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Someone had the gaul to mutter "asshole" at me for smoking while walking along Alberni Street in front of the new Urban Fare today. I turned around, caught up with them and got in their face about it (very likely confirming their opinion of me, but I wasn't about to let it slide.) And while being called an asshole is not something new to me, I was offended by their attempt make me believe I was somehow in violation of the Vancouver Health By-Law because I was less than six metres away from a doorway while walking down a public sidewalk.

This prompted me to actually look up the details of the by-law and cross reference a few things with other by-laws.

The by-law is worded in such a way that it initially appears that you pretty much can't smoke anywhere, but the details of where and how it can be enforced belay a lot of the restrictions. Yes, the by-law states that no smoking is permitted [Section 2.2]
(e) within six metres measured on the ground from a point directly below any point of any opening into any building including any door or window that opens or any air intake;
(f) in a customer service area; or
(g) within six metres of the perimeter of a customer service area.
however (and this is a big, fat, "however") it only applies (according to section 2.3 (c)) to the limit of the property line that the building occupies or the boundary of the "customer service area" (e.g. the area a café has a permit for sidewalk seating, or an area on the property where food or alcohol is served or consumed.)

So, for example, if I were standing in the parking lot behind a business that was part of the property occupied by the business I would in fact have to be six metres from any door, window or air intake and the owner or operator of the business would be required to enforce the bylaw. I'd also have to stay six metres away from a seating area for a cafeteria if by being less than six metres away I was still on the same property as the seating area. But if I were standing right in front of the business, even immediately in front of the door or open window, as long as I am not on the parcel occupied by the business nor in an area they business has a permit to use the sidewalk for seating where food or alcohol can be consumed, the by-law is not being violated and the business owner or operator is has no onus or right to stop me from smoking whatsoever. Likewise if I were standing right beside the limit of a sidewalk seating area on a public sidewalk.

It gets even more interesting in the light of the Encroachment By-Law. An "encroachment" is part of a building or structure that sticks out onto or over public space, such as an awning. There is careful wording to ensure sidewalk and balcony seating for cafés, restaurants and bars are included (but only insofar as areas where food or alcoholic beverages are actually to be served or consumed in the area in question, so that a balcony like that at Club 23 West where you can't be served or consume alcohol doesn't count), but the area under an awning or canopy that sticks out over the sidewalk or other area that is not within the boundaries of the lot the building is on is as exempt from the no-smoking section of the Vancouver Health By-Law as the uncovered sidewalk.

So go ahead, stand under that awning, just over the property line, and have a smoke - regardless of doors, windows, and air-intakes. There is nothing anyone can do about it, except threaten you, which is against the law.

(And while it does not change the law or make anything more legal, there is the less-than-small issue of practical enforceability: consider that the same by-law also prohibits spitting on or in any street or other public place!)
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When you pick up a gun and commit a crime you lose your right to be free.

From now on the justice system will stop giving you the benefit of the doubt and send you to jail for a long time.
— Stephen Harper
Nice sentiment, sure to get support from the backwater rednecks and easily the panicked sorts that elect these fascists.

What they are talking about here, hiding it behind the newspeak "reverse onus", is eliminating the concept of "innocent until proven guilty" and replacing it with a presumption of guilt. Much like the Americans doing away with habeas corpus, this flies in the face of the fundamental qualities that differentiate free countries from authoritarian tyrannies.

Section 11(d) of the Charter of Rights and Freedoms states states pretty damn clearly: "Any person charged with an offence has the right ... to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".
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Later today I will be photographing a local dignitary and as I was entering the Skytrian station something occurred to me: the gear that I am carrying looks very much like I could be carrying a bomb and a rifle. This morning I find myself thankful that I am living in a city and a country that haven't lapsed into complete paranoia.
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When you steal an election (more), people notice and things like this (80 KB PDF of a post someone in SF made earlier today, usernames removed) start to happen.

"So they put on an election; they have a bunch of hoopla in order to legitimize the ascendancy of who they've already selected to run the country anyway. They spend millions of dollars. They admitted in congressional hearings to spending 10 million dollars to influence the election in Chile.... So why would they only do that in Chile and make sure their outcome was right in Chile and not do it here? Why would you think that they would only do it in another country and not here? When this is the country that really counts"
--John Judge

Hiel Bush

May. 10th, 2003 12:10 pm
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When Democracy Failed: The Warnings of History
by Thom Hartmann
Copyright 2003 by http://www.CommonDreams.org and Thom Hartmann*

March 16, 2003 -- The 70th anniversary wasn't noticed in the United States, and was barely reported in the corporate media. But the Germans remembered well that fateful day seventy years ago -- February 27, 1933. They commemorated the anniversary by joining in demonstrations for peace that mobilized citizens all across the world.

It started when the government, in the midst of a worldwide economic crisis, received reports of an imminent terrorist attack. A foreign ideologue had launched feeble attacks on a few famous buildings, but the media largely ignored his relatively small efforts. The intelligence services knew, however, that the odds were he would eventually succeed. (Historians are still arguing whether or not rogue elements in the intelligence service helped the terrorist; the most recent research implies they did not.)

But the warnings of investigators were ignored at the highest levels, in part because the government was distracted; the man who claimed to be the nation's leader had not been elected by a majority vote and the majority of citizens claimed he had no right to the powers he coveted. He was a simpleton, some said, a cartoon character of a man who saw things in black-and-white terms and didn't have the intellect to understand the subtleties of running a nation in a complex and internationalist world. His coarse use of language -- reflecting his political roots in a southernmost state -- and his simplistic and often-inflammatory nationalistic rhetoric offended the aristocrats, foreign leaders, and the well-educated elite in the government and media. And, as a young man, he'd joined a secret society with an occult-sounding name and bizarre initiation rituals that involved skulls and human bones.

Nonetheless, he knew the terrorist was going to strike (although he didn't know where or when), and he had already considered his response. When an aide brought him word that the nation's most prestigious building was ablaze, he verified it was the terrorist who had struck and then rushed to the scene and called a press conference.

"You are now witnessing the beginning of a great epoch in history", he proclaimed, standing in front of the burned-out building, surrounded by national media. "This fire", he said, his voice trembling with emotion, "is the beginning". He used the occasion -- "a sign from God", he called it -- to declare an all-out war on terrorism and its ideological sponsors, a people, he said, who traced their origins to the Middle East and found motivation for their evil deeds in their religion.

Two weeks later, the first detention center for terrorists was built in Oranianberg to hold the first suspected allies of the infamous terrorist. In a national outburst of patriotism, the leader's flag was everywhere, even printed large in newspapers suitable for window display.

Within four weeks of the terrorist attack, the nation's now-popular leader had pushed through legislation -- in the name of combating terrorism and fighting the philosophy he said spawned it -- that suspended constitutional guarantees of free speech, privacy, and habeas corpus. Police could now intercept mail and wiretap phones; suspected terrorists could be imprisoned without specific charges and without access to their lawyers; police could sneak into people's homes without warrants if the cases involved terrorism.

To get his patriotic "Decree on the Protection of People and State" passed over the objections of concerned legislators and civil libertarians, he agreed to put a 4-year sunset provision on it: if the national emergency provoked by the terrorist attack was over by then, the freedoms and rights would be returned to the people, and the police agencies would be re-restrained. Legislators would later say they hadn't had time to read the bill before voting on it.

Immediately after passage of the anti-terrorism act, his federal police agencies stepped up their program of arresting suspicious persons and holding them without access to lawyers or courts. In the first year only a few hundred were interred, and those who objected were largely ignored by the mainstream press, which was afraid to offend and thus lose access to a leader with such high popularity ratings. Citizens who protested the leader in public -- and there were many -- quickly found themselves confronting the newly empowered police's batons, gas, and jail cells, or fenced off in protest zones safely out of earshot of the leader's public speeches. (In the meantime, he was taking almost daily lessons in public speaking, learning to control his tonality, gestures, and facial expressions. He became a very competent orator.)

Within the first months after that terrorist attack, at the suggestion of a political advisor, he brought a formerly obscure word into common usage. He wanted to stir a "racial pride" among his countrymen, so, instead of referring to the nation by its name, he began to refer to it as "The Homeland", a phrase publicly promoted in the introduction to a 1934 speech recorded in Leni Riefenstahl's famous propaganda movie "Triumph Of The Will". As hoped, people's hearts swelled with pride, and the beginning of an us-versus-them mentality was sown. Our land was "the" homeland, citizens thought: all others were simply foreign lands. We are the "true people", he suggested, the only ones worthy of our nation's concern; if bombs fall on others, or human rights are violated in other nations and it makes our lives better, it's of little concern to us.

Playing on this new nationalism, and exploiting a disagreement with the French over his increasing militarism, he argued that any international body that didn't act first and foremost in the best interest of his own nation was neither relevant nor useful. He thus withdrew his country from the League Of Nations in October, 1933, and then negotiated a separate naval armaments agreement with Anthony Eden of The United Kingdom to create a worldwide military ruling elite.

His propaganda minister orchestrated a campaign to ensure the people that he was a deeply religious man and that his motivations were rooted in Christianity. He even proclaimed the need for a revival of the Christian faith across his nation, what he called a "New Christianity". Every man in his rapidly growing army wore a belt buckle that declared "Gott Mit Uns" -- God Is With Us -- and most of them fervently believed it was true.

Within a year of the terrorist attack, the nation's leader determined that the various local police and federal agencies around the nation were lacking the clear communication and overall coordinated administration necessary to deal with the terrorist threat facing the nation, particularly those citizens who were of Middle Eastern ancestry and thus probably terrorist and communist sympathizers, and various troublesome "intellectuals" and "liberals". He proposed a single new national agency to protect the security of the homeland, consolidating the actions of dozens of previously independent police, border, and investigative agencies under a single leader.

He appointed one of his most trusted associates to be leader of this new agency, the Central Security Office for the homeland, and gave it a role in the government equal to the other major departments.

His assistant who dealt with the press noted that, since the terrorist attack, "Radio and press are at our disposal". Those voices questioning the legitimacy of their nation's leader, or raising questions about his checkered past, had by now faded from the public's recollection as his central security office began advertising a program encouraging people to phone in tips about suspicious neighbors. This program was so successful that the names of some of the people "denounced" were soon being broadcast on radio stations. Those denounced often included opposition politicians and celebrities who dared speak out -- a favorite target of his regime and the media he now controlled through intimidation and ownership by corporate allies.

To consolidate his power, he concluded that government alone wasn't enough. He reached out to industry and forged an alliance, bringing former executives of the nation's largest corporations into high government positions. A flood of government money poured into corporate coffers to fight the war against the Middle Eastern ancestry terrorists lurking within the homeland, and to prepare for wars overseas. He encouraged large corporations friendly to him to acquire media outlets and other industrial concerns across the nation, particularly those previously owned by suspicious people of Middle Eastern ancestry. He built powerful alliances with industry; one corporate ally got the lucrative contract worth millions to build the first large-scale detention center for enemies of the state. Soon more would follow. Industry flourished.

But after an interval of peace following the terrorist attack, voices of dissent again arose within and without the government. Students had started an active program opposing him (later known as the White Rose Society), and leaders of nearby nations were speaking out against his bellicose rhetoric. He needed a diversion, something to direct people away from the corporate cronyism being exposed in his own government, questions of his possibly illegitimate rise to power, and the oft-voiced concerns of civil libertarians about the people being held in detention without due process or access to attorneys or family.

With his number two man -- a master at manipulating the media -- he began a campaign to convince the people of the nation that a small, limited war was necessary. Another nation was harboring many of the suspicious Middle Eastern people, and even though its connection with the terrorist who had set afire the nation's most important building was tenuous at best, it held resources their nation badly needed if they were to have room to live and maintain their prosperity. He called a press conference and publicly delivered an ultimatum to the leader of the other nation, provoking an international uproar. He claimed the right to strike preemptively in self-defense, and nations across Europe -- at first -- denounced him for it, pointing out that it was a doctrine only claimed in the past by nations seeking worldwide empire, like Caesar's Rome or Alexander's Greece.

It took a few months, and intense international debate and lobbying with European nations, but after he personally met with the leader of the United Kingdom, finally a deal was struck. After the military action began, Prime Minister Neville Chamberlain told the nervous British people that giving in to this leader's new first-strike doctrine would bring "peace for our time". Thus Hitler annexed Austria in a lightning move, riding a wave of popular support as leaders so often do in times of war. The Austrian government was unseated and replaced by a new leadership friendly to Germany, and German corporations began to take over Austrian resources.

In a speech responding to critics of the invasion, Hitler said, "Certain foreign newspapers have said that we fell on Austria with brutal methods. I can only say; even in death they cannot stop lying. I have in the course of my political struggle won much love from my people, but when I crossed the former frontier [into Austria] there met me such a stream of love as I have never experienced. Not as tyrants have we come, but as liberators".

To deal with those who dissented from his policies, at the advice of his politically savvy advisors, he and his handmaidens in the press began a campaign to equate him and his policies with patriotism and the nation itself. National unity was essential, they said, to ensure that the terrorists or their sponsors didn't think they'd succeeded in splitting the nation or weakening its will. In times of war, they said, there could be only "one people, one nation, and one commander-in-chief" ("Ein Volk, ein Reich, ein Fuhrer"), and so his advocates in the media began a nationwide campaign charging that critics of his policies were attacking the nation itself. Those questioning him were labeled "anti-German" or "not good Germans", and it was suggested they were aiding the enemies of the state by failing in the patriotic necessity of supporting the nation's valiant men in uniform. It was one of his most effective ways to stifle dissent and pit wage-earning people (from whom most of th e army came) against the "intellectuals and liberals" who were critical of his policies.

Nonetheless, once the "small war" annexation of Austria was successfully and quickly completed, and peace returned, voices of opposition were again raised in the Homeland. The almost-daily release of news bulletins about the dangers of terrorist communist cells wasn't enough to rouse the populace and totally suppress dissent. A full-out war was necessary to divert public attention from the growing rumbles within the country about disappearing dissidents; violence against liberals, Jews, and union leaders; and the epidemic of crony capitalism that was producing empires of wealth in the corporate sector but threatening the middle class's way of life.

A year later, to the week, Hitler invaded Czechoslovakia; the nation was now fully at war, and all internal dissent was suppressed in the name of national security. It was the end of Germany's first experiment with democracy.

As we conclude this review of history, there are a few milestones worth remembering.

February 27, 2003, was the 70th anniversary of Dutch terrorist Marinus van der Lubbe's successful firebombing of the German Parliament (Reichstag) building, the terrorist act that catapulted Hitler to legitimacy and reshaped the German constitution. By the time of his successful and brief action to seize Austria, in which almost no German blood was shed, Hitler was the most beloved and popular leader in the history of his nation. Hailed around the world, he was later Time magazine's "Man Of The Year".

Most Americans remember his office for the security of the homeland, known as the Reichssicherheitshauptamt and its SchutzStaffel, simply by its most famous agency's initials: the SS.

We also remember that the Germans developed a new form of highly violent warfare they named "lightning war" or blitzkrieg, which, while generating devastating civilian losses, also produced a highly desirable "shock and awe" among the nation's leadership according to the authors of the 1996 book "Shock And Awe" published by the National Defense University Press.

Reflecting on that time, The American Heritage Dictionary (Houghton Mifflin Company, 1983) left us this definition of the form of government the German democracy had become through Hitler's close alliance with the largest German corporations and his policy of using war as a tool to keep power: "fas-cism (fash'iz'əm) n. A system of government that exercises a dictatorship of the extreme right, typically through the merging of state and business leadership, together with belligerent nationalism".

Today, as we face financial and political crises, it's useful to remember that the ravages of the Great Depression hit Germany and the United States alike. Through the 1930s, however, Hitler and Roosevelt chose very different courses to bring their nations back to power and prosperity.

Germany's response was to use government to empower corporations and reward the society's richest individuals, privatize much of the commons, stifle dissent, strip people of constitutional rights, and create an illusion of prosperity through continual and ever-expanding war. America passed minimum wage laws to raise the middle class, enforced anti-trust laws to diminish the power of corporations, increased taxes on corporations and the wealthiest individuals, created Social Security, and became the employer of last resort through programs to build national infrastructure, promote the arts, and replant forests.

To the extent that our Constitution is still intact, the choice is again ours.



*Thom Hartmann lived and worked in Germany during the 1980s. He is the author of over a dozen books, including 'Unequal Protection' and 'The Last Hours of Ancient Sunlight'. This article is copyrighted by Thom Hartmann, but permission is granted for reprint in print, email, blog, or web media so long as this credit is attached. http://www.commondreams.org/views03/0316-08.htm
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I am endlessly fond of pointing out that the residents of Paris rioted in the 17th century when the French government decided to formalize the street names and assign numbers to the buildings. This was considered to be altogether too much government interference in the daily lives of people. Now look at us here in our "free countries" of the First World. It's to the point where we can't even imaging how our addresses could be considered an invasion of privacy, so effectively our freedoms have been eroded.

Think about the things George Orwell predicted in 1948 - find one that hasn't come true:

The cameras are everywhere. That doesn't even need explaining. If I cross the border I am photographed. When I take money out of the bank I am photographed. When I buy a pop in the corner store I am photographed. All in the name of protecting me from crime. Big Brother is looking out for me.

The perpetual war. This doesn't even need explaining. America sells weapons to it's own enemies, for chirssake. So does Russia, France, England, and a host of others.

The Lottery. "Voluntary taxation for the mathematically inept". Robbing the poor and stupid to fill goverment coffers.

Newspeak is everywhere. Turn on the news on just about any given day and you're likely to hear of someone being convicted of a "sexcrime". I used to have "Unemployment Insurance" (since I was, obviously, insuring myself against being unemployed), but now it's "Employment Insurance" because God forbid my fragile, out-of-work ego be damaged as I am starving. Not that I was able to collect when I actually was unemployed because I failed to meet the convoluted criteria for collecting on the insurance the government forces me to buy.

The Ministry of Truth. Have you read a newspaper lately? Post-it notes are less yellow. Have you seen "The Patriot" or "Pearl Harbor"? Did you know that the US lost a war and that the White House was burned down by the victorious troops? If the Gulf War was about "democracy" why is it that Saddam Hussein was elected and Kuwait is an absolute monarchy? Meanwhile shit is happening in Afghanistan that would make Hitler blush but you hear next to nothing about it. I could bore you to death with examples.

Go ahead, pick anything. It's happening right now. It's just that it was done so gradually no one really noticed.
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For those of you that read this and aren't on my friends list, you don't see the whole picture. After noticing some hits coming from the proxy server at work in the evening after I was home I realised some of my more extreme work-related kvetching should be kept out of the public domain. The hits were just the proxy refreshing its cache, but it reminded me that 1984 was, in fact, 17 years ago.
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Well, it's Friday and despite the fact I've only been in for two hours now I'd really rather just leave. The chances of me actually doing anything today are slim to nil. I'm just waiting for the doughnut cart to come around. I'm sure that's why they have the doughnut cart and 50/50 draw on Fridays. It improves attendance. So the question is, is it better to be blindly manipulated or to know you are being manipulated and let it happen anyway?
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As my last entry attests I went to sleep last night just thrilled at the prospect of killing another day of my life in this cubicle. I'm torn between letting myself aquiesce and tolerate this for the time being and railing against it for the sake of my sanity. So I am doing both and neither today. In a fit of meaninless rebellion I am wearing jeans on a Tuesday. The horror. But being sensibly sheepish they are barely recognizable as jeans since they are "dressy" jeans (lighter weight canvas, designer cut, very dark black dye - the only thing that distinguishes them as jeans are the rivets on the pockets and leather patch on the back, which are covered by my shirt). Yeah. I'm a rebel, baby. Ugh.

I'm feeling especially like a brainless pawn of fate today. Yesterday I was all fired up to force a change on a project because I had a better idea than what was mandated by the steering committee. After I make this decision I looked at my horoscope and was amused to find the following:
Undertake a difficult project, but only on your terms. You're experienced enough to know what you need, and articulate enough to get it. Hire a skilled assistant who's ready to learn while helping.
Then today I wake up late in a crappy mood and don't want to iron anything. After I've decided the dress code can go to hell I read my horoscope and behold
The Virgo Moon draws your strings tight. There's no telling what Leo might do when pushed to extremes. Eccentric behavior is tolerated in the name of efficient performance. Results are even more eagerly anticipated.
Sheesh.
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Duty calls. In a few hours I must get up and trudge across the city and bow to the silicon god for another day. I am a god-damned, freaking, bloody monk. I will practice my asceticism in my grey cubicle and perform my rituals in time with the almighty clock. I will render unto Caesar more than his fair share and give up the rest to pay my tithe to the Unholy Church of the Dreaded Student Loan. It's so much fun. Everybody is doing it.

Cash only

Jun. 21st, 2001 10:51 pm
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Here I am, still refusing to use a debit card...

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=17834

And to think, people rioted in Paris when they officially named and numbered the streets because it represented too much of an invasion of privacy.

I have a street address, a couple of phone numbers, various and assorted government assigned numbers (SIN, driver's license, etc.), bank assigned numbers (credit cards, bank cards, account numbers...), and just generally numbers up the wazoo. And I take all my numbers along with me to my 2m square box and to sit and earn abstract numbers to make my tracked and data-mined purchases...

Freedom my ass.

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