Category: Constitutional

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Offering Something To The Other Side

Disclaimer: At the current time, I am affiliated with no party. These observations where made in (what seems like) a very different time.

Maxime Bernier makes policy arguments about why he left the CPC: (a) Equalization formula being unfair; (b) Supply management screwing over Canadians; (c) Free trade not supported by CPC members; (d) Trade war looming with U.S. over NAFTA and tariffs; (e) Corporate subsidies, to Ford, Bombardier, and others, which are a form of welfare; (f) Bloating bureaucracy with new ministers; (g) Vote buying in individual regions; (h) Refusing to discuss immigration and multiculturalism for fear of offending; (i) Pandering to ethnic groups and identity politics to buy votes; (j) Relying on polls and focus groups rather than having principles; (k) CPC has become morally bankrupt and stands for nothing; (l) Politics should be done differently

Andrew Scheer makes personal arguments about why Bernier left the party: (a) MB refusing to accept his 2017 loss; (b) MB is selfish; (c) MB needs to offer ideas and never did; (d) MB is putting personal ambition over party success.

At 0:20 (in the top video), Bernier states: ”My job is to offer solutions from a conservative perspective. Otherwise, what would be the point of getting involved in politics?”

Here is the main point of the article. Bernier started the PPC in order to advance conservative ideas, and to offer an alternative voice to millions of Canadians. However, there are some conservative policies that can benefit more left leaning voters as well, if the benefits are discussed honestly.

In order to attract Canadians from all areas on the political spectrum, it is necessary to offer ideas that benefit Canadians from all sides of the political spectrum. Not to pander to any particular group, but to offer common solutions.

Here are some ideas: (1) Lowering immigration; (2) Questioning identity politics; (3) Promoting unity; (4) Dismantling crown corporations; (5) Environmental Protection.

#1: Cutting Immigration Benefits Low Income Canadians

This is not to assert at all that there are not benefits to limited and controlled immigration. And to preempt any such claims, no, it is not a call to racial supremacy. However, there are a number of valid arguments to support this position:

(a) The employment rate is a supply/demand type of issue. When the number of job seekers (supply) rises, then the relative need (demand) falls. It means more people competing for fewer jobs, and that employers are in a position to pay less. That impacts lower earners the most. This is not racial claim in any way, just acknowledging a fact: more workers for less jobs drives down wages. Ann Coulter explains it very well.

(b) As social justice types like to point out, people usually don’t commit crime because they are bad, but often because of poverty, society, and lack of opportunities. To a degree, they are right. By that logic, wouldn’t it reduce some of the stressers that lead to crime?

(c) Housing prices, likewise, are also determined in a supply/demand fashion. See this article. More people competing for the same amount of housing drives prices up for both buying and renting.

(d) School learning may be drastically altered depending on the demographics and size of the immigration. For example, in California, Proposition 58 overturned the requirement that school be taught in English. Many parents were outraged that American born students were now having lessons taught in Spanish. This isn’t bigotry. The U.S. is an English country. And who attends public schools as opposed to private schools?

(e) Publicly funded health care is something the left claims is fundamental to being a Canadian. And to a degree, they are right. However, with higher immigration rates, it will put a burden on Canada’a public system, especially for those coming from countries where health care is relatively lacking. This results in longer wait times, and it won’t be the wealthy in those long waiting lines. It will be lower income people.

(f) If less money is spent on immigration programs, then there will be more money available to promotes Canadians to have more children. Which socio-economic group would benefit most from that?

(g) Regarding illegal immigration, the above still applies, but with the added downside that it is a slap in the face to those who come through legally. It rewards people for breaking the law, and punishes those who follow the law.

#2: Ending Identity Politics Benefits All Canadians?

This could have been added to #1, but after some thought, it deserves its own category.

That is explained here, here, here, and here. We do not need race hustlers like this, or like this.

While this sounds great in principle, how does one protect their identity otherwise? When hostile and incompatible cultures move to your country in large numbers, is it not your identity that is threatened? Does your way of life not risk being replaced by people who are cohesive, and who vote as a block?

In some sense this sounds lovely, but is unrealistic. The idea of ending identity politics only works when everyone is willing to do it, which of course is not the case.

That said, it still is baffling how people who support identity politics are offended by the idea of a national identity. A nation is reflected by its people. Rather than standing as one unit (albeit with some internal differences), those would support dividing the nation into small tribes that consider each other enemies.

#3: Unity is Our Strength, Regardless of Your Politics

The whole idea of multiculturalism is absurd. Having nothing in common with your neighbours does not make for a strong society. Tolerating everything, including this, becomes more important than defining what a nation is. To repeat, we can have differences between people, and different groups of people, but there has to be something that binds us together.

Civic nationalism is the concept that a nation and its people are held together by civic values, such as freedom and equality. The nation are bonded by abstract ideas, which are shared and promoted within. There certainly is a strong case to made that values and laws bind us.

However, what makes one civic nationalist country different than another? Don’t they all support freedom, tolerance and equality? And besides values, don’t people need something to bond them? If not values, then identity?

Tucker Carlson argued at PolitiCon that a common language is a strong unifier. Vladimir Putin argued that religion is such a unifier. Writer Steve Turley argues that religion and cultural traditions are what hold a society together. Candace Malcolm wrote that diversity is only one part of the picture. Maxime Bernier himself tweeted about focusing on traditions. All argue a form of ethno nationalism. (And no, it doesn’t have to be about race). There are many of these types of unifiers, but the underlying element is that the people have to have something in common. Values alone is insufficient.

Nations have been splitting up over the last century because they had nothing in common. They were balkanised. One exception is East and West Germany reuniting because they had a common language and culture.

It would be far more productive than what the status quo to have an honest discussion about what unites us as Canadians, and how we can make the society more cohesive. Unity is our strength.

#4: Dismantling Crown Corporations Makes Things Affordable

In short, a private business must operate efficiently in order to survive. If it delivers poor service, strikes frequently, or has huge cost overruns, then it goes out of business.

A government agency, for the most part, does not have to worry about such things. It is being supported by the public, and usually holds a monopoly. If it is run inefficiently, just raise taxes. If the workers strike every year, oh well. If the service and employees are truly awful, it doesn’t matter, as they are the only game in town.

2 such examples are ICBC, and Canada Post. Privatizing services where possible leads to more affordable products.

#5: Protecting the Environment Benefits Everyone

The UN global warming summits are a complete hoax. Polluting is okay as long as you pay a tax, or fly tens of thousands of people every year to summits to discuss cutting carbon emissions.

However, that is not to say there are not significant issues to address. There are: lacks of clean drinking water in areas; forest fires in the west annually; issues around oil extraction and pipelines; air quality in some areas; hazards in mining; forestry and invasive species; and many other problems.

The environment should be of everyone’s concern regardless of whether you view it from: an individual point of view, or a societal point of view. Unfortunately, when money and politics gets involved, honesty is about the first thing to go.

Admission: I don’t know nearly enough to advocate for specific policies. However, this is an issue which we have a common interest.

These are just a few ideas to consider, but in order to run a society effectively, something has to be offered to everyone. That said, it is much easier if the society is more homogenous and intact. It prevents fracturing.

Unity is strength.
Diversity (of thought) is strength.

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Canada’s Bill C-76 (Vouch Voting, No I.D. Necessary)

(Voting is critical to a democracy, but there must be safeguards)

The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE

Bill C-76 is now getting its third reading in the House of Commons in Ottawa.

For some additional reading and context, this article covers citizenship and criminality for voting, while this article covers voter ID laws. They cover Canada/US/UK/Australia/New Zealand.

Cased in this omnibus bill, C-76 (which Liberals claim they hated while in opposition), is this, which waters down the requirements to vote legally in a Canadian election. From the summary:

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment….
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(d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;
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(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;
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(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;
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(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;
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(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;

Yes, this is what is seems. (e) allows for Voter ID cards to be used as actual ID; (f) without ID, you can just sign an attestation or have somebody vouch for you; (g) means no signatures necessary in advance polling; (h) No oath needed after all?!

Rebutting those claims:
Leftist and social justice types claim that having strict voter ID laws is discrimination, as it makes it harder for poor people, and disadvantaged groups to get their voices heard. These disadvantaged people don’t often have proper ID or paperwork. They also claim that there is no evidence of “voter fraud”, despite what more right leaning people claim. However, these assertions are easily debunked.

(1) How is it discrimination to ensure that everyone voting has photo identification. There is no discrimination for the simple reason that everyone gets treated the same.

(2) Everyone who is a citizen of Canada or a legal resident has some sort of paper trail. They have a birth certificate (if born in Canada), or a citizenship card (if immigrated legally). However, if someone in the country illegally was trying to vote, then they wouldn’t have “documentation”.

(3) Everyone legally in the country is able to get photo ID, and to imply they are unable to is condescending. This seems like a ruse to make it easier for non-citizens to vote.

(4) There is the rebuttal that there are no documented cases of voter fraud. However, if the person is “undocumented”, then there would be no documentation of fraud. Bizarrely, lefties are actually correct about this.

(5) If, as they claim, large groups are unable to get valid photo identification for years on end, should they really be making decisions on the future of the country?

Now, for some of the revisions in the bill:

ORIGINAL

Alternative proof of residence

143(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who

(a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

(b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

(i) they have received the oral advice set out in subsection 143.1(2),
(ii) they know the elector personally,
(iii) they know that the elector resides in the polling division,
(iv) they have not attested to the residence of another elector at the election, and
(v) their own residence has not been attested to by another elector at the election.

REPLACEMENT

Subsection 143(3) of the Act is replaced by the following:

Solemn declaration
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(3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.‍1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who
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(a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)‍(a) or (b), respectively; and
(b) vouches for the elector by making the solemn declaration referred to in subsection 549.‍1(2) in writing.

ORIGINAL

Name and address corresponding closely to another
146 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.

Person in whose name another has voted
147 If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).

Name crossed off list in error
148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.

Failure to prove identity or residence
148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote

REPLACEMENT

Sections 146 to 148.‍1 of the Act are replaced by the following:

Name and address corresponding closely to another
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146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.
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Person in whose name another has voted
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147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.‍1(1) in writing.
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Requirement before making solemn declaration
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(2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.‍5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.‍7(1)‍(a).
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Name crossed off list in error
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148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.‍1(1) in writing.
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Failure to prove identity or residence
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148.‍1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.
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When elector refuses to make solemn declaration
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(2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

The bill goes on and on. Rather than go through the entire document, here is the takeaway:

The federal government, under the guise of “inclusivity” is watering down the requirements to vote. Demanding photo ID is a necessary step to ensure: (1) that the people voting are who they say they are; (2) that they have the right to vote in an election; (3) that they are not voting multiple times.

This requirement is not excessive, or an unreasonable thing to ask. However, it is an essential step in ensuring the fairness and accuracy of our elections.

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Lawsuit Against Harvard for Racial Quotas Continues

(Harvard University, one of the most well known U.S. schools)

The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE

A lawsuit continues today against Harvard University filed by several Asian students. They allege that Harvard has “racial quotas” to fill, and that Asian students, despite on average having higher academic accomplishment, are not getting offers of admission at the rates they should.

The suit alleges that only about 20% of offers of admission — in continuous years — go to Asian students, even though their population is applying in even higher proportional rates, and that they are on average more accomplished.

Let’s make an important distinction of equality.
(1) Equality of opportunity: Everyone is treated the same. Everyone has the same chances to rise or fall based on their own actions. This creates a merit based society, as is explained here.
(2) Equality of outcome: Different rules are used to ensure certain results are obtained. If 50% of the general population are women, then 50% of the group will be women. If 35%, 25%, and 10% percent of the population are races A, B, C, then the racial makeup of the group will be 35%, 25%, and 10%. This completely undermines a meritocracy, as double standards will almost always have to be used.

The Washington Post linked a transcript in one of its articles. It is worth a read. Although that is appreciated, there were a few commenters in the article that merit listing.

There was Sarah F. Cole, and African American who graduated in 2016, who said: “Race-blind admissions is an act of erasure. To not see my race is to not see me.”

and this one ….

“Tang Diep, a Vietnamese immigrant who is currently a senior, said: “I personally, really believe that I benefited from affirmative action. Like in allowing the admissions process to take into account my race and ethnicity, it allows my immigration history to be taken into account. It allows my own experiences of overcoming the — my racial identity when I was younger and understanding that to really be portrayed….

That is right. These people are actually defending race-based discrimination. Rather, they seem to completely miss the point, while this man didn’t. Disregarding a person’s race for college admissions or job offers is not “erasing” them. Rather, it is treating them equally and fairly.

The EQUAL PROTECTION CLAUSE of the 14th Amendment reads as follows:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

It will be interesting to see how this plays out. The U.S. Supreme Court has already made some rulings on the issue of affirmative action. For example:

Regents of the University of California v. Bakke, 438 U.S. 265 (1978) ruled that affirmative action was legal, but that setting aside a certain number of spots for a specific group was illegal. Actually, this seems to be what Harvard was (allegedy) doing.

Grutter v. Bollinger, 539 U.S. 306 (2003) ruled that the University of Michigan Law School could have affirmative action in order to bolster underrepresented groups, but like with Bakke, specific quotas could not be set.

The Supreme Court has ruled that affirmative action was okay within the parameters of merit, in essence. So equality of outcome is okay, as long as it is done within equality of opportunity. Oh, the mental gymnastics of the Supreme Court Justices.

Race and IQ has long been a contentious topic for debate. So has the topic of race and academic accomplishment. Here is one such finding. And a quick online search will find many studies done which contrast IQ and race.

One development worth watching is the U.S. President Donald Trump is encouraging colleges to stop the practice of affirmative action, and to steer more towards a racially-blind admissions process.

Of course, there is a Canadian perspective of the issue to be shown here. (This is CanuckLaw after all). Affirmative Action is directly mentioned in Section 15(2) of the Canadian Charter of Rights and Freedoms.

>Equality Rights
Marginal note:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

In fact, there is an inherent contradiction within the Canadian Charter itself. 15(1) promotes equality of opportunity, while 15(2) promotes equality of outcome.

Canadian National Railway Co.v. Canada (Human Rights Comm.) and Action travail des femmes (1987), 8 C.H.R.R. D/4210 (S.C.C.) was one such case in Canada, where the Canadian National Railway was ordered to have 1 of every 4 new hires to be women. The Supreme Court of Canada noted that 0.7% were female, and enforced the original Human Rights Tribunal order.

The fact that women were, on average, much less inclined to seek heavy manual labour was irrelevant. The vast discrepancy “had” to be because of systemic bias.

In summary, affirmative action (whether it is racial, gender, or otherwise) should not be a part of society. In a “merit-based” society, people succeed on their positive merits: education, experience, attitude, work ethic, qualifications, etc…. Further, people should fail based on negative traits: lack of experience, lack of education, poor attitude, etc….

As was outlined earlier in the article, there is a huge difference between (1) Equality of Opportunity; and of (2) Equality of Outcome. The former promotes the idea that hard work drives success, while the latter argues all of that should be negated in favour of a “politically correct” group that reflects the general population. These 2 ideas cannot co-exist, as they are contrary to each other.

It will be interesting to see how the U.S. case plays out. The U.S. Supreme Court has (for now) been willing to allow affirmative action to take place in higher education, provided no specific quotas were used. This appears to violate that exception, but we will have to see.

Final thought: A workforce or a college class should comprise a group that works hard. It should not look like a random sample of society …. just because it’s 2015, or some such nonsense.

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Statistics Canada Wants Banks to Hand Over Customer Data

(An Orwellian scheme is being devised here)

If true, this story is disturbing. Statistics Canada wants to collect the banking data from 500,000 Canadians each year.

Statistics Canada claims it wants: “to start collecting, on a limited basis, financial transactions data from banks, as well as other organizations that may process financial transactions data.”

Section 13 of the Statistics Act reads as follows:

Access to records
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13 A person having the custody or charge of any documents or records that are maintained in any department or in any municipal office, corporation, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of that information, shall grant access thereto for those purposes to a person authorized by the Chief Statistician to obtain that information or aid in the completion or correction of that information.
R.S., 1985, c. S-19, s. 13;

So, “anyone” with “any” records of “any” sort MUST disclose them if Statistics Canada believes the information can be used for statistical purposes. That is what the law says.

Furthermore, the Canadian Privacy Act is really no help here. It claims data collection is okay, as long as it relates to its purpose.

Collection, Retention and Disposal of Personal Information
Marginal note:
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Collection of personal information
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4 No personal information shall be collected by a government institution unless it relates directly to an operating program or activity of the institution.

While this seems — at least on paper — to be legal, one could easily argue that neither the Statistics Act nor the Privacy Act were ever designed for this

The transaction data would include:
(a) Description of the transaction
(b) Date and Time
(c) Location
(d) Value of the transactions

The transactions would be linked to a customer by way of:
(I) Name
(II) Social Insurance Number
(III) Date of Birth
(IV) Gender
(V) Address

Spokesman James Tabreke claims that obtaining all the personal identifiers is necessary in order to “gain a snapshot” of certain types of customers. He says that StatsCan is not interested in anyone in particular, but just using the information to observe trends.

Even if this were true, the idea of banks handing over such information “without the customers’ knowledge or consent” is quite chilling indeed.

The math provided by the Global article is confusing.

First, supposedly, 500,000 people’s data is to be taken. It states the odds of being chosen are 1 in 20. That would only be true if there were 10 million people in Canada. There are 36-37 million at this point. Teenagers and adolescents frequently have bank accounts too. So, where does the 1 in 20 chance come from?

Second, if this were being done for statistical purposes, why would 500,000 people need to be selected? Political polling, for example, uses samples between 500 and 2000. A sample of perhaps 10,000 would obtain results accurate to within 1% error.

Third, an omission here: if there were to be 500,000 Canadians each year, would StatsCan be using the data of the same people, and contrasting their behavioural changes, or would it be 500,000 more Canadians?

For media inquiries of the Canadian Banker’s Association:
Aaron Boles
Tel: (416) 362-6093 ext. 350
Cell: (647) 274-8495
Email:aboles@cba.ca

For media inquiries from Statistics Canada:
Media Relations — Media Hotline
613-951-INFO (951-4636)
8:30am to 5:00pm Eastern Time, Monday to Friday, excluding holidays.
E-mail: statcan.mediahotline-ligneinfomedias.statcan@canada.ca

At the time of writing, messages have been left with both institutions.

Tabreke claims that this method of forcing banks to hand over personal data will improve on, and eventually replace the surveys that have traditionally been mailed out. While the honesty is refreshing, it is downright creepy how calm and straightforward he is.

Of course, it leaves out the obvious question — why not get the stores to report their consumer trends? Not customer information, but sales trends. Why go for this invasive tactic?

Yes, that is indeed what he says. Forget voluntary disclosure. We will rummage through your financial life and take the information for ourselves. This is wrong on many levels.

Going cash only or using crypto-currency seem like appealing options at this point.


Followup to the Story
Aaron Boles did return the call quite shortly after this article was published. He stated that the C.B.A. has and will continue to refuse the demand. Although the C.B.A. and banks ”do” comply with most requests from Statistics Canada, this was just too far. Boles stated quite bluntly that banks need to have the trust of their customers, and this would erode it.

The C.B.A. claims that no data sharing proposed here has so far actually taken place. Here is the statement they released to Global Media:

Statement from the Canadian Bankers Association

Protecting the information privacy of their valued customers is a top priority for banks in Canada. Banks believed this proposed data acquisition project was still in the exploratory stages and were not aware that Statistics Canada was moving to compel disclosure of this information. No customer transaction data or other personal information has been transferred to Statistics Canada under this request. The CBA is working with members to understand the nature of this request and next steps.

Further Followup (October 29)
The Liberal government has announced in Parliament that it is okay with the push by Statistics Canada, and claims it is necessary in order to advance government policy. See this video.

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Using Genealogy and DNA to Catch Golden State Killer

James Joseph DeAngelo, the so-called “Golden State Killer”, has been caught using a very controversial method: genealogical DNA testing. See here, and here. DeAngelo is accused of committing rapes and murders over many years.

The short explanation of the method is this: When a person submits a DNA sample to a genealogical organization (and pays the fee), it is done with the intention of learning more about their biological relatives. Even previously known and distant relatives can be found. 2nd, 3rd, and even 4th cousins can now be identified using this technique.

Quite understandably, people submitting DNA to ancestory organizations do so in order to see who they might be related to. Certainly, no one does so with the intention of providing evidence or at least a lead against other distant relatives. This was never meant to be a police tool.

(4th Amendment)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

But here, it gets a bit more complicated. Even if one argues that using DNA set aside for genealogical testing violates that person’s 4th Amendment rights, it is that person’s rights being violated, not the actual target’s rights.

Understandably, many are upset over a clear breach of their agreement.

While DeAngelo certainly deserves to be caught and tried, the method of DNA identification sends chills to many. It will be interesting to see what, if any policies and laws come as a result of this. There will likely be a followup article

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Voting Eligibility (Part 1) — Crime & Citizenship


(Image by WordPress)

Who is allowed to vote?

Well, depending on where you go, you will get a very different answer. Do you have to be of good character? Can you currently vote while in prison? Do you even have to be a citizen?

This topic could fill several books, but this is just a starter piece. The article focuses on 2 main areas: criminality and non-citizenship

Canada, Criminality:
The Canada Elections Act of 1985 used to prohibit a person from being able to vote if they are serving a federal sentence (2 years or more). However, that was struck down in 2002. The Crown conceded it violated Section 3 of the Canadian Charter of Rights and Freedoms, that everyone had the right to vote in elections to govern the country. To be fair though, the dissenting Justices thought that the violations were reasonable. As things stand now, even persons in custody are allowed to vote, and jail officials must make accommodation for them to do so.

American, Criminality
The case of Richardson v. Ramirez (1974), held that the 14th Amendment, Section 2, was not violated in barring felons form voting (called felony disenfranchisement). Since then, the 50 states have written their own laws, and they widely vary widely, from Maine, which allows voting while incarcerated, to voting after release, to Idaho and voting after probation ends, to never voting, to Florida requiring a petition.

Australian, Criminality
Things are a bit different here. For starters, voting is mandatory. There are arguments both for and against it. In the past, anyone serving a sentence of 1 year or more was unable to vote. As it stands now, only those serving a sentence of at least 3 years cannot vote until the sentence is finished.

British, Criminality
The UK is having to revise their policies on letting prisoners and convicts vote, because of the European Court of Human Rights. Originally, they couldn’t, but that is changing. Interestingly, Members of Parliament can keep their seat if they have been sentenced to 1 year or less. So they could hold office, but not vote.

Much Europe has some restriction of voting rights, such as type of offense, and is the sentence fully served.

Laws vary widely around the world. However, the main argument against letting cons, or ex-cons vote is that they have violated the social contract with the people, and hence should not be a part of forming its laws.

Voting by Non-Citizens

While this list is too extensive to go through, many countries do allow permanent residents to vote if they have lived their for a long enough period.

Also many cities, such as San Francisco, Toronto, Hamilton, Calgary, Vancouver, allow voting for permanent residents.

One argument against letting non-citizens vote is that it weakens what it means to be a citizen. What then, distinguishes a citizen from a resident? A second is that the longer time to obtain citizenship is necessary to fully adapt to the new homeland. A third is that it leads to divided loyalty from Members of Parliament/Congress, who will look towards future voters more than current ones. All have some merit.

A push over the years from leftist politicians has been to let “undocumented immigrants” (a.k.a.) “illegal immigrants” vote in elections, as well as to reduce or eliminate voter identification requirements.

Note: Women are now allowed to vote in Western countries as well as many others. New Zealand and Australia led the way.

Author’s Views:
However, things do, or at least should have a limit.

(1) There have been many challenges to Voter ID laws, claiming that it discriminates against people who can’t get identification. The usual claim is wither poverty, or that the community lacks these services. Really, a legal citizen, or at least permanent resident can’t get I.D.?! Of course, if they are “undocumented”, that may be why they can’t get “documents”.

(2)So-called “Sanctuary Cities” are letting illegal immigrants vote which seems bizarre. Why should people in the country illegally be helping to vote in people to draft laws? Seems like a serious conflict of interest here.

It seems that items (1) and (2) are very much linked. Could objecting to voter I.D. requirements be to enable, or help cover up, illegal immigrants voting? Hard to say, there is no “documentation”. Could it be to help “elect” candidates who would push for more immigration and easier citizenship paths?

As for convicts voting, obviously everyone has different ideas. My personal choice would be: (a) not while in jail or parole; and (b) not for serious crimes such as murder/treason/terrorism/drug trafficking/sex offenses.