Working for the Clampdown

Being of a generally libertarian bent, I'm never keen on anything that gets in the way of people minding their own business. The corollary to that is of course that I am VERY much in favour of things which put a stick in the spokes of people who make life harder (or shorter) for people like me. This can mean anything from sclerotic bureaucracies and over-reaching police to professional victims who will grind things to a halt because they're not happy.

Enter the Great Mask Debate of 2012. Montreal, indeed much of Quebec, has been regularly disrupted by mobs of "students" bitching about their entitlements. There has also (finally!) been a lot of talk and maybe even some action about the masked idiots participating in these marches. There is still a lot of hand-wringing about what if anything to do about this, but as usual I have some ideas.

Concern #1: Civil liberties. No ban on hiding your face is an imposition on your right to free assembly for peaceable purposes. Things vary country to country, but in Canada we have rules for things that happen in public and there never was carte blanche to disturb the peace. There are laws (finally being enforced) that prevent you from camping in city parks etc. A whole lot of people have been breaking these laws, all of which are there to ensure that business and public life can carry on without undue imposition from mobs.

Concern #2: Enforcement. "You can't arrest everyone if they're all wearing a mask!" No, and it was impractical for a Roman Centurion to slaughter his entire command for cowardice, etc. too. The solution then, as now is Decimation. Taken literally it means "to take one in ten", e.g. kill every tenth man. There is no reason a less-lethal application couldn't set the example. I would apply this with a bit of "profiling" i.e. take preferentially the people who most looked like they were up to no good, but a smattering of "harmless" looking types should be collared as well so that people don't figure that bright colours or hippy, etc. clothes will give them a free pass.

Concern # 3: Violent reactions to #2 above. If you are concerned about the reactions of criminals to the enforcement of the law, you might as well disband the police and give the country over to violent anarchy. "Criminals?" you say? "Isn't that presumptive? These start as peaceful protests!" Well,  ignorance of the law is no excuse as they say, so here is some education for all those participating in a public assembly. This is from the Criminal Code of Canada, but wherever you live I pretty much guarantee you have something similar.

63. (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

(a) will disturb the peace tumultuously; or
(b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

Marginal note: Lawful assembly becoming unlawful
(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

64. A riot is an unlawful assembly that has begun to disturb the peacetumultuously.

Pretty neat eh? Check this next bit, this is the part you really need
to know.

65. Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 66.

Marginal note: Punishment for unlawful assembly 
66. Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.


Consequences, people, consequences; these students are supposedly bright types and may in fact know the above already. Likely they (or at least some of them) do, hence the desire to avoid said consequences by say, hiding their identity? Anyway in for a penny, in for a pound; I like these parts too so I'll keep rolling with the CCOC.

Reading proclamation
67. A person who is
(a) a justice, mayor or sheriff, or the lawful deputy of a mayor
or sheriff,
(b) a warden or deputy warden of a prison, or
(c) the institutional head of a penitentiary, as those
expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person's deputy,who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:
Her Majesty the Queen charges and commands all persons being assembled
immediately to disperse and peaceably to depart to their habitations or
to their lawful business on the pain of being guilty of an offence for
which, on conviction, they may be sentenced to imprisonment for life.
GOD SAVE THE QUEEN.

[This would be lots of fun in this exact form in Quebec right now...]

R.S., 1985, c. C-46, s. 67;
1994, c. 44, s. 5.
Marginal note: Offences related to proclamation
68. Every one is guilty of an indictable offence and liable to
imprisonment for life who
(a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;
(b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or
(c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not
opposed, hindered or assaulted, wilfully and with force, a person who would have made it.
R.S., c. C-34, s. 69.

"...liable for imprisonment for life..."! I don't see that happening but if you want to go out and "smash the state", capitalism, globalization, what-have-you, be very aware of the ice you're walking on. One final bit of the section worth noting for the authorities:

Neglect by peace officer
69. A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Peace, Order and Good Government. That's what Canada is all about. We make no pretense in our Constitution of any "pursuit of happiness"; keeping the wheels on is what this country is all about from its' founding to present. This means that our public officials have a DUTY to do their jobs and keep the yobs off the streets even if that means making them (the yobs) unhappy. I suspect that once you slap fines on your average protestor for wearing a mask, only the hard core (who were going to be a problem anyway) will keep at it. Then comes the richly deserved head-cracking and  tear-gassing.

Making this work is in two parts: enforcement and moderation. The students in Quebec are losing what public support they may have had, so the time is ripe for a crackdown. I've used the phrase "pour encourager les autres" before, and taking enough of these protesters into custody (to be punished as appropriate) will gut the movement and restore order sooner rather than later.

It's possible to go too far (the "kettling" etc. in Toronto two years ago ) but despite the propaganda, another Tiananmen Square is simply not going to happen if a few dozen idiots get picked up and fined for wearing a mask. Random civilians will not be swept up for minding their own business, and that's one of my tests for a tolerable restriction on our behaviour.