The Libranos Strike Back II

The Libranos 132 Comments

Further to events of this morning; Reading Coyne’s column again, can anyone point me to a passage that accuses Tim Murphy of committing a crime?
You know, among my first thoughts in reading this were that the National Post is a big place, with lawyers and whatnot, to vet columns before they run. Are we assuming too much in thinking this column is the target, or if it is, is this just a ham-fisted attempt by Murphy to intimidate the leading critic of Papa Paul – and more importantly, the powers that be who publish him?
Pure conjecture on my part, I’ll readily admit. But now that I’m in conjecture mode (and the first beer I’ve ever consumed before dinner hour since I turned 17…);
Recall the threats to bloggers for linking to Captains Quarters – and for all the crowing of the blogosphere, that threat was successful – several bloggers fell into line and delinked, while almost all in the mainstream followed suit. For all the pomposity of our press, they are willing litlle sheeple like the rest of us when it comes to, you know – actually taking risks for the truth.
A very long time ago, before I first ventured onto the blogosphere, I speculated that the core difference between Americans and Canadians wasn’t “a more European world view”, or medicare or our “cultural mosaic”.
It is the singular fact that Canadians have never had to fight on their home soil for the right for their nation to exist. We had no Indian wars, no Canadian revolution, no civil war. No Pearl Harbour, no 9/11.
I think that fact alone explains the national angst about “Canadian identity” more than any other. We don’t know how to fight, truly fight for what should be our inalienable rights.

132 Replies to “The Libranos Strike Back II”

  1. “In the U.S., I believe, persons who qualify as “public figures” cannot sue for liable even if they can show something printed about them is wrong, unless they can show that the person who published the statement knew it was a lie, or at least, made the inaccurate statment recklessly and with malicious intent.”
    That’s spelled wrong, but otherwise a good encapsulation of what it takes in the US to be LIABLE for the tort of LIBEL (or slander, which is spoken as opposed to written or otherwise memorialized defamation). The standard from New York Times v. Sullivan is that a public figure plaintiff must show, by clear and convincing evidence, that the defendant made the defamatory statement with “actual malice,” i.e., either knowing it was false or with reckless disregard for its truth or falsehood (not merely ordinary negligence). The term “actual malice” can be confusing because it does not require some proof of evil intent.
    “In Canada the only thing a publicly figure has to show is that the statement is wrong to succeed in a libel action.”
    This is the situation in every common-law jurisdiction outside the US as far as I know: the “English rule” makes truth an affirmative defense to defamation and thus the DEFENDANT bears the burden of proof to show that the statement was true, which is the opposite of how things are in the US. That said, it’s the English courts and not those in Australia, New Zealand or the common-law provinces of Canada that really draw libel plaintiffs like moths to a flame, so I suspect there may be some differences.
    “It will probably be 50 years before we reach the same point since our supreme court is more interested in advancing the interest of people they consider to be the downtrodden,”
    Only 50 years? I’d call that optimism. The Canadian Supreme Court is so far out in lunatic left field it makes the US Ninth Circuit look like the Second Coming of Blackstone.

  3. Gidget Taber and Puff duffy
    LOL…very good
    Did you see them today..>Duffy I like, usually pretty good…But I have to admit that Craog Oliver looked like he barely tolerated her today.

  7. Canada is doomed if free speech is not reclaimed by the people. I’ll pledge right now to pay $10 to the first prosecuted free Canadian blogger, with a transparent legal defense fund, that I do not believe is already on the take from the Liberal government, or her dirty best friends.
    I have re-examined my charity strategy. People without freedom of speech, who are for it, will now enoy a lot more of my patronage.

  9. In fact for Kate, if she ever gets in the dudu…
    I pledge $1,000.00 for her legal defense
    Without freedom of speech and the right to dissent, we have nothing.

  11. Stephen, Trust the ‘net for fact-checking.
    Even then be skeptical; check several sources.
    We all learn from each other.
    Semper fidelis.

  12. I guess Coyne better get his assets in a Ltd Co. offshore,blind trust,or how about countersuit if they want to use the courts to settle this and go after Tiny Tims assets.

  13. Angus,
    Pierre Berton regretted that he didn’t write the story of the Fenian Invasions.
    His regret was probably more reluctance than anything else because the story of the Fenians paints an unflattering picture of pre 1867 Canada. The threat of the Fenians (who wanted to seize Montreal and hold it for ransom to free Ireland) caused so much fear and panic in British North America that the Maritime Union conference was hijacked by Upper and Lower Canada. Fearful of the Fenians, who were supported on both sides of the border, the British Government pressured the colonies into confederation. Fear of the Fenians generated all of the talk and pushed the final decisons for union between the provinces.
    Angus: Canada was born out of fear not the desire for liberty or independence.
    Plus ca change.

  15. You made a very astute observation on the slug(ish), self righteous, childish ,holier than thou attitude of the modern day snobs that live in Canada. If we were invaded they would be the first to skreech for help from those ‘moron b….ds’ in the USA.
    The greatest generation (the thirties kids) and the pioneers were not like the spoiled post 1944’s people. They were compassionate, adult, freedom-loving, independant souls who fought the weather, hunger, the Socialists who tried to take them over and a war for other people. I see from the post of Angus that now they must wonder why they wasted their time. Now the 1950 and later group won’t “allow” our only living soldiers to smoke in their own legions!! Ten years ago the spoiled brats would have had a fight on their limp wrists and the latter would have run away crying ‘he hit me’. It makes me feel ill to even talk about it.
    Good work Kate. I hope no one else brings up that ‘invaison’ of Canada again, it’s too silly for words.

  17. “…the pigs had to expend enormous labours every day upon mysterious things called ‘files’, ‘minutes’, and ‘memoranda’….This was of the highest importance for the welfare of the farm, Squealer said. But still, neither pigs nor dogs produced any food by their own labour; and there were very many of them, and their appetites were always good.”
    -Animal Farm, George Orwell (Peter Foster- are you onto this yet?)

  18. No surprise that the Ditherals, slowly moving Canada down the road to tyranny, are starting to focus on the blogs. Conservative blogs had a huge effect on the U.S. elections in November by negating a lot of the pro-liberal pap that spews from the much of the MSM.
    Perhaps the “blog problem” has been on the agenda of meetings at Earnscliffe. Perhaps the decision was made to “set an example.” Those who would label me paranoid ought to first review what has transpired in Canada recently.

  19. My favorite BS quotes (from CTV’s “Stronach calls personal attacks on her a disgrace”):
    “”It’s very interesting to me, in moments like this, how partisan people become,” Stronach said Sunday in a television interview.”
    What, people become “partisan” when someone jumps ship? How shocking! Did she think the thousands that helped her with first, her leadership campaign and then her election campaign, were going to blindly follow like good little sheeples?
    And the other brilliant remark:
    “”I think it’s a shame that so much attention has been put on my personal life,” she said. ”
    Hmmm. You choose to enter “public” life and get upset about your previously publicized romantic relationship with a colleague is discussed?
    She’s such a bad image for blondes. Just when I was hoping we’d overcome that.

  21. Dont tell me that I have to remind people again that the war of 1812 was between the U.S. and Britain as Canada did’nt exist till 1867.It’s odd how some people try to hijack a war and claim it as our own then brag about how we won it.Britain voluntered us into the first world war but by the second we grew up a bit and declared war on our own with a little prodding from the Brits.

  23. I don’t often post, but nothing irks me like self-righteousness (which sadly is not the monopoly of Pol Martin, hard as that is to imagine). Angus would have us believe that a nation of people called “Canadians” beat back the American invaders in 1812. If only. As others have been quicker than I to point out, it was actually the British who won the war (with a little help from the locals–Angus, you’ll recall that Laura Secord provided chocolate when the British supplies of toffee ran out). I wanted to say that if only Angus knew some Canadian history, he would have mentioned the Fenian raids (in which my great-uncle fought, for the CANADIANS). But someone else beat me to that too.
    But enough of my own snarkiness. Kate’s basic point is right. The American sense of nation was forged in war. Ours wasn’t. Which is not to say that this country doesn’t have a remarkable military history of its own, which our Natural Ruling Party has done its very best to overwrite–think only of the two battles Defence Minister John McCallum had never heard of, Dieppe and Vichy Ridge. We ought to take tremendous pride in our accomplishments in the wars of the 20th Century. By and large, we don’t. The Americans do take pride in the many accomplishments of their military, and quite rightly. And the sacrifices Americans have made in the past contribute enormously to their patriotism and to their willingness to make sacrifices in the present. Can you imagine the American reaction to such an open subversion of their constitution as we saw here in the past two weeks? (which I believe was Kate’s point)

  24. Hmmmm…. I’ve always been trained when threatened/ambushed/attacked, immediately go on the offensive, but this slow psychological erosion pisses me off, it’s tough to get a grip on where to go….. strategy will be the key.

  25. Interesting clip on CBC (I know, rare but sometimes happens) re: Labrador. BS shows off her brilliant research and public speaking ‘off-the-cuff’.
    I had to go the the local newscast page for Labrador (go to newscasts, click on ‘golocal’ & pick Labrador).
    It might not be as easy for the Libs as they thought. Hmmmmmm

  28. Oliver:
    Did you see this in the London Free Press today, Chip Martin wrote a column titled Bumbling Harper not ready for prime time in which he argues:
    quote:
    Harper accused Prime Minister Paul Martin of playing politics on the budget vote by hoping two cancer-stricken Conservative MPs would be too ill to vote. He accused Martin of agreeing to “a deal with devil” by enlisting support from the NDP to support his budget, yet Harper’s own deal with the separatist Bloc Quebecois to topple the government is a devilish piece of work in its own right.
    A year ago, Harper accused Martin of being soft on child pornography. And then, petulant after failing to become prime minister, he talked about stepping down.
    The Conservative leader has snatched defeat from the jaws of victory. Given the choice between taking the high road or the lower one, Harper has too often aimed low in the blood sport of politics.
    His inability to work with Stronach and others whose views differ, his failure to connect with Ontario, his unwillingness to develop a positive vision and overcome negativity will be Harper’s undoing.

  30. I confess I’m a little dim on some of the particulars relative to the precursors of Canada in the War of 1812.
    You’ll have to forgive us Americanos, as since that period we’ve had a lot of wars.
    However, I’ve got to say that if American security has helped our Canadian cousins avoid military confrontation in their own country, most of us would be relieved and pleased. Irrespective of this issue of “Canadian identity” which I’m not sure Americans understand anyway, we are grateful that you have not had to contend with anything that terrible on your own soil.
    I must say that from our point of view whatever water that Canadians were drinking before the 70s or 80s was just great as far as we’re concerned. Whatever you were doing, you must have been doing it right. Before the last 10 or 15 years (I don’t know precisely what moment that malevolent little seeds of Libranoism pushed thru the soil) America basically thought of Canada and Canadians with nothing but respect, appreciation, and relief that we had such great friends and neighbors to our north.
    If a good measure of our old way of doing things could be re-kindled, Americans would be very pleased.

  31. What he foresees or what they propose for his future, doesn’t concern me personally speaking. It will be Canada’s loss if he goes. I don’t see anyone who interests me as a future leader coming up the ranks in the CPC. If he goes, I too am gone from any further interest in the federal Conservative party.
    Ironically, Harper I feel is the only person who can bridge this growing gulf between the west (read Alberta), Quebec, and Ottawa. The Liberal Party has completely alienated itself from the Quebecois with its humiliating, debasing, and abject corruption within Quebec and PMPM I doubt will be able to reach out to them ever again. I noticed that PMPM didn’t even try and address western Canadians in his post budget victory speech (maybe I just missed that as I was in my “funk”). Stephen Harper did so and to Quebecers in particular. I think only he (Stephen) can legitimately do that and his apology can still be regarded as genuine.
    Nevertheless, should he go then as I have said, it’s the federation’s loss, not ours (in Alberta). He’d be ideally suited for Alberta politics in whatever capacity and in whatever circumstance.

  32. Back to the “dump Harper” remarks, that would be the stupidest thing to do right now.
    Tracey: “The Conservative leader has snatched defeat from the jaws of victory. Given the choice between taking the high road or the lower one, Harper has too often aimed low in the blood sport of politics.
    His inability to work with Stronach and others whose views differ, his failure to connect with Ontario, his unwillingness to develop a positive vision and overcome negativity will be Harper’s undoing.”
    I’m not sure how much of that is your writing and how much is a quote, but WHO benefits most from Harper stepping down right now? Really. The Liberals. Who had absolutely NO QUALMS about calling an election what, 7 weeks after the PCs & Alliance amalgamated? So Harper steps down (for no good reason – Stronach has shown her true colours, she is no loss to the party in the long haul; she’s actually going to prove a liability to the Liberals)… and what, Peter MacKay of the brilliant examples of personal judgement steps up to the plate? Please, journalists would have a field day.
    The problems with gov’t in Canada did not happen overnight. “Instant Gratification” is not a right, even if we’ve been led to believe it is.
    Do you really think that MacKay has the depth, at the very least, intellectually, of Harper? If so, I’d love to know why.
    Why do conservatives not seem to understand that the best defense the Liberals have is to stir & propagate unrest within the Conservative ranks? My God, look at how creating regionalism across the country has kept the Libs in power; why wouldn’t it work against an opposing party?
    Ask yourself – which leader in the House has lost more MPs this year?
    Harper lost Stronach and Brison (although I think Brison left before the last election), both over the fact that they lost the leadership race (although they have given other reasons).
    Martin lost Kilgour & Parrish (he fired her from caucus but certainly couldn’t control her) and almost lost Pat O’Brien.
    So how come nobody in the MSM is saying it’s time for MARTIN to go?

  33. A vague refrence in the Post is no longer adequate. Someone please publish this in the Post. Soon.

  34. Not one of the Dump Harper rumblings has come from a person I would consider a serious thinker. Until Tuesday, there were plenty of folks around who still thought Belinda should be leading the Party. The next time you hear a call for Harper to resign, just think of the Belinda supporters. I GUARANTEE you that with her gone, support for Harper within the Party is stronger than ever. As has already been mentioned, who is waiting in the wings to takeover? Bernard Lord? Mike Harris? Peter “Heartache” MacKay? The only person I would even consider as being a match for Harper’s intellect is Preston Manning, and that would bring us back to the future in a hurry wouldn’t it? If Harper were to step down right now, it would set the Conservative movement back five years in this country. Anyone wanting to dump Harper should follow Barbelinda to the Liberals. They’ll be having a leadership contest much sooner than the Tories will be.
    I’ve got a nice new graphic of Belinda on The Raging Ranter if anyone wants to take a look at it.
    http://ragingranter.blogspot.com

  35. Those of you from AC’s site will remember me as the American in Andy’s Court (hence the exile reference).
    Of the many unfortunate results from AC shutting down his commnets was that I was never able to guage the reaction to my Parliamentary coup idea.
    To sum up:
    If the by-election in Lab goes Tory (admitted a big if given the demographics, but if every Grit Cabinet member is flying over there, they have to be worried), the Tories/Bloc could re-run a conf vote, and win, triggering another election.
    Or not . . .
    I thought it was possible under this scenario that Harper send an emissary (preferably an MP from the Reform days), to Chuck C., and tell him if he votes non-conf., that gives the anti-Grits 155 MPs. With that, they could form a government of their own for 20 months or so:
    1) The Tories get to write their own budget (or budgets if they’re willing to re-write this one).
    2) The Bloc gets a referendum in 2K7, only it’s a “clean break” question, not that “sovereignty-partnership” pea soup (I also expect that will mean a much smaller yes vote, particularly if Harper can keep Mario Dumont on the no side and the indomitable J-F Fillion screaming no from the airwaves, but the Bloc deserve a shot if they’re willing to go along with this).
    3) Cadman could write the criminal justice reform bill (this is how he could be brought onside).
    4) When Gomery reports, the new government would implement all recommendations, charge anyone worthy of some time in the slammer, and whatever else would be deemed necessary to clean up the place.
    Right after the non-conf, vote, Harper and Duceppe would go to the G-G and tell her they could form their won government, as evidenced by the 155 votes they won on the motion.
    So I’ll try it here. How does that sound, folks?

  36. These are only my observations, nothing to back them up:
    I believe that it would be huge a mistake for the CPC to even consider replacing Stephen Harper at this time or the near future.
    I base this on the fact that it makes the party appear weak and the public will question, again, is this party ready to govern when they can’t seem to make up their minds about who their leader is and whether they support him. I always hear the same thing: we should let this new leader learn the ropes first, let us get to know him better before he is ready to be PM. Martin and his previous cronies have been around FOREVER, the public has a sense of familiarity even when it is a false face.
    There is no way we will have a leader that everyone likes or agrees with, I doubt all the LIEberals care for Martin either. Although Mr. Harper may have made a few misteps he seems to be earnestly trying and is making gains for us. I can’t imagine how hard it must be to compete against the LIEberal machine and all their resources, I’ll bet they have even spoken with Mr. Harper’s kindergarten teacher in hopes of finding scandal on him!
    We should all try to have a united front and publicly support him, that would likely be the best incentive of all for him. If someone has an suggestion/issue/comment perhaps contacting their local riding or the Ottawa office might be best. The LIEberals usually keep all their stuff in-house and I am thinking that this would serve the CPC well too. We need to appear stable enough to run the country, don’t we??
    Just my thoughts.

  37. That would be such a delicate coalition it would never happen. And, the Canadian public would never except a Bloc/Tory/Cadman coalition government without an election. All the cries about people not wanting an election now would very quickly be replaced with “we need an election”. It would take the MSM exactly 1 day to change their tune completely on that one. Every newscast in the country would be with something like “Stephen Harper launches hostile takeover bid of the House of Commons”. Fun to dream though I guess.

  38. Hi Exiled! Sounds 100% to me. I’ve been thinking it too. There hasn’t ever been an election necessary in the current scenario. If Harper can broker a deal with at least one more independent (Cadman would be foolish to turn it down for he, as you pointed out, would be greatly empowered) and secure a byelection seat (however unlikely), then there’s no stopping Stephen from forming a government which may actually help bring Canada together again. Now, there’s that small matter of the Governor General coming to terms with that though…

  39. You are 100% correct Anne. That’s exactly what we need to do. Right also on the idea that the public needs to become more familiar with Harper. A new leader now would just start that familiarization process all over again.

  40. Candace, we must have been writing at the same time, hehe!
    Since you wrote another perfect piece again could you please just do me the honour and sign my name with yours after each post? Thanks sweetie!

  42. Ranter, you are absolutely right of course. The left would be so choked that any sort of respect for a newly formed government would evaporate into a discourse of disruption and incivility in an instant. Just the sort of thing they’ve been accusing the right about over the last little while. Excepting naturally the left will have the media on side and the whole thing may well turn into something quite ugly. Civility is not in the Liberal left’s lexicon.

  43. The big problem(s) with the “new gov’t without a vote” plan are (a) Ms. Clarkson (as mentioned above) and (b) the electorate would freek (as mentioned above).
    The only way that would work is if they formed the gov’t with the express intent of dropping a writ. They MIGHT get away with “first we pass the Atlantic Accord” and then we drop the writ.
    But just because legally it would work, it would come under the serious scrutiny of every constitutional expert (including myself, and I’m NOT one by any stretch of the imagination). Nope. The “we don’t want an election” line is pure Liberal drivel. Who ever wants an election? Who wants surgery? Who wants an ingrown toenail, for that matter?
    But hell of a try for a non-Canadian, I must say.

  44. Anne, you are quite correct with regards to the “posting at the same time” situation that’s developed here. I’m sitting in the living room with my wife watching “Star Wars: Attack of the Clones” on the telie. But my eye wanders to the living room’s computer on my right, watching the comments increase in number every time I refresh SDA’a web page. Insta-blogging in effect. Isn’t the internet a wonderful thing (and Kate’s website too).

  45. Candace, are you a lawyer or just work for one? You sure know your stuff.
    I doubt the GG would even let this pass so don’t really see this as plausible. It was a pretty good scenario though, nice to have a set of eyes from the outside looking in with new perspective.
    Hey, we could forward the idea to the CPC, would be interesting to hear their thoughts! Maybe they would shock us and go for it?

  46. LOL Anne that would be pretty funny!
    As for me being a lawyer, no, my resume reads much more like BS’s – I took the proverbial “year off” and 20-some years later, haven’t made it back for a degree (and since I gave up on buying lottery tickets having realized I’d only been funding others’ wins, don’t see f/t studies in my immediate future, child & all…).
    That being said, I’m not an idiot and can usually grasp things relatively quickly. I hate to admit that my brilliant ramblings come from reading everyone else’s brilliant ramblings and summarizing them. I’m also in sales (ha!) so can do a good spin.
    As for future hopes, I’ve informed the 11-yr-old (who is still having a hard time imagining living without Mommy so thinks me living in her basement is a GOOD idea… ha! again) that SHE is my retirement plan, so she needs to succeed at whatever the hell she decides to do.
    Typical Canadian.

  47. Let me rephrase that “my resume reads much more like BS’s” – it’s similar in education only. My father is a plumber (who managed to climb significantly). My mother was for the most part a stay-at-home mom (late 50s early 60s) and worked outside the home in generally crappy jobs when she DID work outside the home.
    So my father doesn’t own a wildly successful company and I wasn’t parachuted into anything at all.
    But I don’t have a degree. Just to clarify.

  48. RE – dumping Harper
    Given all the obstacles encountered in the uphill battle against the Libs, and the fact that the CPC organization as well as many of their people are new, wouldn’t we pretty much have needed a guy with a magic wand to win now? Many of the Libs have been around a long time, as pointed out above, and are masters at playing the game – and have all our money to play it with. Is it really a good idea not to allow the leader of the CPC enough time to gain some experience and have a chance at success?
    The phrase “snatching defeat from the jaws of victory” blithely ignores all the dirty tricks the Libs pulled to stay in power and places blame solely on Harper – is that realistic? While there may have been issues which could have been handled better, there were also some very astute moves made and there is no reason to believe that experience will not work in Harper’s favour. There’s no handbook that has all the right answers to how to succeed in Canadian politics (except possibly Machiavelli) and apparently there aren’t even any rules now. Experience is a huge factor. Did the people who want Harper gone expect him to counter Martin’s unethical moves with even more unethical moves? and is this how we want to win?
    As for the “Belinda factor”, I have heard some talk that she never did accept the fact that she lost the CPC leadership race and has continued to campaign against Harper all this time – I don’t know how true this is, so take it with a grain of salt. If true, this type of thing would surely have injected a divisive note into the CPC caucus – do we just take her word for it (as the referenced article does) that Harper just couldn’t get along with her and thus it’s all his fault? seems a little thin to me.
    There will be no magic solution to bringing down the Lib govt – it will be a hard fought uphill battle for the CPC and anyone who expects fast and easy is dreaming. Unless someone can produce Merlin the Magican, of course!

  50. Excellent musing on this Victoria day week end Kate. From my observasions on both sides of the border, the difference between Americans and Canadians, where civil freedom and liberty are concerned, is Americans know what has to be done to avert tyranny….Canadians are either still debating the wisdom of fighting for anything ( including their democracy and individual civil rights) or think whining will stop a dictator cold in his tracks….possibly a nasty stare or some stern finger wagging by our elite media corps will save our freedoms.

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