GND, MLK and my Challenge to the CLASSE’s Ex-Spokesman

November 10, 2012 § Leave a Comment

Last semester’s student uprisings were a pretty big deal. I think everybody can agree on that. At the head of the this big deal, the representatives of the student movement were put under the media’s spotlight, and extensive coverage of student union-initiated activities were presented at every news outlet. The camera is something powerful: it adds 20 pounds, it never forgets, but most importantly it fortifies one’s hubris. If the ensnaring glare of the lens caught Gabriel Nadeau-Dubois (GND), the CLASSE’s ex-spokesman, only he will truely ever know. However, some of his wacky declarations certainly point to the fact that he did succumb, most notably  his repeated calls to disobeying court orders.  Since then, he has been bitchslapped by the long arm of the law: accused of contempt of court, found guilty. Recently, he has announced that he will go against this verdict in superior instances on accounts of the fundamental right to freedom of speech as guaranteed by the Charter of Rights and freedoms.

I’d like to reiterate a couple of key points before I get to the point:

  1. His first attempt to legitimize his call to disrespecting the law was built on the idea that it went against the student’s right to union activity, picketing and all. In fact, there legally never was such a right, the law on student unions not  explicitly recognizing any such right. These principles were cheaply copied over from legal works recognizing worker’s unions, which are a whole different ball game. None of this seems to matter to supporters of the student movement, because once an organisation dons the name of union, it’s natural rights, ie: every single legal concession ever made to union since the beginning of the history, must be recognized by the state. At least according to them. Why? Because anarcho-syndicalism is why: no state can have a say on the righteous acts of a naturally formed union. This apparent desire for the loosening of the legal definition of a union is in itself a lack of respect for the law and the institutions which enforce it.
  2. By nature, solidarity is strong between union movements. So strong in fact that GND has received funding from unions to pay for his defence. I was unable to find either the amounts that this funding represents, whether or not members of the FEC-CSQ even voted on funding such a legal endeavour, and if they did, how many of them did. Transparency isn’t exactly a value highly held in this kind of organisation anyways.
  3. All of last spring brought to light, by accident most likely than not, a very old debate: that of the legitimacy of civil disobedience. In fact, the word came to be used so often in so many contexts that I boycotted it, and replaced it with shit-disturbing, partly for fun, and partly to promptly let it be known in discussions that I wasn’t very pro-student. MP Amir Khadir came VERY close to also getting charges for comtempt of court, when he claimed the legitimacy of civil disobedience in the case of injust laws, specifically  Bill 78, according to the principles  applied by Gandhi and Martin Luther King Jr in their respective struggles for fair treatment. Directly, this was an absurd attempt at drawing parallels between completely different contexts. Indirectly, it was both enormous praise to the student leaders, and the perfect theoretical justifications for the continuing of shit-disturbing.

Coincidentally with the release of GND’s verdict, one of my university teachers distributed a complementary reading on the contemporary successors of Saint Thomas d’Aquin, in the form of Martin Luther King Jr’s “Letter from a Birmham Jail”. He did it mostly as a tip of the hat to American political thinkers,our class taking place on the day of the presidential elections, but I think that most of us immediately made the link to last spring’s events. From that handout, here is a short exert on the legitimate use of civil disobedience:

In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with the willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust  and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over it’s injustice, is in reality expressing the highest respect for law.

I find in this passage wisdom which I have not witnessed in the declarations of student leaders, who were much more revolutionary in their aims. This is another reason why Khadir’s likening of the students to MLK is completely ridiculous: the intentions of the latter obviously wanted to use anarchy to their advantage, while to the former this is definitely not the case. MLK shows, in a self-sacrificial way, his utmost respect for the law and the institutions that enforce it, by willingly accepting his sentence as a catalyst to the enlightenment of his peers, an action necessary to the attainment of the greater good. The only likeliness between the students and MLK are the concepts of enlightenment and greater good, which were central to the student movement’s rhetoric.

At the light of this, here is my challenge to GND: suck it up. You spearheaded a movement which in it’s methods and aims was revolutionary, so of course repression from the existing legal framework was inevitable. Going into higher instances won’t work out: your actions, if left unpunished, open up a gigantic precedent that makes obedience to court  orders mandatory. No judge will ever let you get away with that. So you have two choices.

  1. Fight till the end to ultimately lose, syphoning union funding left and right as you go. This solution is arguably not the best in terms of greater good: much could have been done with the money you have wasted in procedures, amounts that are in the end paid by the union workers through their contributions to the CSQ, and the public at large through their taxes.
  2. Quit being such a little bitch and go to jail like a man. Every revolution needs it’s martyr, and if you think highly enough of your cause, you’d do like MLK did and be that martyr by submitting to legal authority. The greater good, remember? Take one for the team. If you want to put on a show, ditching your lawyer asking for maximum jail time would surely cause a stir, but there’s no need to go through all that. Just get to the courtroom, state off the bat that you will be resorting to your right to silence, and STFU for the entire hearing. Serve your sentence, and enjoy your new-found status of martyred syndicalist, the Michel Chartrand of our generation. Surely your future employers will appreciated this credibility anyways. And hey, if it worked for ending segregation, it’ll probably work for obtaining free university-level education, right?

In times where you lose, the only difference between being a man and a coward is accepting full responsibility for your actions. Grow some balls and end this honourably  Here in the land of no-fault, it would be fun to see somebody take responsibility, for a change.

Strikes, Boycotts and Court Orders: Torwards Dangerous Precendants

May 16, 2012 § Leave a Comment

In this battle against tuition rise, the students have many things going against them, and right after the government itself, the second biggest shit disturber is without a doubt the inside resistance from certain students. Those students, whether ideologically opposed to the whole concept of this “Revolution Erable” or just simply fed up with not being able to study, have been turning to the courts since the Laurent Proulx case. Indeed, since the legislation surrounding the formation of students unions does not recognize the right to strike or the right to picket lines, many court orders have been issued to order the schools to resume dispensing class. It’s one thing to get a court order, but as the media reports, it’s a whole other thing to get that order carried out and respected. So far, some schools have remained shut down due to illegal picket lines carried on despite the order, and some ballsy teachers have went as far as to dispense their students of class out of their own initiative in support of the movement. This blatant disrespect of the law is a problem, a major one at that , with two causes: on one side the students, and on the other the teaching staff.

The problem with the student movement is that that their complaints on disrespect of syndicalism (and by their logic democracy at large) on the government’s part are based on the fact that they believe themselves to be a full fledge union, with all that this includes. To them, who seem to think that all the aspects of syndicalism are inherently applicable to any organisation that claims to be a union, there is no difference between a trade union and a student union. A strike is always legitimate if it was voted upon favourably by it’s members, picket lines are the natural byproduct of a legitimate strike and must therefor be respected, and anybody defying the strike, within or outside of the organisation is a scab. Unfortunately for them, in a legally constituted state such as ours, this anarcho-syndicalist vision of things is not only invalid, but illegal. As grown-ups, I am sure that militants from the student unions understand that they only need to be nice and obey the law when they want to; what I WISH they would understand is that choosing to disobey the law inevitably brings consequences: namely fines, imprisonment, and all that unpleasant stuff. This is my main critique of the movement as of now: their inability to accept the consequences of being self-proclaimed revolutionaries with an agenda based on civil disobedience. If your cause is important enough to warrant throwing bricks at the defenders of public peace, shouldn’t it be important enough for you to sacrifice a couple of ribs to a policeman’s baton?

Teachers are the ones that get it real easy in all of this. Many of them are members of the same big-shot unions to whom many student groups are affiliated, and consequently share the same vues on the whole issue of legitimacy of the student boycott. From my own experience with CEGEP teachers, most of them seem to have grown very fond of the Quebecois societal model of which they are now  part of. Who can blame them for that, really?; biting the hand that feeds you is not a very intelligent behaviour.  My gripe with the teachers isn’t so much on their manifestation of political allegiance , but rather the cozy conditions under which they have the leisure of doing it, in absence of any potential consequences for supporting the student movement. They have been known for cancelling class for phony concerns of security, respecting  picket lines that have no legal value, and on several occasions  have even  using class time to fill the ranks of the student protesters; all this while receiving their pay in full, something guaranteed to them through generous labour agreements. In this series of events, teachers are inside men, mercenaries hypocritically bleeding the government from it’s very entrails while their student counterparts call out of the poor financial management of our network of  public universities. Common sense says that if they aren’t in the classroom teaching, then they shouldn’t be paid; it’s as simple as that. But sadly, in this province, common sense does not seem to apply.

All in all, the most dangerous part of all this disrespect of our judicial system is the chance that we might be setting precedents. Public demonstrations are, within reason, legal and legitimate, but all that surrounds them and that is not must not be taken lightly. I’m talking about the illegal picketing lines and blocking off of schools to students in right to receive their education, and the disrespect of court orders by students, teachers and management staff. I’m no  expert on the matter, but I’ve been told that in court-room practice, law is based on both written legislation and case law. I believe that the same thing type of two-sided conception of the law occurs in peoples minds: it’s one thing to understand textual law, but it’s a whole other to know the intricacies of it’s application. By not swiftly enforcing the law and court orders, the authorities are allowing a distortion of the population’s idea of the application of the law, a devaluation of our legitimate means to justice. If we set precedents now, what is to become of it with in other instances of the manifestation of popular concern? I’m all too afraid that if we give an inch, they’ll take a mile, and for that reason, police forces push on in ensuring that the law is observed.

This is why I am very critical of the proposed “special law” proposed by the government as a solution to the current crisis. Such legislation is not only totally unnecessary as the students have no legal backing, but would be quickly picked up by protesters as an overly authoritative, anti-syndicalist action by a government who is at wit’s end. Past laws like these applied to regular employer-vs-employee strikes have always seemed morally wrong even to my essentially anti-syndicate self, never mind to those who actually believe in the concept of unions.  If anything, this law would add fuel to an already very lively fire.

My position on this situation as a whole is very simple: deep down, this whole debate boils down to a cleavage between each group’s fundamental conception of democratic institutions, responsibilities of governance and state involvement. With these matters, the status quo can only be broken by one thing. Elections. Hold on to your horses, they’re coming soon enough.

Backyard Revolutionaries

April 19, 2012 § Leave a Comment

Ten weeks later, the province-wide conflict between students and government over the rise of tuition is still raging on. In the beginning, it was strictly about tuition, because students unions are OBVIOUSLY not politically affiliated with any political movement, party, or trade union. But now, funny enough, the debate seems to have opened up to much wider questions of governance… or at the very least, some people seem to be very eager to make it so.

The almost-daily protests are quickly transforming into what they were doomed to become, an all-out revolution-themed shit-show, with abstract concepts like democracy, liberty, equality, and justice as a theme, but without any forethought to what those words actually mean. Many protests organized by student unions not only aim for accessible education, but are also calling for a “struggle for social justice” at large. Others have even had the arrogance to come up with the term “Quebecois Spring”, an outright disrespectful reference to the events in which Arab populations fought REAL opression. Of course, all this revolutionary talk wouldn’t be complete without dusting off our old complexes on our collective identity. An event has been organised in Montreal to discuss themes like our existence as a unique and distinct nation, an intelligent, resourceful people, how much capitalism sucks and how we are worth better; because you know, there hasn’t been enough of those in the past 50 years.

I find it ironic, and frankly a bit sad that we are repeating the same behaviours that got us in this situation in the first place. All these events that we were told in school to consider as capital turning points of our existence, those of the Quiet revolution, are repeating themselves. Exaggerated enthusiasm for “progressivism” (I hate that word, more on that later), the worship of our providence state as if it were some sort of god, the demand for free this, universal that, state-monopolies here, oppressive regulation there; from what I’m getting, this is what theses protests are going for. It didn’t work the first time around, what makes you think that it’ll work this time?

So, who is backing this up? The usual suspects, the left-leaning and nationalist intelligentsia. Because it’s awfully convenient. In a province of emotive electors and political incults, what better way to give your project some appeal than backing it up with a tale of epic struggle against the evils of the Canadian governement and the free market? The amorphous mass, the 5 o’clock news watchers, what better way to stir them into voting radically than to show them a televised revolution? This, to me, a disgusting attempt at transforming the inertia of legitimate popular concern into political capital of sympathy.

At first, I wrote this long, angry article about this situation, but I scrapped it. Because frankly, in the end, all of this agitation isn’t going anywhere. The socialists and nationalists are feeding the fire of protest with old junk they found buried in the back yard, our constitutional failures, our pathetic referendums, our angst and discomfort with our identity as North-Americans. That might work for a while but eventually, they’re going to choke the fire out. Despite our gaudy pretensions, our firm belief that we are worth better, we just don’t have the balls for a real social change, let alone a revolution. In the end, we are but backyard revolutionaries.

Nanny State Strikes Again: Quebec Enforces Zero BAC Policy on Youth

February 18, 2012 § Leave a Comment

It’s been in the air for a while now, and nobody ever really took it seriously, but yesterday it got real: as of next April (approximate date), the Liberal government of Quebec is tightening up the Code de la Route to remove young adult’s right to drive a vehicle with under 0.08 mg/L blood alcohol content (BAC), and will be enforcing a strict zero tolerance policy on alcohol for all drivers under 21. The media and those favorable to the mesure recommended by the Table québécoise de la sécurité routière are calling it an honest attempt a reducing mortality amongst the youth in road accidents, and a catch-up on what is being done in other provinces. I’m calling it yet another undue interference by the government and a perfect example of how the nanny state is restricting our freedoms and killing off the concept of personal responsibility.

I am not of the those libertarian, border-line anarchists a la Ron Paul who condemns every single attempt at regulation with one hand on the flag and the other on the heart, screaming for liberty. I am however, or so I like to think, a logical thinker, and to me, removing the rights to 0.08 BAC to what is legally considered adults here in Quebec is totally illogical. What becomes of young adults aged 18-21? Are they no longer true adults in the eyes of the law? I was raised to believed that a privilege always has a counterbalance of responsibility ; we are stripped of a privilege, what responsibility are you also taking away to compensate? From the time I turned 18, I was asked to jump through the hoops that every other adults has had to jump through, file my income taxes, pay my dues and contort through the maze of bureaucratic procedures relative to school and healthcare, why in hell would I not be considered like a lesser adult?

Pushed further, it becomes clear that the logic behind the Table’s recommendations for the measure makes strictly no sense. De Konick defends this initiative by presenting statistics on automobile accidents saying that young people are more likely to cause fatality won the roads, in a way which doesn’t directly correlate accidents in which young adults are involved and the presence of BAC less than 0.08. He says that since young drivers are more likely to get in an accident, young drivers under the influence of alcohol, even if minimal, is twice as dangerous. Nowhere does he mention that youth are more frequent offenders with regards to drunk driving. De Konick is adding 2 and 2 and getting 8. If young males are more at risk of getting in a fight, and if bars are statistically more violent places, does it make sense to restrict legal age for going out to 21, but for boys only? This asymmetry in the concept of adulthood is unacceptable, and I fear that giving in to such incongruent practices might set a precedent that would open the door for other such pieces of legislation.

I find it particularly funny that this measure is announced right after the Parti Quebecois has positioned itself in favour of lowering the voting age to 16 years old. Everybody has had this reflection: why is it that a teen can give his life to his country at 16 years of age in the US but can’t purchase alcohol? “Stupidity is not exclusive to the youth,” said Stephane Bergeron defend his party’s orientation. I wholly agree… I’ve seen 40-some year old man-childs rake up DUI’s just as much as I’ve seen friends take the wheel after a couple of drinks. Obey the law or go to jail if you get caught with solid proof, it should be that simple. In the end, the message that the adoption of this new legislation is sending out is that 18-21 year olds aren’t responsible enough to be entrusted with things like the assessment of their capacity to drive. What other things aren’t we responsible enough for? All this goes a long way in showing how Quebec’s socialising tendencies are getting out of control. When your government starts putting more value in statistics and modelized analysis of risk factors for car accidents than in responsibilization of the youth, you know something has gone wrong.

Now that it has been announced, there pretty much is no going back, unless an election comes around very soon and aborts the adoption of the measure, which I hope it will. In the meanwhile, enjoy the times when you can still have a beer or two before going somewhere with your vehicle… because it’ll most likely be gone to never come back.

2011 Elections: Everything is Possible

April 27, 2011 Comments Off

The current federal campaign surrounding the upcoming elections (in less than a week already!) has been many times labeled as flavourless by many media outlets. The very minute that parlement was suspended and that the government was out of office, everybody was expecting a repeat of the last federal elections: a month of futile of partisan brawl that would eventually result in another Conservative minority. Every party would get it’s usual seats, and life would go on.

The polls published in various newspapers however have brought a new dynamic to the campaign, that many discribed as Jack-mania. This wave of support for the NDP’s leader is causing turmoil all across the country, and especially in Quebec. While the polls are suggesting a Conservative minority with the neodemocrats forming the opposition, I believe that those drastic changes in vote intention over the last election’s results could have much deeper implications in the forming of our next governement. According to me, two scenarios must be considered if we are to try to guess the outcome of the upcoming elections.

First scenario: The support for Jack Layton and his party is impressive on paper, but will yield little to no additional seats for the party in the House of Commons. The NDP, it is was mentionned by many at the beginning of the campaign, has had much less ballots than the polls had predicted it would back in 2008. Why? Probably because of the laziness of their target demographic: it is of public notoriety that those who ideologically support social measures and a left-leaning governement usually participate very little in the elections. I’m looking at you, students and lower-income families. In Quebec, the feeling is that most of the seats that the NDP will steal from the Bloc will be won with votes from Blocist deserters, usually more inclined (I have no evidence to back this up mind you) to get their asses to the polling stations than the NDP folks. In the ridings where the struggle is more intense, specially in places like the Maritimes where the party is also experiencing massive gains in polls, the absence of a disciplined electorat will atomize the vote for Jack’s Party. Lets also not forget that raw votes are nothing if you don’t get the seat in the end… If the NDPs votes concentrate in certain circonscriptions, they have much less chance of becoming the opposition.

Second scenario: Conservative minority, NDP opposition. Betting on the fact that no opposition party has any intention to overthrow the governement over the first presented bill and make the governement even more unstable than it currently is, the Conservatives will present the Flaherty budget without modification for approval by the assembly. This cocky move is nothing that the Conservative Party is incapable of. The opposition, with nothing to lose, will vote against the budget, a choice that is concurrent with the one that threw us in an election in the first place. According to the constitution, the governor general can, in case of governement instability (aka a new executive being voted out within a couple of months of it’s election), choose to use alternative measures to form an executive. Does that sound like 2008 to anyone? Except in this scenario, Ingitieff is positionned strongly against a coalition and the Bloc would be almost absent… leaving only the NDP to form the government.

Woops, NPD is now in power. Is this what Jack means when he says that he is ready to become in Prime Minister? Coming from the smart man that is Mr. Layton, it wouldn’t be surprising, specially not in this period of electoral high very conducive to wishful thinking. Is this a good thing for the country? For supporters of the NDP’s program, apparently geared torwards social utopia, sure. But keep in mind that another minority government, specially one that DIDN’T win elections, will get kicked out rather swiftly by the older parties at the smallest mistake. The NDP’s young and unexperienced staff (which includes blonde bombshell, restaurant manager and Hull resident[!!!] Ruth Ellen Brosseau from my riding) will only catalyze this inevitable expulsion.

I know I’m repeating what everybody in the press has been telling you for the past 3 weeks, but on the 2nd of May, do go out and vote. It’s your DUTY as a citizen to do so, even if it means canceling your ballot. Not to mention that it would be horrible for Canada to be second to the US in terms of participation in the elections.

When the Press Perpetuates Ignorance

March 27, 2011 § Leave a Comment

Quebec doesn’t have a very big appetite for politics. Being totally bilingual, I get to compare the content from the English Canadian media outlets to their French counterparts, and this lack of interest for politics is something that you get to notice pretty quickly when you have a standard to compare it to. On weeknight TV at stations like CBC, it seems (and I’m going by gut on this one) that much more time is put on actual important issues like local, provincial and national politics, and less on silly human interest stories (hrm hrm, looking at you TVA!). Maybe it’s a cultural thing, but we French Canadians don’t have shows like RMR or 22 Minutes to make politics less dry, and when our stand-up comedians mention the subject, it usually just ends up in politicos bashing using overworked stereotypes.

As a person who enjoys learning about politics on all levels and humanities in general, I am greatly disappointed that my community puts so little interest in the system that makes our nation work. So just imagine what I feel when I see an atrocity like this in the paper:

Journal de Quebec, March 26th

Journal de Quebec, March 26th. Translates to "It's On (again)"

That’s not journalism, even by the Journal de Montreal/Journal de Quebec’s low, low standards. That’s outright anti-journalism. Dumbing down the masses, polarizing cynicism and encouraging the stagnation of politics in our nation. The “It’s on!” part I can get. But, for sensationalism’s sake, they just HAD to include the “again” part, that perpetuates the idea that elections are unwanted, for reasons that Vincent Marissal did a fine job of underlining in last week’s La Presse. From the very start of the campaign I’ve had to deal with this kind of cynic crap. The complaint on cost is very popular apparently, as I’ve had the “another couple hundred million dollars down the drain” type of talk many times since the campaign started. People, get it straight: a federal election 3 years into a minority government is not something out of the ordinary, and the mechanism surrounding the fall of the government is ESSENTIAL to democracy in that it prevents the undue preservation of power by the executive against the will of the people, via the opposition.

This front page tells loads about the Journal’s prime target audience: cynics, ignorants, people who always want more but never do more, who have an opinon on everything yet have nothing to back it up. I kind of want to hate Quebecor for this (despite the fact that their flamboyant victory over the STIJM made me pretty giddy), but after all, who’s to blame? The population, they’re the ones who chew up that kind of crap; come to think about it, JdM and JdQ reader’s appetite for garbage is the only thing that kept the papers afloat on such a long strike.

You want a government that’ll last five years? Give tories a majority, I guarantee they’ll squeeze out every last drop of their mandate. Just don’t be signing petitions to kick out the PM 3 years from now.

Bill C-32: Arming the Canadian Entertainment Industry

December 15, 2010 § Leave a Comment

It’s no surprise that the entertainment industry has been going through massive pressure for the past 10-15 years. The internet boom has changed how we communicate and consume information and entertainment, and as with all forms of change, the new situation will require some to adapt… hrmmm hrmmm, looking at you, entertainment industry.

Canada for the past years has been considered as a copyright safe haven for file sharing sites and communities because of a combination of unwillingness of the authorities to go after the inoffensive consumers that the industry calls pirates, and the more lax copyright laws. While trackers in the US are constantly getting harassed with cease and desist notices that quickly degenerate into expensive trails and fines, we Canucks are the home to many communities like isoHunt that thrive in an environment where the long hands of the industry lobbies can’t reach. Because of our more permissive laws, consumers may enjoy their digital content as they wish without the fear of being nailed by big-shot lobbies. This is obviously not what the entertainment industry wants, and lobby pressure is rising on the Canadian legislative assembly to pass new laws that would tighten up the control of media in general. After Bill C-60 in 2005 and C-61 in 2008, the industry strikes again with a proposed Copyright Act update under the form of bill C-32.

I am in no way a partisan of the anti-copyright movement, and I believe in a certain control of intellectual property is necessary in any developed country, so don’t think this post is going to be all about bashing on C-32 and it’s proposed reforms and updates. C-32, for the most part, boils down to legitimate rewriting of the Copyright act to reflect the new reality that the internet has brought along; some of its major modifications though have more resemblance to whims of the entertainment industry than to amendments that would serve the average Canadian and protect the artist’s rights. In this blog post, I will expose the aspects of C-32 which I believe should be altered or removed: most of them have already be covered and interpreted by various groups and individuals, but if my post can bring just a handful of people to get involved in blocking this bill, then I’ll be the happy.


Putting a Choker on File Sharing

Paragraph 18 is the first sign of industry pressure on the legislators, and probably the part that is most hated by the IT / internet savvy folk of Canada and operators of websites or services like BitTorrent trackers hosted here. Paragraph (18) proposes the addition of paragraph (2) to the Copyright Act, which contains very controversial text at section (2.3):

(2.3) It is an infringement of copyright for a person to provide, by means of the Internet or another digital network, a service that the person knows or should have known is designed primarily to enable acts of copyright infringement if an actual infringement of copyright occurs by means of the Internet or another digital network as a result of the use of that service.

I am no legal expert, but according to my understanding section 2.3 would pretty much make facilitation of electronic piracy illegal. Because the proposed law is so unclear, the definition of what is a system “primarily designed to enable acts of copyright” would have to be decided on by a judge, but the sure thing is that this addition would open the door to a legal crusade against piracy a la RIAA/MPAA who are known to invent numbers about what actually goes on file sharing sites and BitTorrent trackers. From then on, the whole thing can just snowball into a legal free-for-all: once the industry has injected enough money in lawyers to have one case won, case-law is created, making it easier them to win in future trials. I will not go over the advantages of the many new cloud-hosting and file-sharing technologies as these are very well-known, I have to remind you that making illegal not only the act of sharing but also the systems the systems people use to infringe we are putting at risk a large part of the new web technologies that makes the web more democratic and user-powered.


Draconian Enforcement of DRM

Paragraph 22 of C-32 also proposes a rewrite that most would consider unreasonable, through the addition of section (29.22) concerning reproduction for private purposes. The amendment is mentioned as an addition, leading to believe that there is absolutely nothing about reproduction for private purposes in the current Canadian Copyright Act; most would think that defining personal copies as a right in the eyes of the law would be a good thing, but paragraph (1)a) within section (29.22) quickly reveals that this addition wasn’t written to benefit the average consumer. It reads as such:

29.22 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter or any substantial part of a work or other subject-matter if
[...]
(c) the individual, in order to make the reproduction, did not circumvent, as defined in section 41, a technological protection measure, as defined in that section, or cause one to be circumvented;
[...]

Put shortly, Circumventing DRM to make copies of anything would be made illegal and subject to substantial fines; yet another binding in today’s world where digital devices multiply. What if I want my old iTunes store purchases to be read on my 6th computer? That would be illegal. Copying or ripping DVDs for viewing on a device without an optical disc? Yup, illegal. And don’t even start thinking about archiving your growing collection of Blu-ray disks.

Everybody knows that the only thing DRM does is kill sales and annoy end users… guess why O’Reilly and Apple have dropped DRM on their respective distribution platforms? Right’s management technology isn’t going to get anybody anywhere. I’d like to think that this part is just a mis-judgement by our MPs… but sadly it’s most likely the result of the lobbying of an industry that just doesn’t want to take the leash off it’s products and content.


Making your ISP a Snitch for the Industry

For me, the most shocking of all amendments in C-32 has to be one of the last ones: Section (41.25), named “Provisions Respecting Providers of Network Services or Information Location Tools“. Unlike most of the other modifications proposed which will only affect consumers who consume digital media and want to manipulate it as they wish, 41.25 will most likely affect every Canadian with an internet connection. This hasn’t gotten much media coverage due to everybody focusing on the DRM control portion of the bill, but it should be taken seriously as it represents a very serious menace to Canadian net neutrality. The totality of proposed paragraph 41 is and addition to the current Copyright Act… none of it is currently in place, and that’s a pretty good thing if you ask me.

The section provides copyright holders ways to send to copyright thefts a notice of infringement and build up a case that could eventually presented in court. Where it all goes wrong is at subsection 41.26, where the ISP, upon receiving and forwarding the infringement notice to their user, must “retain records that will allow the identity of the person to whom the electronic location belongs to to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received”, or for one year if the clamant takes judicial proceedings in the six months following the delivery of the infringement notice (41.26(b)).

Initial reading immediately shows an obvious violation of the Canadian people’s online privacy and total disregard for net neutrality: allowing the industry to force your ISP to keep your personal information in a file for their own use is in itself outrageous. But the real damage comes when considering the logistical challenge that such a system of a registry represents for ISPs. Any provider with a dynamic IP system will be forced to manually maintain a registry that cross-references IP address, timeframe of IP occupation and customer information. If the situation is anything like it was in the US with the RIAA and MPAA sending infringement notices left right and center through hired law firms, those registries will undergo explosive growth, which will in turn create additional costs for the ISPs. As always, the customer will end up paying the bill, and Canadians who are already over-charged for their internet usage will most likely face higher rates; this is the modern equivalent of authorities exerting control over printing presses in the Renaissance. Have we forgotten that access to the internet is now well on its way to being considered a fundamental human right? I don’t want to pull out the traditional speech of left-wing activists who believe that rights to pretty much anything for the advance of society should be protected by the state, but access to information, as shows the Cablegate affair, is one of the last standing bastions of true freedom.


I wish to reiterate that I am not preaching for the status quo here, but rather a more intelligent reform that isn’t oriented towards please the media magnates. I must tip my hat to several valid additions to the Copyright Act that C-32 introduces, notably the additional exceptions to fair-use which are currently in a gray zone (proposed para. 29), the legal definition of non-commercial user-generated content (proposed para 29.21), and the legislation of broadcast recording systems (such as DVRs) for on-demand consumption of media. But sadly, all the good brought by those beneficial amendments are useless if the rest of the bill goes unchanged and the lobbies of the industry get their way.

On another note, I do not think that the main opposition to C-32, the artists, have a viable solution with their absurd iPod tax (french reading), which is just consumer oppression and control of new media expressed differently for the benefit of another group… but that’s subject to a whole other post.

Finally, I’d like to invite you to take action and let your opinion be known; the bill is in its second reading so now’s the time to do so. Tony Clement is the sponsor for the bill, so you might want to get your message through to him first; he has a Twitter account and seems pretty open to replying to messages from the population. Contacting your MP, regardless of the party, is also a great idea. Encourage your friends, family and coworkers who care about fair copyright and free access to information to get informed on the subject and to voice their opinions. The Pirate Party of Canada seems to be holding discussions and awareness campaigns in different localities, so you might want to shoot an email their way or post on their forums if you want to get involved in a more hands-on manner.

Remember, popular implication is what it takes to make democracy work… let your voice be heard! Canada needs to maintain its leadership in promoting free access to media and information.

MacLean’s Allegations of Corruption: Is It Really a Debate?

October 3, 2010 § Leave a Comment

MacLean’s dropped a bomb lately: an article boldly entitled Quebec: The Most Corrupt Province. The blast was strong, and swept many Quebecois journalists and the population off it’s feet promptly. Opinions are varied, but what we hear most often on the open lines and editorials is the following ridiculous reponse: “How dare those Anglos call us corrupt?”

As a Quebecois myself (french mothertounge, none the less), I am surprised by this reaction. How is it that we, the survivors of constant English opression (more on this in another article), have such a thin hide? The truth is that Quebec is very succeptible, specially when it comes to recieving criticism from the outside. Sitting is front of TVA news, it’s very easy for a Quebec to bitch and moan about everything; the current state of widespread cynisme regarding politics is proof that Quebecois are either 1) aware of corruption and just don’t care, or 2) living in blissful ignorance, content with the status quo. We can call our own system out, but god forbid that some other group criticize us… that would be Quebec bashing, trampling the french-speaking minority, oppression from the conglomerate of Anglo Federalist provinces. Oh please, give me a break.

People have been going as far as canceling their cell phone subscriptions with Rogers and Fido (Rogers is the owner of both, and also owner of MacLean’s), and our prime minister the Honorable James John Charest has gone as fars as to publish an open letter to the publisher rambling about Quebec’s accomplishments and demanding that the author excuse himself. The letter is meaningless, because as we all known, Jean Charest included, success and accomplishment can coexist with corruption. Furthermore, the open letter is a very bold move for somebody who is currently appearing in a parlimentary comission on corruption in the nomination of provincial court judges (visibly tailored to fit Mr. Charest) and who has repeatedly refused an investigation about more brown-envelope passing in the construction industry. What I’m seeing here is a PM that desperately wants to get support from the public who are ready to kick him out of power with a swift kick to the ass. I won’t even mention the legal threats on the alleged copyright infringement on the intellectual property that is the Bonhomme Carnaval. This whole thing is becoming ridiculous and out of hand.

Besides even if the article were exagerated, journalism and public relations are gentlemen’s sports: you play by the rules, and if you get hit under the belt, you reply with a harder hit that fits within the rules; whining isn’t an option. Sensationalist journalism throws shit in the fan… but you only get dirty if you’re in the room where it happens. You want to make a strong point? Let’s disprove the allegations, sweep it off with the back of our hands… it should be easy, Quebec isn’t corrupt at all, right?

Canadian iPhone Plans Are a Ripoff

June 30, 2008 § Leave a Comment

As we all know, the second gen iPhone is coming out July 11th, and this is where us igloo dwelling Canadians are finally getting the chance to get our paws on some hot 3g enabled and oh so cool iPhone. Buttt…. there’s a but.

We already all know that Canadians are getting grossly overcharged for mobile voice and data services, but with the iPhone, things are getting worst. In comparison to what AT&T offers in the US, the iPhone plans that Fido/Rogers offer are ridiculously expensive. I was planning on getting an iPhone myself as my next phone following the announcement that Fido, a Roger’s owned subsidiary, would be offering the Jesus-phone too, but after peeking at the rates, I’ll stick to buying a cheap Nettop and carrying it around. Who the hell is going to pay over 60$ per month for a basic plan here when an unlimited plan in the states it goes for 30$?

The way I’m seeing this, either Apple, Rogers, or both are trying to screw off what they consider a small market. It’s about time that mobile carriers stop treating us like shit and give us plans that make some sense. For people like me who have been patiently waiting for a no-hacks-required iPhone in Canada, this is a giant ball of snot spat right to our faces.

I encourage you to sign the RuinediPhone.com petition for better iPhone plans, and to spread the word on your own web property. In this era where it’s all about coupling data and mobility, we have to fight back. Show some support!

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