The menace next door: a dumb America – Paul Wells

Paul Wells takes down Garrett Graff’s supposedly serious piece on the risk of terrorism from Canada:

Well … yeah. Look, one day maybe some terrorists will tire of travelling from Miami to Boston to Dearborn to the suburbs of Minneapolis as easily as anyone else travels in a free country, and they’ll decide to live dangerously by adding an international border to their itinerary. Flying from the Middle East to O’Hare is so boring. I think I’ll fly into Toronto, rent a car with traceable ID, sit on my ass in traffic at the Bluewater Bridge for an hour, then hand my passport to armed guys while my escape routes forward and back are blocked. Allahu akbar! And until that day happens, Homeland Security assets will be far more rationally allocated along the Mexican border than against returning weekenders from Minnesota, because in the real world there are a thousand ways and reasons to die, even if that harshes Garrett M. Graff’s weekend thinkpiece buzz.

Somebody clean up this mess. If you’re interested, here’s Luiza interviewing somebody with something intelligent to say about border security.

Of course, one of the recurring nightmares for the Canadian government and security officials is just that, hence all the measures being taken to reduce the risk.

The menace next door: a dumb America.

ISIS threat could mute objections to expanded anti-terror laws, critics fear – Politics – CBC News

Will be interesting to see if the Bill is narrowly focussed on the stated gaps or whether, as is often its want, the Government over-reaches to the point of provoking opposition.

The oversight issue is critical as more powers are provided. We have seen the risks of lack of oversight in the US, with the CIA essentially spying on Congress among other things:

Independent MP Brent Rathgeber agrees that the current international crisis and threat of homegrown terror “will provide cover for the government to expand the roles of CSEC and CSIS, and what they share with the Five Eyes.”

The Five Eyes is the collective name for Canada and its intelligence-sharing allies — the U.S., Britain, Australia and New Zealand.

Rathgeber stressed some of those powers may very well be necessary, “given that the ISIS threat must be taken seriously.”

The issue, he said, is to balance those national security concerns with privacy rights.”

Security agencies unchecked will grow both in times of imminent threat and in times of comparative security,” he told CBC News. “Therefore it is incumbent on civilian oversight and Parliament to provide checks and balances.”

Even so, he said he’s not expecting to see any increased oversight powers in the new bill — and “given the legitimate climate of fear, or at least concern,” he said, “the public will be complacent.”

By a twist of procedural timing, MPs may find themselves with an opportunity to debate greater oversight when a private members bill, sponsored by Liberal defence critic Joyce Murray, comes before the House this fall.

The bill would create a special parliamentary committee to monitor legislative, regulatory, policy and administrative framework for intelligence and national security in Canada, and review activities of all federal agencies, including CSIS.

Murray told CBC News she “has no problem in principle” with giving CSIS more leeway to keep track of suspected terrorists abroad.But shes not ready to give up on transparency and accountability.

“The absence of parliamentary oversight and review mechanism for our security agencies means an absence of accountability to the Canadian public.”

She’ll need to the support of the government to pass her bill, however, which doesn’t seem to be forthcoming.

“There is robust oversight of national security agencies in Canada,” Public Safety spokesman Jason Tamming told CBC News.

“We are always focused on protecting the rights of Canadians,” he said, adding the government appointed a former Ontario NDP MPP to the civilian oversight body in 2009.

“We don’t need to strike any new committees to create duplicative oversight.”

As to the last point, given the overall Government approach (e.g., cyberbullying bill which included increased surveillance powers), impossible to take seriously.

ISIS threat could mute objections to expanded anti-terror laws, critics fear – Politics – CBC News.

The Best Infographics of the Year: Nate Silver on the 3 Keys to Great Information Design and the Line Between Editing and Censorship

Fields of CommemorationSome neat examples and the principles are well articulated. Some of the use of graphics in the Globe, National Post, NY Times etc buttress his points:

Great works of information design are also great works of journalism.

[…]At the core of journalism is the mission of making sense of our complex world to a broad audience. Newsrooms … place emphasis on gathering information. But they’re also in the business of organizing that information into forms like stories. Visual approaches to organizing information also tell stories, but have a number of potential advantages against purely verbal ones:

Approachability. Human beings have strong visual acuity. Furthermore, our visual language is often more universal than our words. Data presented in the form of an infographic can transcend barriers of class and culture. This is just as important for experts as for laypersons: a 2012 study of academic economists found that they made much more accurate statistical inferences from a graphic presentation of data than when the same information was in tabular form.

Transparency. The community of information designers has an ethos toward sharing their data and their code — both with one another and with readers. Well-executed examples of information design show the viewer something rather than telling her something. They can peel away the onion, build trust, and let the reader see how the conclusions are drawn.

Efficiency. I will not attempt to tell you how many words a picture is worth. But surely visualization is the superior medium in some cases. In trying to figure out how to get from King’s Cross to Heathrow Airport on the London Tube, would you rather listen to a fifteen-minute soliloquy from the bloke at the pub — or take a fifteen-second glance at Beck’s map?

But alongside the tremendous power of information design in making sense of the world is also a dark side of potentially equal magnitude, which Silver captures elegantly:

That information design is part and parcel of journalism also means that it inherits journalism’s burdens. If it’s sometimes easier to reveal information by means of data visualization, that can make it easier to deceive… What one journalist thinks of as organizing information, the next one might call censorship.

But it’s long past time to give information designers their place at the journalistic table. The ones you’ll see in this book are pointing the way forward and helping the rest of us see the world a little more clearly.

The Best Infographics of the Year: Nate Silver on the 3 Keys to Great Information Design and the Line Between Editing and Censorship | Brain Pickings.

Ex-immigration minister Jason Kenney ‘dictated’ niqab ban at citizenship ceremony, court told

I’m with the Government and Kenney on this one.

Not for the stated reason that this allows the citizenship judge and officials to ascertain that the oath is being said (one can mouth the words or move one’s lips with different meanings, and impossible, unless blatant, to closely monitor each and every individual in a ceremony with typically 50 people).

But rather, that becoming a citizen means becoming part of the Canadian society and community, and the niqab is essentially a symbol of rejection of broader participation in the community.

Accommodation requires flexibility on both parties and Ishaq was given the opportunity to be seated in a less visible location:

Government lawyer Negar Hashemi said the case is about finding the “right balance” between respecting differences and maintaining Canadian core democratic values.

The niqab ban, she said, is part of a larger scheme to ensure everyone vows loyalty to Canada. Other non-veil-wearing candidates caught not doing so, such as elderly people with language difficulties, can also have their citizenship certificates withheld.

“There is no hidden agenda in this case,” she said.

Hashemi said Ishaq did not seek accommodation prior to her scheduled citizenship ceremony and declined the offer to take her oath at the front or the back of the citizenship court after the legal action was initiated.

She noted that the applicant unveiled herself to have her driver’s licence photo taken, and the brief unveiling at a citizenship ceremony would be no different.

“She had a choice of becoming a citizen or adhering to her religion,” said Hashemi. “Becoming a citizen is a privilege, not a right.”

Lorne Waldman, a co-counsel for Ishaq, said the Citizenship Act does not stipulate that a candidate must be seen or heard taking the oath — something witnesses for the immigration department agreed is hard to enforce and ensure.

“This policy was dictated by the immigration minister Kenney that there had to be a change, and there’s no willingness to provide any accommodation,” said Waldman, adding that officials confirmed there are fewer than 100 cases a year across Canada where someone wears a niqab to the ceremony.

Ex-immigration minister Jason Kenney ‘dictated’ niqab ban at citizenship ceremony, court told | Toronto Star.

Canada’s true role in the Mideast conflict – Former PM Chrétien

Amazing op-ed and criticism of a current PM by a former PM: Jean Chrétien’s biting commentary on PM Harper:

For example, all the war in Iraq did was to make the region and the world a much more dangerous place. The legacy of colonialism in the Middle East had not been forgotten and was only exacerbated by the Western military intervention in Iraq in 2003, with the consequences we face today. Unfortunately, Mr. Harper did not understand that history in 2003, and he does not understand it today.

He basically articulates Liberal leader Trudeau’s dismissal of the military option but in a more sophisticated way, not incorrectly, and advocates, in concrete terms, what a meaningful humanitarian response would be ($100 m for the World Food Program for refugees, and accepting 50,000 refugees from those fleeing the Islamic State).

His defence of his government’s decision to participate in Afghanistan and assume the responsibility for Kandahar doesn’t quite jive with the excellent account by Janice Stein and Gene Lang in The Unexpected War: Canada in Kandahar, which, if I recall correctly, was led by DND advocacy, not the political level.

Canada’s true role in the Mideast conflict – The Globe and Mail.

Experts cautious about boost in powers for spy agency | Ottawa Citizen

Some initial reactions to the proposed changes to CSIS to allow it to counter extremism and terrorism. Seems like the informant issue may be more problematic than the “Five Eyes” sharing issue:

One measure would let CSIS work more closely with its allies in the “Five Eyes” spy network, which is made up of Canada, the United States, the United Kingdom, Australia and New Zealand. This would allow CSIS to obtain information from the others on Canadians fighting abroad with terror groups, and would allow it to help another Five Eyes country track its nationals working with terror groups in Canada.

A second measure would give CSIS informants the same anonymity that already exists for police sources, who are not subject to cross-examination and can have their identities hidden, even from trial judges.

“What we’re trying to do is give our sources a class privilege akin to that of law enforcement,” said Andy Ellis, CSIS’s assistant director of operations, citing a “chilling effect” on informants without such protections.

“They’re going to have to be fairly careful in how they draft this,” said Craig Forcese, associate professor of law at the University of Ottawa. “The devil’s in the details in terms of what’s in the bill.”

Both changes come as courts have slammed CSIS’s approach to investigations.

Last year, a federal court judge said Five Eyes warrants were being used as a back-door way to spy on Canadians, putting them at risk of being detained abroad.

“If you throw some info over the fence, the allies can do whatever they want,” said Forcese, expressing concern over cases like that of Maher Arar, a Syrian Canadian detained and deported to Syria while in the United States. Arar was tortured during his imprisonment in Syria but later completely exonerated in Canada from any links to terrorism.

Meanwhile, the Supreme Court of Canada ruled in May that CSIS informants already have sufficient protection, with their anonymity decided on a case-by-case basis.

Intelligence expert Wesley Wark served as an expert witness in that case, in which CSIS revealed one of its sources had failed lie-detector tests. He said not allowing informants to be cross-examined in secret trials would be “very problematic.”

“The court said informants need more protection, but not blanket protection. Why are they going to ignore that ruling and introduce something into legislation?” said Wark, adding that he’s never heard of a CSIS informant’s identity being publicly revealed since the agency’s creation in 1984.

Forcese said police informant anonymity has developed in case law — not through legislation — so enshrining it in legislation will require close constitutional scrutiny to make sure the right of a fair trial isn’t infringed.

Experts cautious about boost in powers for spy agency | Ottawa Citizen.

Revenue Canada targets birdwatchers for political activity

This may be the over-reach that helps clarify the issues – targeting birdwatchers (see earlier Canadian charities in limbo as tax audits widen to new groups – Politics – CBC News):

But longtime member Roger Suffling is speaking up, saying the issue is about democratic freedom and not about arcane tax rules.

“Effectively, they’ve put a gag on us,” he said in an interview, noting that the letter arrived just after the club had written directly to two federal cabinet ministers to complain about government-approved chemicals that damage bee colonies.

“You can piece together the timing,” said Suffling, an adjunct professor at the University of Waterloo. “The two things are very concurrent.”

Environment Minister Leona Aglukkaq responded to the group’s complaint in a March 14 letter — or just days after the Canada Revenue Agency letter arrived — and Suffling is convinced the two events are linked. Aglukkaqs office denies there’s any link, saying the agency operates independently.

Suffling said that if government is using the tax agency as a “pit bull to stifle dissent, then there’s something very wrong.”

Revenue Canada targets birdwatchers for political activity – Politics – CBC News.

Surrey’s Radio India to cease broadcasting

Expect in the long-run, as the recent CRTC television hearings and Netflix and Google testimony indicated, fighting a losing battle as more and more radio and TV shifts to the Internet, beyond the control of regulators:

The CRTC made it clear during Wednesday’s hearing, and with the consent orders, that it will no longer put up with stations that defiantly produce all their broadcasts, and collect 100 per cent of their advertising dollars, on Canadian soil without operating under Canada’s broadcasting regime.

That scenario has existed under the nose of not only federal regulators but Canadian politicians who beat a path to the doors of the pirate radio stations.

“Radio India is regarded as a must-do communications vehicle for politicians,” Gill, who last week mailed photos of himself with Canadian politicians, boasted Wednesday in the same presentation in which he promised to shut down operations. “The B.C. premier, members of parliament, MLAs, city mayors and councillors have been visitors to Radio India studios.“

Radio India has interviewed past and present prime ministers of both Canada and India. During elections, Radio India is chosen as a vehicle to connect with the South Asian community.”

Two CRTC-licensed, B.C.-based Punjabi-language competitors to the pirate stations testified by a remote hook-up Tuesday, saying their unsanctioned rivals have had an unfair advantage in scooping up millions of advertising dollars, including the estimated $2 million to $3 million that Gill says goes annually into Radio India’s coffers.

CRTC-approved broadcasters pay costly licence fees, copyright tariffs and must meet Canadian content rules, said CKYE-FM Red FM lawyer Mark Lewis, who testified along with Spice Radio formerly RJ 1200 owner Shushma Datt.

Surrey’s Radio India to cease broadcasting.

Veiled Women Need Not Apply « The Dish

Interesting US reasonable accommodation case with respect to the hijab and Abercrombie & Fitch (the company, while allowing a yarmulke, argued against the hijab):

The company has changed its dress code since then, but it’s fighting this case on the ground that it didn’t deny her a religious accommodation because she didn’t ask for a religious accommodation. That is, it had a dress code that applied to everyone, and she violated it, so she was treated like anyone else who fails to comply with the dress code, not subjected to discrimination based on religion.

If she’d asked for an accommodation based on religion, the company would have had to make some conscious decision about whether an exception to the usual rule could be made. Without having been given that chance, the company argues, there’s no discrimination, the company says. The EEOC, which brought the case on behalf of Elauf, doesn’t want the burden to bring up religion to rest entirely on the employee.

Veiled Women Need Not Apply « The Dish.

Cultural competence: An essential skill in an increasingly diverse world – Slaw

Short article on cultural competence with respect to lawyers. Starts with awareness:

Instead of trying to be “culture-blind” a common strategy of minimization, a culturally competent lawyer should strive to build a working knowledge of behavioural predictors: cultural dimensions of behaviour that are shared by the majority of individuals within a cultural identity. Unlike stereotypes, behavioural predictors are grounded in science for example, anthropology or sociology and allow the user to assess a person’s behaviour against cultural generalizations.

Cultural competence: An essential skill in an increasingly diverse world – Slaw.