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I've read the Act. It's quite rich that it proclaims to still be tethered to the Charter, and yet the act allows government to compel people to do a job against
by cal5k 5y ago
I've read the Act. It's quite rich that it proclaims to still be tethered to the Charter, and yet the act allows government to compel people to do a job against their will, ban protest in specified areas, seize/confiscate assets without a court order... it's like when a bully yells "stop hitting yourself!" while pummelling you with your own arm.
I'm sure the rationale for why it's apparently Charter-compliant leans heavily on Section 1, but the courts have been far too generous in deferring to Parliament on use of Section 1 as a justification for "minor" infringements.
It has also never been invoked before, and hence has not withstood the scrutiny of a Charter challenge yet. It may not, in fact, be Charter-compliant.
- deleted 5y ago[deleted]
- robbedpeter 5y agoIt's interesting to observe the different failure modes of western nations in the last decade. Democracy is undermined by populism, parliamentary systems are unstable with regards to civil rights, the Fourth Estate of media is completely compromised by local corruption, massive conglomerates, rich activists, and weird tribal mobs that flit from panic to panic, all of them degrading anything and everything in pursuit of wealth or political advantage. Nothing is sacred or revered, to the extent that religion is being replaced by diy mysticism, ideology, politics, or Great Causes, be it climate or BLM or MAGA. In my mind, the solution is cultural. We need shared values and deep understanding of the principles that govern our countries. We need good faith debate and review of outdated laws, revision or excision of bad ideas - racial language, weird moral errata, and finally a sufficiently detailed and rigorous regulation of novel technology that older concepts fail to account for. Social media, adtech, and search engines aren't common carriers, but legislation shouldn't try to shoehorn regulation of platforms and communities into pre-internet legal paradigms. It's way past time for regulation and legislation of digital liberties. The 2nd amendment in the US didn't account for nuclear weapons. The war on drugs and the current global legal system around drugs didn't account for human nature and civil liberty. Section 230 and phone companies and cable TV aren't concepts that map properly to the modern internet, and we'll probably see radical changes at an increasing rate. Nailing down basic things like digital privacy rights, penalizing surveillance, rewarding innovation and fixing patents and copyright are crucial, but apparently it doesn't test well, so nobody is fundraising for that platform. Canada is not bad, but things can break down rapidly. Trudeau will fail on the side of authoritarian control, so any actual damage resulting from that should be fodder for debate on refining the system and protection from abuse. And if no damage is done, recognizing and reinforcing the fail-safe structures in government is probably necessary.
- pasabagi 5y ago> We need shared values and deep understanding of the principles that govern our countries. This is the mainstream prescription since there has been bellyaching about the woes of the age (i.e. forever, or provably, since the invention of writing). One idea that I think is more interesting is Machievelli's - he pointed out that the Roman state was at its most dynamic and powerful when it was locked in permanent internal contradiction: between the landless and landed. One can easily carry the analogy along. The 60's, in its time, was seen as a moment of social disintegration and civilizational collapse. In retrospect however, we can see that an america that had not had the 60's would be a scary, oppressive place, a perpetual 1955 of the human soul.
- verisimi 5y agoHonestly, 1955 seems like a distant dream....
- kixiQu 5y agoOr, to others, a nightmare. https://en.wikipedia.org/wiki/Emmett_Till https://en.wikipedia.org/wiki/Emmett_Till
- paulryanrogers 5y agoSo long as you're a white, protestant, male adult with no significant or visible disabilities.
- throwaway0a5e 5y agoEvery time someone says anything good about any year prior to 1980 or so someone shoots back with this low effort quip. I think it's obvious that anyone praising the 1950s in 2022 can be assumed to be saying "like that but for everybody" unless there is a specific reason to think they want to exclude certain groups.
- pasabagi 5y ago