiers and Romeo Daillaire
o Kicking off in May with a documentary titled “The Fight like soldiers, die like
o Letter to the editor in the Citizen today: “How sadly that it’s had no effect on
Canada or the US…Omar Khadr was a child soldier when captured…Daillaire
has been working to pressure foreign governments…five years later, our
government won’t accept the responsibility of protecting its own.”
o Ishmael Beae—we embrace dhim as a child soldier, he wasn’t Canadian.
Distinguished spokesperson, etc. But if it’s one of ours then he’s a terrorist!
- Response of the Omnibus Crime Bill taking various steps
o Mandatory minimum sentences, corrections (double-bunking), a bill to keep
mentally ill people either in jail longer or not released for a longer period
o Numerous radio interviews decrying the fact tha the government won’t look at
some stats and reviewing the policies
o Look at the government’s mantra, what they say in response to this. Media, spin,
buzz words and sloganeering as opposed to substantive detailing and will to
o Mr. Nicholson (Justice Minister) in response to the fact that since 2002, per
capita spending on justice in Canada has climbed 23%, found that 23 billion was
spent this year, in the same period of time, 23% has been a decrease in the rate
of crime! How do you justify this? The Justice mInister said, “The government will
not rest until it makes the streets safe!”
o Isn’t that almost like a messianic Biblical pronouncement?\
o The other: “We will continue to crack down on crime.” That’s been done to death.
We must have this image of government agents crawling around the place with
whips cracking down on everything. It will increase tax-payers’ frustration and
maybe increase crime.
o The other mantra is “The cost of crime for the most part is born by victims.” That
sounds good, and our sympathies are with them, but the real cost is born by
provinces and the tax-payers. The federal government has the jurisdiction to
create procedure and criminal law, but it’s the provinces that enforce it in the
provinces, and they make up a large portion of the spending.
o Be skeptical, read behind what they say at the question period. - Terrorism, looking at Canadian legislation
o Money laundering aspects of the act
o A report (last Thursday’s Citizen): changes are desperately needed…they can’t
conclude whether money spent on the program is achieving any results.
o In the US, prior to the great Homeland Security initiative, various multiple
agencies ddin’t interact effectively with each other, there were turf wars rathe
than integration. Most law enforcement agencies in Canada are unable to access
the country’s financial intelligence agencies’ data in real time. WEHre’s the
oversigh, what’s happening?
o A senate committee here in Canada is actually doing its work while the House of
Committee is behaving likea bunch of kids. Senate committee is urging
Widening the number of business required to report transactions to the
Forcing federal agencies to report to the government electornic
transactions o fsignificance
Allowing police to access financial intelligence in real time to help with
- Gun control!
o Exactly 8 months after the horrible movie shooting in Colorado, the democratic
governor of Colorado signed new restrictions on firearms in the States, incuding
o Politicians in the States have become gutless. In their small, incremental
achievement in getting some gun restrictions, they didn’t deal with the assault
weapons aspect…boggles the mind. The translation for gun owners is that they
have a constitutional right.
o But you don’t have an absolute right to anything. If the constitution allows you
compelte freedom to do whatever you what, that leads to chaos. Sure, you can
have a gun, but you have to be registered, have to have a licence and training,
o But Colorado is showing that where these tragedies happens is strategically
where people interested in getting increased gun control have to focus. Newtown
will be a focal point.
o As if to accentuate the need for oversight on these things, AS the governor
announced these things, a gunman shot and killed the state’s prison director in
his home! o What was the Republican’s response? They have warned that voters will punish
the governor and other democrats who voted in favour of he measures. There
will be electoral consequences!
o What planet do these guys inhabit? What is their focus, their scale of values and
o Self-centered and defensive…
o There is in the States a sense of deep-rooted mistrust of government, and of
course politicians recently have done little to get popularity. We’ve had
Watergate, Yelsburg case, Clinton’s scandals, corporate funding of political
parties (pro-Israel businessman who put billions for Romney…), people just don’t
trust government and don’t like restrictions.
o So much is related to states and states’ rights. In Canada, we don’t have that.
o Criminal law in the States varies from state to state, they have large control over
the law, as opposed to federal collectivity. Always in flux. We don’t really have
o It’s just that the gun issue has been tapped by the NRA…that’s just a vehicle for
them to say the government’s going to take everyone’s guns away. The next day,
people rush to the gun stores and stock up. That paranoia and fear is tweaked by
a deep, convulsive, genetic defect!
o We don’t have the same thing.
o Here, it’s less intense. We still have the absurd argument from those who want to
disband the gun registry. It din’t cost that much to continue it, why get rid of it
altogether? But to hear the argument that ‘oh, it’s such a burden on the law-
abiding gun owner an dhunter outwest’ is wrong. Most gun owners are urban!
o The symbolism is strong but it’s not logically or contextually well-placed.
- Treason, sedition, sabotage, spying
o Treason is a dramatic phrase, the oldest and most serious offense in political
society after murder
o Originally, a crime against the actual person (monarch). But as regimes changed
over the centuries, the state subsumed a lot of the characteristics of the
sovereign. Working against the interest of the state also became treason.
o In the Criminal Code, under Section 46, there are two forms:
• Kills, attempts to kill, wounds, imprisons, or restrains the
• Wages war against Canada or does any act preparatory thereto • Assists an enemy at war with Canada or any armed force against
whom Canada is engaged in hostilities, even if no declared war
o OMAR KHADR!
o We offloaded Khadr to Guantanamo, left him to American
military tribunal system
o Over the years, the mantra went out that there’s a process
in place, he has to follow, etc.
o We have high treason here! If you feel that he’s worthy of
being treated as traitor to Canada, why didn’t we charge
him with treason and return him home??!
o We didn’t bother to use our law, just tried to bury it, he was
• Uses force or violence to overthrow the government of
• Discloses without lawful authority military or scientific material to
agents of a foreign state
o That guy form the armed forces in the East Coast did that
o Punishment: life imprisonment.
Normal parole rules apply
Those who are subject to it are Canadian citizens or those owing
allegiance to the Queen
Even if the acts wer performed outside of Canada
• Again, could have applied to Khadr
o There are two instances in Canadian judicial history
McLean (American citizenin Nova Scotia sentenced to hang for treason
and he did)—but he didn’t owe allegiance to the king. He wasn’t
Louis Riel responsible for Red River and Northwest Rebellion. In his time
btween, became American citizen. Didn’t owe allegiance to the Queen,
yet he was charged with treason and hanged for it.
o Other aspect of treason
Sedition • Under section 59 of the code: “words that express a seditious
• Someone teaches or advocates or publishes or circulates any
writing that advocates the use without authority of law of force as
means of accomplishing a governmental change in Canada
• There are exemptions when a person in good faith is attempting to
show that the government has been misled/mistaken in measures,
wants to point out errors in legislation, etc.
• **section 60 which lists the exceptions
o To point out things which produce senses of hostility…
o Are you preaching sedition when you’re saying things that
are likely to spawn terrorists?
o A very touchy area
• Notorious cases
o The Upper Canada rebellion of 1837 in Toronto
Attempted to foment rebellion against Upper
Canada compact. A time of financial depression,
uneasiness about british government restrictions.
30 years before our Confederation.
2 gentlemen (Lout and Matthews) were charged
with treason for taking part in the rebellion
William Lyon Mackenzie was the leader—took off
and din’t come back until there was amnesty
**The case illustrates a theory: in Canada, we have
a tendency with these crises (ex. FLQ, Matthews)
to assert authority right away, harsh message…but
then a distinct period of grand lenience and
regrouping. We want peace and order, but having
made an example of the leaders.
These two, Justice Robinson said: “The chief cause
of your dreadful fall has been your forgetfulness to
your duty to your Creator…indulged in a feeling of
envy and hatred towards your rulers…lead to the
ruin of your happiness and peace...” but then to
Lount, “you have been admitted to the honorable
privilege..it was up to you to set an example to
public obedience to authority…” But then amnesty some years later, and Mackenzie
was welcomed back with open arms!
Classic conservative statement of the blessings of
a structured society
o Red Scare, 1919.
o Bloody Saturday in Winnepeg (Winnipeg General Strike)—
strike of metal workers wanting regularized work week,
decent wages. Disparity between classes. Ukrainians, war
veterans from WWI living in very depressed
circumstances… The whole social factor of the red scare.
Soldiers survived the horrors of the war but witnessed the
rise of Bolshevism and the Russian Revolution.
o Sedition as a potential charge surfaced as a result of
workers wanting to get a fair deal
Poles, English, Scots, Ukrainians—working class
Resentment towards the government because the
workers were sacrificing human lives
Wanted better wage, 8 hour day, right to a union
May 13: over 30,000 worke dout—taxi drivers,
garbage collectors, waitresses, etc.
Grew out of deep-rooted local grievances
The idea of industrial revolution was growing
throughout the west
They were talking about one industrial union
Call for the One Big Union.
Plans began for spreading the word…but the strike
in Winnipeg broke out. The OBU had nothing to do
with the strike, though…
Bill Richards got involved in the strike…
You got a movie ticket, bread or milk by permission
of the Winnipeg strike committee.
Cards printed by the committee—leading people to
think it was starting a Soviet dictatorship in
Winnipeg. Almost unanimous support from the soldiers.
Unemployed with pitiful handouts from the
government. They began dialy parades.
Return soldiers loyalist association ran the parades
Conscerned that these two groups would clash, the
mayor made a ban on public demonstrations.
Common for different relatives to be part of different
kinds of committees. One in a citizen’s committee,
one in a strike committee, etc.
Winnipeg police had vowed to strike, but stayed for
the strike committee…special police were sworn in
and paid $6 a day…Eaton’s provided them with
horses and baseball bats.
June 10: crowd gathered on Main Street ot listen to
a speaker. Mounted specials tried to disperse them
—shor triot followed.
Other specials stayed as inconspicuous as possible
PM Borden, Premier Morris—attitude: the strike
represented the beginning of violent revolution and
had to be squashed at all costs.
They were rounded up, arrested, takent to Stony
Bill Richard was one of them.
J.S. Woodsworth was also picke dup, charged with
seditious conspiracy on the grounds of quoting from
the book of Isaiah: “…to take away the right of the
poor of my people”
June 21: strike at stage of collapse…demanded
release of the prisoners
THAT was the beginning of Bloody Saturday
People gathered in front of city hall. Someone set a
vehicle on fire?
Mounties with baseball bats charged into the
crowd. People picked up missiles (brick, etc.) threw
them at the Mounties.
Mounties came back with revolvers drawn. Rifles
and fixed bayonets Two marchers dead, 34 wounded, 80 arrested.
They were exhausted, drifted back to work
Was it worth it?
Employers continued to reject bargaining, no
significant increase in wages, jail sentences, people
But in the long run, it was turning point in
development of political consciousness among
1920: George Armstrong, William Ivans and John
Queen elected to legislature
Woodsworth sent to Ottawa as member of
o Folksy view of one of the few violent insurrectiosn in
o Not a glorious day for the mounties
o Mayor had read the riot act and gave them time to
disperse. But Inspector Mead (from the Mounties) gave
order to fire into the crowd right after!
o There were two marchers killed from that…
o Comparing it to Guantanamo, our security bracelets and
orders for terrorists in Canada, the response by Arthur
Mayam (later PM of Canada) to these events was “I feel
that rapid deportation is the best course when arrests have
been made, and later we can consider ratification”. In other
words, get these foreigners out of town! That’s how abject
the fear was (of Communists), how importance of power
was that they’d curtail rules of law and democracy
o Some of the people sent to Stony Mountain weren’t really
protestors, some of them philosophers! Woodsworth! He
was a pacifist, was the only one who voted against
declaration of war against Germany by Canada…
o The case killed Winnipeg as a great centre…was meant to
be a place with great railway, culture…but this killed it in
o General Robinson did a report after: “the specific cause
was refusal by employers to recognize demands of workers…metal trades…” The strike leaders were held
o **See how men of learning can seem like their