site banner
PaperclipPerfector  3mo ago (text post)   2516 thread views

Small-Scale Question Sunday for January 28, 2024

Do you have a dumb question that you're kind of embarrassed to ask in the main thread? Is there something you're just not sure about?

This is your opportunity to ask questions. No question too simple or too silly.

Culture war topics are accepted, and proposals for a better intro post are appreciated.

3
Top Bottom Old Controversial Comments
Jump in the discussion.

No email address required.

Saw this link going around Twitter/X:

https://theccf.ca/emergencies-act-use-unconstitutional/

OTTAWA: The Canadian Constitution Foundation (the “CCF”) is thrilled that Justice Mosley of the Federal Court of Canada has accepted the CCF’s arguments that the invocation of the Emergencies Act in response to the Freedom Convoy protests was unreasonable and violated the Charter rights to expression and security against unreasonable searches and seizures.

The government has indicated that it will appeal, so this isn't final. Regardless: what are the actual effects of such a finding? Will the government have to pay any penalty? Can people whose bank accounts were frozen sue the government? Will it cause a significant loss of political capital for Trudeau and his government? Or is it just a slap on the wrist with no real consequences?

At least for this court case, the only thing that's been ordered so far is costs for Gircys and Cornell, the two challengers who had standing (because their cards and bank accounts were frozen), but not the public interest challengers or those who had less direct or less clear harm. Even for the Gircys and Cornell, the judge said he "will not award them costs for the preliminary steps in these proceedings which I considered to be often misguided or for the preparation of the largely irrelevant memorandum of fact and law that was filed".

Canada's equivalent to qualified, executive, and professional qualified immunity is complicated, but I would be very surprised if anyone was found personally liable -- I don't have a great understanding, but 'presume good faith' seems common and a complete block against one-offs like this.

It'll be a little embarrassing for Trudeau, but they're more likely to appeal to challenge the framework where the Emergency Powers Act only can be applied in limited circumstances. Neither are real consequences, especially since this ruling is only as-applied, and the application was so tremendously fact-specific.

What is this place?

This website is a place for people who want to move past shady thinking and test their ideas in a court of people who don't all share the same biases. Our goal is to optimize for light, not heat; this is a group effort, and all commentators are asked to do their part.

The weekly Culture War threads host the most controversial topics and are the most visible aspect of The Motte. However, many other topics are appropriate here. We encourage people to post anything related to science, politics, or philosophy; if in doubt, post!

Check out The Vault for an archive of old quality posts. You are encouraged to crosspost these elsewhere.


Why are you called The Motte?

A motte is a stone keep on a raised earthwork common in early medieval fortifications. More pertinently, it's an element in a rhetorical move called a "Motte-and-Bailey", originally identified by philosopher Nicholas Shackel. It describes the tendency in discourse for people to move from a controversial but high value claim to a defensible but less exciting one upon any resistance to the former. He likens this to the medieval fortification, where a desirable land (the bailey) is abandoned when in danger for the more easily defended motte. In Shackel's words, "The Motte represents the defensible but undesired propositions to which one retreats when hard pressed."

On The Motte, always attempt to remain inside your defensible territory, even if you are not being pressed.


New post guidelines

If you're posting something that isn't related to the culture war, we encourage you to post a thread for it. A submission statement is highly appreciated, but isn't necessary for text posts or links to largely-text posts such as blogs or news articles; if we're unsure of the value of your post, we might remove it until you add a submission statement. A submission statement is required for non-text sources (videos, podcasts, images).

Culture war posts go in the culture war thread; all links must either include a submission statement or significant commentary. Bare links without those will be removed.

If in doubt, please post it!


Rules


Recommended Posts And Communities

Recommended Realtime Chats