Non-Confidence & A Meaningless Motion

The following motion is to be voted on today following Question Period:

Mr. Van Loan (Leader of the Government in the House of Commons and Minister for Democratic Reform), seconded by Mr. Nicholson (Minister of Justice and Attorney General of Canada)

That, given the Government has declared the passage of Bill C-2, An Act to amend the Criminal Code and to make consequential amendments to other Acts, as a matter of confidence, and, that the bill has already been at the Senate longer than all stages took in the House of Commons, and that all aspects of this bill have already been the subject of extensive committee hearings in Parliament, and that in the opinion of this House, the Senate majority is not providing appropriate priority to the passage of Bill C-2, a message be sent to the Senate calling on the Senate to pass Bill C-2, the Tackling Violent Crime Act, by March 1, 2008. (Government Business No. 3)

This is part of an attempt by the government to set up a series of opportunities to lose motions of confidence, which also includes the budget and the motion on the Afghanistan motion. While the government is justified in declaring the vote on Bill C-2 in the House of Commons a matter of confidence, this motion is meaningless and hardly a matter of confidence.

This motion is meaningless as the House of Commons has no authority over the Senate and no constitutional right to provide direction to it.

The confidence convention requires that the government retain the confidence of the House of Commons, not the confidence of the Senate.

• Compendium
• Procedure Online
• House of Commons

Parliamentary Framework
Confidence Convention

By constitutional convention, the Prime Minister and the Cabinet are able to exercise authority only with the consent and approval (“confidence”) of a majority of the Members of the House of Commons. Should the Government lose the confidence of the House, the Prime Minister must submit his or her resignation to the Governor General, who either calls an election, or, much more rarely, invites the leader of another party in the House to attempt to form a government.

The confidence convention is a matter of parliamentary practice and tradition that is not written into any statute or Standing Order of the House, nor is it a matter on which the Speaker can rule. However, confidence motions are generally considered to be:

* explicitly worded motions which state, in precise terms, that the House of Commons has, or has not, confidence in the government;
* motions expressly declared by the government to be questions of confidence;
* implicit motions of confidence, that is, motions traditionally deemed to be questions of confidence, such as motions for the granting of Supply (although not necessarily an individual item of Supply), motions concerning the budgetary policy of the government and motions respecting the Address in Reply to the Speech from the Throne.

The question of whether declaring this meaningless motion a matter of confidence makes it a non-confidence motion is moot, however, as the Bloc Quebecois and New Democratic Party have indicated that they will support the motion. Whether the motion has any moral suasion over the Senate is for it to decide,

Any decisions by the Senate on Bill C-2, including extending debate on it, are not matters of confidence. The only way Bill C-2 can be a matter of confidence is for it to be defeated in the House of Commons.

Human Power - Get The Kids Moving

The Ottawa Citizen reports about a new Canadian invention that allows people to generate electricity while they walk and power batteries and electronic devices with it.

The article states:

They also dream of giving youngsters in the developed world access to computers even if they don't have electricity.

"When their laptop starts to run out of juice, they'd have to run outside and play," Mr. Donelan said.

What a wonderful idea. I suggest adapting it to cycling and other outdoor activities and having it charge batteries that can power all children’s electronics. Parents should tell their kids - “If you want your own cellphone, computer, video game or TV in your room that is fine” - but you have to power it with exercise”.

Who knows, once the kids start exercising to power their electronics they might just figure out that real play really is much more fun than virtual play.

I Am Smarter Than A Fifth Grader

Well, at least I am smarter than an American 5th Grader. I got all of the questions correct unaided last night, including the million dollar question. I did happen to luck out on the American history question as it was also a Canadian history question, about the war of 1812. Fortunately they did not ask who won, or they would have been wrong. But then the million dollar question turned out to be an American history question also. But fortunately it was "who was the first American to break the sound barrier". I cannot believe that the neuroscience PhD student missed Chuck Yeager and walked away with $25,000.

While these types of shows are really more about knowledge than intelligence I can still say "I am smarter than a fifth grader".

Omar Khadr: al-Qaeda Says it Best

Ironically, perhaps the best description of Omar Khadr's status as a child soldier was stated by the terrorists themselves, in a biograpphy of Omar Khadr's father, Ahmed Said Khadr, in the "Book of 120 Martyrs in Afghanistan", posted online at the Al-Fajr media centre, al-Qaeda's online news service. The CBC website states that the biography praises Ahmed Said Khadr for "tossing his little child in the furnace of the battle."

Under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which was adopted and signed in 2002, the use of anyone under the age of 18 in combat is illegal under international law. National armed forces are permitted to recruit individuals below the age of 18, but are strictly forbidden from deploying them into combat. Non-state actors and guerrilla forces are forbidden from recruiting anyone under the age of 18 for any purpose. (Military use of children - Wikipedia)

Indeed, do we consider "a little child tossed in the furnace of the battle by his father" a terrorist or a victim. International law requires that we consider child soldiers to be victims not warriors.

Hate and Freedom of Thought

We all hate hate, but does that justify compromising our most fundamental of freedoms.

René Descartes postulated “I think therefore I am”, reasoning that thought is the very essence of our being.

Freedom of thought is guaranteed by the Canadian Charter of Rights and Freedoms which states:

2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.

Freedom of thought is meaningless without the freedom to express one thoughts, thus freedom of thought and expression are interlinked in one statement in The Charter.

Popular ideas do not need protection. The very point of protecting freedom of expression in the constitution is to protect the expression of unpopular ideas. After all today’s heresy may be tomorrow’s science, as history has taught us. And it is those that espouse hate that would love to control what other people think and say. We know better.

The irony of combating hate with restrictions on freedom of thought and expression is that it is these very freedoms that are the best protection against hate. The very worst expressions of hate are those that are institutionalized by governments or corporate media. The best defence against such hate is the freedom of ordinary people to challenge it with logic and reason, without restriction on their freedom of expression.

Take, for example, government censorship and control of information and mandatory versions of history. The truth does not require being made “mandatory” or “official”. It can stand on it’s own. Such mandatory versions of history are virtually always false (with one unfortunate exception which is a subject the Fifth Column will examine separately in the future) and often used to promote hatred by authoritarian regimes.

Government restrictions on freedom of expression to fight hatred can also have perverse effects. Should we make it illegal to insult religion in order to combat hatred on the basis of religion. That is actually not such a huge leap of reason and we have seen what can happen when that leap is taken.

Much has been made of the use of the Internet to disseminate hate but the Internet is the best thing that could happen to the spread of hate. The old way was a lot more work for the hate mongers but a lot more effective. They would target susceptible individuals, often alienated or disaffected youth, and would then befriend them and provide them with an onslaught of controlled information via pamphlets and meetings and oratory. They would only see one side of the picture and this would all be done out of public scrutiny.

With the Internet we all can see the message of hate they are spewing and, more importantly, the target audience using the Internet to access hate messages has unfettered access to all of the counteracting anti-hate information on the web. More often than not the hate mongers will simply end up preaching to the converted, something us bloggers understand all too well.

The only restriction that should be put on freedom of expression is against promoting or counseling others to commit illegal acts that involve violence or cause harm to others and that is where the reasonable limits provision of the Charter comes into play:

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Freedom of expression is too precious to compromise, even with the best of intentions, for the best of intentions can go awry. Allowing the government to decide what are acceptable thoughts for people to express is a very dangerous idea.

We must not let the hate mongers intimidate us into compromising our fundamental freedoms but instead we must take the attitude of Voltaire who wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write”.

What is ... The Contradictions of Airport Security

What is too dangerous to be allowed on an airplane but safe enough to give to poor people.

Click here for the answer.

Send “Across The Universe” Across the Universe

For the first time ever, NASA will beam a song, The Beatles' "Across the Universe", directly into deep space at 7 p.m. EST tonight.

The transmission over NASA's Deep Space Network will commemorate the 40th anniversary of the day The Beatles recorded the song, as well as the 50th anniversary of NASA's founding and the group's beginnings. Two other anniversaries also are being honored: The launch 50 years ago this week of Explorer 1, the first U.S. satellite, and the founding 45 years ago of the Deep Space Network, an international network of antennas that supports missions to explore the universe.

February 4 has been declared "Across The Universe Day" by Beatles fans to commemorate the anniversaries. As part of the celebration, the public around the world has been invited to participate in the event by simultaneously playing the song at the same time it is transmitted by NASA. Many of the senior NASA scientists and engineers involved in the effort are among the group's biggest fans.

You can play the song below:

Out of Control Police Taser Innocent Teenage Girl

Since when is Tasering a teenage girl during an unlawful arrest “in accordance with our departmental procedures”. Apparently when it is done by the Halifax Police.

On Tuesday, Halifax Youth Court Judge Anne Derrick had harsh words for the officers who tackled the girl in her own bed and shocked her twice with a stun gun.

Derrick found the girl not guilty on charges of resisting arrest and assaulting a police officer because the arrest was not lawful.

"The spectacle of a 17-year-old girl being Tasered in her bedroom is a very disturbing and disconcerting one," the judge said in her ruling.

"I find the police acted outside the scope of their authority in arresting [the girl] and that she was entitled to resist and committed no offence in doing so, and I acquit her of the charges before the court."

It is the courts that decide when someone has done something wrong, not the perpetrator. The police are not above the law. If anything they should be held to a higher, not a lower, standard of conduct.

Actually Not - Al Gore

Click image to enlarge
Today’s editorial cartoon in the Ottawa Citizen may not have been intended to be taken seriously but only meant as a lighthearted comment on the current "cold spell" but it still reinforces the stereotype that there is a good side to global warming.

The truth is global warming is ruining Canadian winters. I grew up in Northern Ontario. I know what a Canadian winter is supposed to be like - cold with lots of snow. It only became abnormally cold when it hit 40 below and then you just added more layers and went out to play.

The fact is global warming is wreaking havoc with our winters, ruining our fun and costing us money and lives. Recent years have seen a change from winters of primarily cold and snow to a predominance of up and down temperatures, with rain and freezing rain and drizzle rather than snow. I remember a couple of years in a row when almost every week early in the week we would get nice snowfalls and look forward to a weekend of cross-country skiing only to have it rain on Friday ruining the weekend.

But the excessive amounts of rain and freezing rain due to global warming not only ruins our fun but costs us money and lives. These conditions require the use of much more road salt that we pay for once as taxpayers and a second time as drivers as our cars rust out faster. It also costs us in automobile damages as accident rates increase, not to mention the injuries and lives lost from those accidents.

And, of course, growing up in Northern Ontario before global warming we never had “ice storms” that are becoming much more frequent with economic costs and more lost lives.

There is no good side to global warming. Al Gore would not be amused.

Are Americans Ready to Make History

John Edwards departure from the Democratic Party race means that Americans will have to make history and elect the first black man or the first white woman as President if a Democrat is to become President. Are they ready for that.

The other question is whether the front runners, now even more focussed on each other, are going to fight the Republican Party's campaign for them. Certainly if I was running the Republican election machine I would already be preparing to use the losing Democrat's words against the winning one. I foresee a whole series of Republican Party ads featuring Clinton or Obama telling the American people why the other Democrat is not fit to be President.

It's the American system and after studying Political Science and working for the House of Commons for over thirty years I still do not really understand it, though I do enjoy watching it from a distance.