Category Archives: Original Peoples

The Lost Morality of Economics

One of the most powerful and effective tools in the hands of capitalist economists is the suggestion that economics in general and capitalism in particular is some sort of science. This illusion – and illusion it is – is strongly assisted by the fact that modern economics is taught with the aid of impressive-looking mathematical equations and “proofs”. Economic textbooks are cluttered with tables, statistics, and graphs which make the books look like physics textbooks, or maths books even. Therefore economics must also be a science, right?

Well, no, actually. For the very simple reason that real sciences, such as physics and chemistry, demand a standard of proof and intellectual rigour that not only doesn’t exist in modern economics, it has never existed at all since the earliest days when some sort of economic theory could be perceived. Early economic principles were conceived in religion, and religion strongly influenced economic practices for at least two thousand years. Capitalism, the dominant economic belief of today, is still more of a religion than a science, because it demands from its adherents a level of blind faith which is little different from any other religious fanatic.

In the beginning

As an atheist I’m not much impressed by the bible, or any other religious work. I accept that there’s some limited utilitarian value in such books, for the slight contribution they make to studying the essential subject of history, but the main purpose they have always served – tools of psychological oppression for the rich to control the thoughts and actions of the poor – is reprehensible, and devalues any use they may have as lessons of history. The bible’s usefulness as a collection of historical documents is helpful for this discussion not because of any particular value to economic thought in the stories themselves, but in the almost undeniable fact that those stories were told, and presumably believed, a very long time ago.

RH Tawney was an economic historian whose work was well known in the first half of the last century, and was strongly influential on the embryonic ethical values of Britain’s Labour Party. He was a devout Christian and lifelong friend of William Temple, who became the Archbishop of Canterbury. Unsurprisingly he clearly felt no conflict of interest between his Christian faith and his staunch support of socialism, and if Tawney’s work is now largely unknown it’s probably due more to the latter fact than the former. However, much of what he had to say is as relevant today as it was in Tawney’s day – if not even more so.

One of his once quite well-known books, Christianity and the Rise of Capitalism, written in the 1930s, is a seriously important piece of work. It’s not an easy read, especially at the beginning where some of the old references he uses appear in the original Latin, Greek, German or French – without translations. And although he wrote with a beautiful elegance which is quite rare today I found I often needed to read some sections two or three times over to properly understand him.

The message of Tawney’s book is, essentially, this: although ruthless exploitation of the poor by the rich is probably as old as human history itself, there appears to have been a significant change in the wider social acceptance of the “rightness” of it starting somewhere around the time of the European Reformation in the sixteenth century.

The early morality of moneylending

I happened to be reading Tawney’s book at the same time as I was reading Ellen Brown’s excellent The Public Banking Solution, which coincidentally has a brief reference to a related point: that over two thousand years ago lending money at interest (which today we’re all conditioned to accept as the only way to do it) was not necessarily recognised as a good thing, and acceptable only in certain circumstances.

The Old Testament Book of Deuteronomy, Chapter 23 : 19 says:

Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury.

It’s not clear what was meant by “brother”, but it’s assumed it had a wider meaning than just one’s male sibling, and possibly meant any Jewish person (given that the book is mainly about the Jewish people). Because the very next verse goes on to say:

Unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury: that the Lord thy God may bless thee in all that thou settest thine hand to in the land whither thou goest to possess it.

These biblical references are interesting because they indicate the morality practised by the ancient Jews with respect to the business of lending. Furthermore, the second part of that last verse is intriguing, as it suggests that usury is a good way to help possess new lands. This theme is echoed earlier in Deuteronomy; for Chapter 15 : 6 reads:

For the Lord thy God blesseth thee, as he promised thee: and thou shalt lend unto many nations, but thou shalt not borrow; and thou shalt reign over many nations, but they shall not reign over thee.

So lending at interest was clearly recognised thousands of years ago as a tool to control other lands, and presumably for that reason it was forbidden for Jews to borrow from others.

This biblical chapter has other interesting comments on the morality of lending. It opens, for example, with this:

“1. At the end of every seven years thou shalt make a release.

  1. And this is the manner of the release: Every creditor that lendeth ought to his neighbour shall release it; he shall not exact it of his neighbour, or of his brother; because it is called the Lord’s release.”

This is obviously a clear statement that all debts should be wiped out every seven years.

There are further verses in Chapter 15 which clearly describe a high standard for the morality of money lending:

“7. If there be among you a poor man of one of thy brethren within any of thy gates in thy land which the Lord thy God giveth thee, thou shalt not harden thy heart, nor shut thine hand from thy poor brother:

  1. But thou shalt open thine hand wide unto him, and shalt surely lend him sufficient for his need, in that which he wanteth.
  2. Beware that there be not a thought in thy wicked heart, saying, The seventh year, the year of release, is at hand; and thine eye be evil against thy poor brother, and thou givest him nought; and he cry unto the Lord against thee, and it shall be sin unto thee.
  3. Thou shalt surely give him, and thine heart shall not be grieved when thou givest him: because that for this thing the Lord thy God shall bless thee in all thy works, and in all that thou puttest thine hand unto.
  4. For the poor shall never cease out of the land: therefore I command thee, saying, Thou shalt open thine hand wide unto thy brother, to thy poor, and to thy needy, in thy land.”

Some of this morality was clearly adopted by the early Christian church, because lending at interest (usury) was regarded as a serious sin, and charity towards the poor was routinely practised by most Christian churches and monasteries, and taught as a Christian virtue. This situation lasted for the best part of fifteen hundred years – until the Protestant Reformation.

 The age of Calvin

Arguably the single most powerful driving force behind the Protestant Reformation, the one thing which, probably more than any other that drove Martin Luther to hammer his 95 theses to the door of Wittenberg Castle church on Halloween in 1517, was the cesspool of corruption that had overtaken the Christian Church. The many problems that Luther publicly exposed to the glaring light of day, like the little boy who cried out that the emperor wasn’t wearing any clothes, gradually galvanised like-minded thinkers into action all across Europe.

Although Martin Luther is widely credited with initiating the Protestant Reformation, his interests appear to have been largely focused on reformation of the Church, to try to end the rampant corruption that was decaying the institution which meant so much to Luther for its spiritual values rather than its income-generating qualities. However, there were others, such as Huldrych Zwingli, and John Calvin, who interpreted Luther’s lead as an opportunity to liberate the business world from the traditional grip of the Church. Of these, Calvin arguably had the most influence on the economic changes that were soon to come about, and which would provide much of the moral justification for what is today widely recognised as capitalism.

Tawney captured the essence of the significant societal change that took place in the new dawn of the European Reformation:

To countless generations of religious thinkers, the fundamental maxim of Christian social ethics had seemed to be expressed in the words of St Paul to Timothy: ‘Having food and raiment, let us be therewith content. For the love of money is the root of all evil.’ Now, while, as always, the world battered at the gate, a new standard was raised within the citadel by its own defenders… Not sufficiency to the needs of daily life, but limitless increase and expansion, became the goal of the Christian’s efforts. Not consumption, on which the eyes of earlier sages had been turned, but production, became the pivot of his argument… The shrewd, calculating commercialism which tries all human relations by pecuniary standards, the acquisitiveness which cannot rest while there are competitors to be conquered or profits to be won, the love of social power, and hunger for economic gain – these irrepressible appetites had evoked from time immemorial the warnings and denunciations of saints and sages. Plunged in the cleansing waters of later Puritanism, the qualities which less enlightened ages had denounced as social vices emerged as economic virtues. [My emphasis].1

Although it’s highly unlikely that Calvin ever intended his writing to have the savage effect that modern capitalism has produced on humanity, our planet, and all living creatures, it’s clear to see a watershed moment coinciding with his work. Before Calvin the generally practised morality of everyday economic affairs was largely influenced by the same values the Church had been promoting for over a thousand years, significantly based on Old Testament teaching. But with Luther’s bold attack on the Church’s lucrative and highly corrupt protection racket, the door was flung open to confront any and all inconvenient Church restraints – such as money-lending and profit-making businesses, subjects about which Luther’s famous protest showed no particular interest:

What reason is there [asked Calvin] why the income from business should not be larger than that from landowning? Whence do the merchant’s profits come, except from his own diligence and industry?2

Today these seem innocuous questions, but in Calvin’s day they were almost sacrilegious. However, given the seismic rumblings that Luther had triggered they would have passed almost unnoticed – except by those who could see their potential for economic liberalism.

Tawney provides profound evidence for the effect this new thinking produced:

A practical example of that change in emphasis is given by the treatment of Enclosure and of Pauperism. For a century and a half the progress of enclosing had been a burning issue, flaring up, from time to time, into acute agitation. During the greater part of that period, from Latimer in the thirties of the sixteenth century to Laud in the thirties of the seventeenth, the attitude of religious teachers had been one of condemnation…

[but] When Major-General Whalley in 1656 introduced a measure to regulate and restrict the enclosure of commons… there was an instant outcry from members that it would ‘destroy property’ and the bill was refused a second reading.3

Enclosures in England, like the Highland Clearances in Scotland, were the massive thefts of land from the millions of poor who depended on it for their very survival. It’s easy, and not entirely incorrect, to see the plump hands of the well-nourished aristocracy behind this, but Tawney also draws our attention to the actions of another group who, if anything, are even more despicable than over-pampered patricians, a group who, two hundred years later, would be contemptuously identified as the “bourgeoisie”:

It was not the lords of great estates, but eager and prosperous peasants, who in England first nibbled at commons and undermined the manorial custom, behind which, as behind a dyke, their small savings had been accumulated. It was not great capitalists, but enterprising gildsmen (soc), who began to make the control of the fraternity the basis of a system of plutocratic exploitation.4

Many of those born into lives of luxury and over-pampered indolence, then and now, have no idea of the price paid in human misery and environmental destruction for their grotesque over-consumption. Whereas most of those who emerged from humble backgrounds and ruthlessly clawed and gouged their way to riches are only too well aware of the suffering they left far behind, and their own vital roles in perpetuating it.

Capitalism in its teenage years

There was still a significant ethical component in the teaching of economics two hundred years after Calvin. The subject was still not widely known as economics, merely part of the much wider subject of moral philosophy. Adam Smith, often called the father of capitalism, was not an economist, but occupied the chair of moral philosophy at Glasgow University for a number of years.

Smith’s best-known work “Wealth of Nations” is most well-known for one of its least important (and least accurate) phrases – the suggestion that everyone is driven by their own self-interest, and that an “invisible hand” guides their selfish actions toward the overall best interests of society.

Although much of Smith’s book sings the praises of profit-seeking, showing how far times have moved on from pre-Reformation days, the moral philosopher inside him is still cautious about the limitless power of corporations which, in Smith’s day, were just beginning to exercise their full nation-making (or breaking) strength:

The government of an exclusive company of merchants is perhaps the worst of all governments for any country whatever. 5

And he was concerned about the corruptive influence of big business upon the nation’s rulers:

In the mercantile regulations the interest of our manufacturers has been most peculiarly attended to; and the interest, not so much of consumers, as that of some other sets of producers, has been sacrificed to it.6

Although Smith was much mistaken, in my view, about the easy availability and sufficiency of work, it has to be remembered that when Wealth of Nations was written the worst effects of enclosures in England, and the clearances in Scotland were yet to be felt. Most people could still sustain themselves to some extent on the land if they had to, and at least provide basic shelter and prevent starvation for themselves and their families. The worst horrors of the so-called “Industrial Revolution” were still almost a hundred years away. Nevertheless Smith still had a high regard for the importance of human labour, rather than money, as the real source of a nation’s wealth:

Labour was the first price, the original purchase money that was paid for all things. It was not by gold or by silver, but by labour, that all the wealth of the world was originally purchased; and its value, to those who possess it and who want to exchange it for some new productions, is precisely equal to the quantity of labour which it can enable them to purchase or command…

Labour alone, therefore, never varying in its own value, is alone the ultimate and real standard by which the value of all commodities can at all times and places be estimated and compared. It is their real price, money is their nominal price only.7

It’s possible that Smith conceived this thought all by himself, but it’s also possible he obtained it somewhere else. Ben Franklin, for example, wrote the following well before Smith’s book came out:

The riches of a country are to be valued by the quantity of labor its inhabitants are able to purchase and not by the quantity of gold and silver it possesses.8

So it’s reasonable to assume that in Adam Smith’s day the slowly-evolving theory of capitalist economics still retained some of the teachings of the early Christian Church, not least of which was its recognition of the importance of human labour. Consider, for example, the harsh but generally not unreasonable words of 2 Thessalonians 3:10:

[I]f any would not work, neither should he eat.

However, not only was the brutality of the “Industrial Revolution” yet to reveal its advantages to the fledgling capitalists of Smith and Franklin’s day, so too was the steadily growing transatlantic slave trade.

Capitalism reaches full maturity

By the middle of the nineteenth century Capitalism had possibly achieved its zenith. The most powerful empire of the day, based in London, was ruthlessly exploiting the people and resources of so much of the Earth’s surface that the sun never set over it. The United States had seized control over the central landmass of North America by massive acts of genocide of its native people, and waging war with Spanish colonizers. As British colonizers wallowed in the wealth generated by millions of oppressed natives, British workers were literally starving to death in depopulated common land and the industrialised ghettoes of the new manufacturing hell-holes of England. As new US multi-millionaires wallowed in their wealth, the African slave population that was worked to death producing it reached its greatest number, about ten per cent of the total population of the US. Capitalism must have surveyed its work around the globe and smiled in satisfaction.

But to every action there is reaction.

There have always been small groups of oppressed people who have bravely resisted their oppression. For most of human history their small victories have usually been short-lived affairs ending not so much in ideological failure but by the same vicious brutality against which they fought. Even the more successful rebellions, such as the English and French Revolutions, were eventually crushed by the same reactionary forces that were initially overwhelmed. However, these more successful popular uprisings sent out ripples of change, which astute governments were quick to notice. Many of the political and social reforms that were slowly achieved in Britain in the nineteenth century were won not so much because of the ruling aristocracy seeing the wisdom of the reformers’ campaigns, but because of the salutary lesson taught to their French counterparts in the 1790s when they failed to heed the wrath of the masses.

Emerging from early seventeenth and nineteenth century reformers such as the Levellers, Diggers, Luddites and Chartists appeared an even more radical and coherent ideology: communism. Argued and explained in the writings of Friedrich Engels and Karl Marx, for example, communism inspired rebels all around the world, and with the victorious Russian Revolution in 1917 reason for real hope inspired reformers in almost every country.

Like the English and French Revolutions before it, the ripples spread out from Moscow across the world, and capitalist governments sat up and took notice. Obviously the new Russian upstart must be crushed, and it would indeed be ruthlessly opposed and attacked at every opportunity throughout its life, but in the meantime the rabble-rousers at home had to be carefully handled. Using the tried and tested method of divide and rule, together with liberal use of the more dark and sinister devices that have always been at the fingertips of powerful governments, communism was kept at bay in most of the western world. It was eventually defeated in 1989 when Mikhail Gorbachev served up his communist country on a platter to the treacherous western powers who would immediately sell his capitulation as a victory of the ideology of capitalism over communism.

Of course, it was nothing of the sort. Given that Russian communism, and later Chinese communism, were savagely and relentlessly attacked throughout their lives by the most powerful nations on the planet, it was not communist ideology that failed, it was western military and economic warfare that won.

But the key point to note, and indeed the point of this essay, is that at the heart of this ancient struggle lies a very simple economic question: whose benefit should the wealth of a nation serve? The capitalist believes that all wealth should be concentrated in the hands of a tiny minority of powerful people, utterly ruthless people driven only by their own greed and ambition and who will stop at nothing to achieve it. They do not openly say this, but it is without question how they behave. The communist believes that wealth should be evenly distributed between all people. Unlike the capitalist, who keeps his ambitions secret, the communist is perfectly open about his aims.

So it all comes down to morality. Who is right, from an ethical perspective, the capitalist or the communist? The communist is perfectly happy to argue his point on ideological grounds, but the capitalist has tried to turn his ideology into a bogus science, not only utterly devoid of any morality whatsoever, but also devoid of any intellectual rigour – and with its real purpose kept permanently hidden from view.

That modern capitalism is wholly conspiratorial in nature was once openly confessed by one of its leading champions, the American economist James Buchanan. Describing the exclusive gatherings of disciples that Buchanan hosted, historian Nancy MacLean explained:

Buchanan made one more important point to his invited guests. The key thing moving forward, he stressed, was that “conspiratorial secrecy is at all times essential.”9

But apart from being an ethical vacuum, modern economics as it’s widely taught, which is almost exclusively capitalist economics, is also not a science. It’s a construction composed entirely of fabricated nonsense, unproven and unprovable theories, and perfectly ridiculous claims, all dressed up in mathematical symbols to create the illusion that it’s somehow deep and meaningful. Even professional economists admit to the deceitful gobbledegook that is the subject of economics.

Thomas Balogh, for example, economic adviser in Harold Wilson’s Labour Government, here quoting the economist and Nobel Laureate Wassily Leontief, partly explained how this trickery has succeeded:

The increasingly technical formulations [of mathematics in economics] and the debate over their validity and precision provided employment for many of the thousands of economists now needed for economics instruction in universities and colleges around the world…

Mathematical economics also gave to economics a professionally rewarding aspect of scientific certainty and precision, adding usefully to the prestige of academic economists in their university association with the other social sciences and the so-called hard sciences. One of the costs of these several services was, however, the removal of the subject several steps further from reality. Not all but a very large number of the mathematical exercises began (as they still do) with the words “We assume perfect competition.” In the real world perfect competition was by now leading an increasingly esoteric existence, if, indeed any existence at all, and mathematical theory was, in no slight measure, the highly sophisticated cover under which it managed to survive.10

Australian economist Steve Keen is more direct:

There is one striking fact about this whole literature [of economics], and that is that there is not one single empirical fact in it.11

Even one of the best-known economists of all time, JM Keynes, is positively scathing about the pseudo-science in economics:

Too large a proportion of recent ‘mathematical’ economics are merely concoctions, as imprecise as the initial assumptions they rest on, and which allow the author to lose sight of the complexities and interdependencies of the real world in a maze of pretentious and unhelpful symbols.12

Under the careful management of capitalist economists, such as James Buchanan, the philosophy of economics has been entirely sacrificed to the lies and myths and pseudo-science of capitalist theory, a theory which serves no one except the super-rich. Keynes was unequivocal in his condemnation:

Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.13

And that was before modern capitalism properly hit its stride. Andy Grove, co-founder and CEO of Intel, provided a more recent, and accurate definition of capitalism:

The purpose of the new capitalism,” he said, “is to shoot the wounded.14

Well, it’s high time the wounded started shooting back. Economics is first and foremost about morality, not money.

  1. Christianity and the Rise of Capitalism, R.H. Tawney, p. 246.
  2. Ibid, p. 246.
  3. Ibid, p. 253 and 256.
  4. Ibid, p. 78.
  5. Wealth of Nations, Adam Smith, p. 722.
  6. Ibid, p. 841.
  7. Ibid, p. 44 and 47.
  8. The Public Banking Solution, Ellen Brown, p. 123.
  9. Democracy in Chains, Nancy MacLean, p. 117.
  10. The Irrelevance of Conventional Economics”, Thomas Balogh, p. 8.
  11. Debunking Economics, Steve Keen, p. 67.
  12. General Theory of Employment, Interest and Money, JM Keynes, p. 298.
  13. Extreme Money, Satyajit Das, p. 128.
  14. The Best Democracy Money Can Buy, Greg Palast, p. 146.

America’s Power Elite and their False Facts

America’s power elite are a tiny but very mighty fraction of America’s total population. The power elite belongs to America’s corpocracy, the “Devil’s” marriage between corporate America and government America, with the former firmly in the driver’s seat.1

The primary aims of the power elite are to monopolize the world’s dwindling resources by whatever means necessary, usually by force, and to control all peoples’ and nations’ way of life and their conditions of life. That’s a tall order for America’s power elite, but it’s a far taller order for Americans and the rest of the world to stop them.

It matters not to the power elite that the U.S. is seen by people around the world as the greatest threat to world peace.2  It matters not to the power elite that distinguished scholar/activists agree about the deplorable state of America, with, for example, one calling it a “rogue nation,” another calling it “the leading terrorist state,” and another calling it a “sociopathic society.3   It matters not that most Americans don’t like them.4 The power elite are very adept at loosening the political pressure valve just enough to allow dissidents like me to blow off steam without blowing off the lid.

Ever since their invasion of the Native Americans’ land, one of the trademarks of the power elite is their constant lying to the public about what they are doing and why and the true conditions of America. They specialize in giving the rest of us “false facts.” While I suspect that most Americans realize they are being hoodwinked, I think it’s still useful to summarize here what the most salient false facts are and to contrast them with the true facts.

False Fact: The American Revolution was fought to free the people from suppression by King George and his chartered corporations.

True Fact: The war was fought for the benefit of the power elite who subsequently had the new president, George Washington, start military operations to expand the newcomers’ territory. George dutifully did so. One of his military orders was to attack civilians of all ages who belonged to the Six Nations of the Indigenous Peoples in New York.5

False Fact: “We the people of the United States—do ordain and establish this Constitution for the United States of America.”

True Fact: The power elite who contrived the Constitution had no intention of letting “we the people” govern themselves, as evidenced, for instance, by the long delay in allowing women to vote and by the contrived “electoral college,” an obstacle to a popular vote. Former President George W. Bush once said the Constitution is just a piece of paper. And for once he was telling the truth!

False Fact: America is a democracy.

True Fact:  America has never been a democracy. From the start it was and remains a corpocracy. Truth be known, the power elite has turned America into a fascist state. The late fascist dictator of Italy, Benito Mussolini, knew what he was talking about: “Fascism should more properly be called corporatism because it is the merger of state and corporate power.” “Precisely!” is what I imagine Professor Lawrence Brit, a political scientist, would say. He has concluded from his studies that America has all of the following 14 characteristics of a fascist state: “Disdain for the Recognition of Human Rights; Identification of Enemies/Scapegoats as a Unifying Cause; Supremacy of the Military; Rampant Sexism; Controlled Mass Media; Obsession with National Security; Intertwining of Religion and Government; Protection of Corporate Power; Suppression of Labor Power; Disdain for Intellectuals and the Arts; Obsession with Crime and Punishment (of all but the power elite); Rampant Cronyism and Corruption; and Fraudulent Elections.6   If you can’t find evidence in America of any of these 14, then you must be living on an isolated island.

False fact: America’s Civil War was fought to free the slaves.

True Fact: Our Civil War killed more Americans by far than any other of our wars. “Honest” Abe started the war to preserve the “union” for a stronger defense against foreign enemies and to strengthen the power elite’s hegemonic aspirations. Furthermore, Abe was a self-proclaimed racist. Don’t believe me? Maybe you will when you read this piece of what he wrote to a correspondent: “I am not, nor ever have been, in favor of bringing about in any way the social and political equality of the white and black races—and I as much as any other man am in favor of having superior position assigned to the white race.7  Abe is just one of all but two US presidents (who died shortly after inauguration) whose legacies America’s power elite have had to spin over time to prevent popular uprisings.8

False fact: America’s wars have been unavoidable and just.

True Fact: America’s wars have been contrived by America’s power elite and have thus been unavoidable and unjust. America’s wars are the lies of America’s power elite.9  America’s wars and any wars are also, Albert Einstein once said, “an act of murder,” an irrefutable declaration in my opinion.10 That being so, does it also mean that any U.S. president except for two U.S. presidents in office too short of a stay to have done any harm, are surrogate murderers? And since the murders were done in our name what does that make us?

False Fact: Whistleblowers are traitors.

True Fact: It’s the power elite’s excuse for locking up conscientious dissidents. The true traitors are the corrupt politicians who by having people killed in other lands are violating our Constitution and International Criminal law and thereby endangering our nation.

False Fact: Our nation’s military represents the best this country has to offer.

True Fact: The drone operator who guides a bomb that kills people during a wedding procession in a far-away land certainly doesn’t represent the best this country has to offer. The military responsible for the deaths of millions of people over the years certainly doesn’t represent the best this country has to offer. What does, then? A nation of people that values and supports a caring society and economic system that encompasses “caring for children, the sick, the elderly, employees, customers and our environment.” That is the view of one of the best authors of all time in my opinion, Rianne Eisler. Everyone should read her book, The Real Wealth of Nations.11

False Fact: America’s war veterans are heroes.

True Fact: Some are, and some aren’t. People need to be sensitive to the difference. Referring indiscriminately to all war veterans as heroes only perpetuates what is indefensible, namely the glorification of war, the most ignoble of all human enterprises. Exalting the young men and women going overseas and risking their lives, limbs, and minds to kill foreigners in our name for the benefit of America’s power elite is indefensible.

Consider the sentiments of an Army officer being medically evacuated from battle in Afghanistan: “I’ve been in the Army twenty-six years and I can tell you it’s a con.” He goes on to say that his two young sons in college won’t have to serve,” and then adds, “Before that happens, I’ll shoot them myself.” He says he won’t deploy again. “War is absurd. Boys don’t know any better. But for a grown man to be trapped in stupid wars — it’s embarrassing, it’s humiliating, it’s absurd.”12 If only he could be a US president!

False Fact: To rationalize its own excesses, including its hand-outs from the government, corpocratic capitalists spout the theory of trickle-down economics as a rationalization for their own hefty welfare benefits, arguing that more money at the top will eventually trickle down to the bottom in the way of jobs.

True Fact: The evidence clearly shows it to be false.13 The excesses gush upwards. What small residual trickles down stops at the back door of the shrinking middle class, never going down farther to “the projects,” a euphemism for public housing where the poorest of poor who aren’t homeless live in dangerous and fetid conditions.

False Fact: The rich say the poor get what they deserve.

True Fact:  A distinguished professor of social welfare refutes the popular belief that poor people are primarily responsible for their own poverty. Poverty instead, this professor contends, “is largely the result of structural failings at the economic, political, and social levels.”14 In other words, we should blame the corpocracy and its power elite, not poor, jobless people.

False Fact: Public services need to be privatized because government is inefficient and costly.

True Fact: Michael Edwards, activist and author, explains in his book Small Change that the inherent nature of business with its profit-seeking motive and its short-term perspective and demands makes business unable to come even close to solving hardcore problems like poverty, epidemics, war, social discord, and the like.15 I would simply add this question: How many business firms, large or small, can you name that are making significant inroads on such problems?

Yet the public sector is increasingly being taken over by the private sector. Privatization, argue Si Kahn and Elizabeth Minnich, co-authors of The Fox in the Henhouse, is the private sector’s way to “undercut, limit, shrink, or outright take over any government and any part of the public sector that stands in the way of corporate pursuit of ever larger profits and could be run for profit.16

There you have it, at least 11 of the power elite’s false facts repudiated. It will take far more than a massive effort to educate the public. Just what additionally would be required is beyond the scope of this short article.

If you want to know what more I have to say about America’s power elite and whether the living field can be leveled so that power is more evenly distributed among the citizenry, you can e-mail me (ten.ttanull@rewopycarcomed) and I’ll e-mail you in return an advance copy of my new book when its galley proof is ready.

  1. Brumback, GB. The Devil’s Marriage: Break Up the Corpocracy or Leave Democracy in the Lurch. Author House, 2011.
  2. See, e.g., Post Editorial Board. U.S. Is the Greatest Threat to World Peace? New York Post, January 5, 2014.
  3. Blum, W. Rogue State: A Guide to the World’s Only Superpower. Common Courage Press, 2005; Chomsky, N. Noam Chomsky: “The Leading Terrorist State”, Truthout, November 3, 2014; and Derber, C, Sociopathic Society: A People’s Sociology of the United States, Routledge, 2013.
  4. Ellis, C. “Americans: Government Corrupt, Elite Serving Only Themselves”, WND, March 3, 2016.
  5. Schwarz, J. “A Short History of U.S. Bombing of Civilian Facilities”, www.theintercept.com, October 9, 2015.
  6. Brit, L. “The 14 Characteristics of Fascism,” Free Inquiry, Spring, 2003.
  7. Zinn, H. A People’s History of the United States, Harper Perennial, 2005, p. 188.
  8. Brumback, GB. Spinning the Legacies of America’s Presidents, Dissident Voice, July 31; OpEdNews, August 1, 2016.
  9. Swanson, D. War is a Lie, David Swanson publishing. 2010.
  10. Einstein, A. Original source unknown.
  11. Eisler, R. The Real Wealth of Nations. Berrett-Koehler, 2007.
  12. Jones, A. “A Trail of Tears: How Veterans Return from America’s Wars.” Best of TomDispatch: “Ann Jones, War Wounds.” February 14, 2016.
  13. Sowell, T. “The Trickle-Down Lie.” National Review, January 7, 2014.
  14. Rank, MR. One Nation, Underprivileged: Why American Poverty Affects Us All. Oxford University Press, 2005, p. 64.
  15. Edwards, M. Small Change: Why Business Won’t Save the World. Berrett-Koehler, 2010.
  16. Kahn, S. & Minnich, E. The Fox in the Henhouse: How Privatization Threatens Democracy. Berrett-Koehler, 2005.

Canada Declares War on the Wet’suwet’en Territory

On January 7, the Canadian settler-colonial state sent its federal police force, the RCMP, to enforce an injunction against the Wet’suwet’en nation. Members of the Gidimt’en and Unis’tot’en clans have been defending their lands – which have never been ceded to the Canadian state – from an incursion from members of the extractive industry who are seeking to push through the multi-billion dollar CoastalGasLink pipeline, which aims transport fracked gas across their territories to refineries in Kitimat and ultimately to export markets in Asia. Today the RCMP succeeded in raiding the first checkpoint, set up on the Gidimt’en territories. At the time of posting, a second raid on the Unis’tot’en camp is expected any moment.

See also “Canada’s Respect for the Rule of Law and Its Sacred Obligation to First Nations.”

Updating Some Canadian Political Prisoners January 2019

Disproportionate numbers of First Peoples are in Canadian prisons. Society arranges this fact to not seem that extraordinary. It could be argued that aboriginal peoples are political prisoners in North America, in or out of prison. Or that this is true for all minorities. Or that as the war on terror proceeds all Canadians may find themselves in a political prison.

Privilege and prejudice are clarified when we note that aboriginal men and women damaged in government (police) custody are not often plaintiffs in trials for damages. And properly, this account would run to several thousand pages listing the individual cases of First Peoples’ imprisonment, rising out of a society which feels compelled to treat the education of, the medical care of, the social services for, the nourishment of, the housing of, the remuneration for, First Peoples unjustly.

Unlike the U.S., Canada hasn’t used extreme long term incarceration of Indigenous leaders to discourage Indigenous movements’ protest actions. In the U.S. Leonard Peltier was sentenced to two life imprisonment terms for a crime he likely didn’t commit. Non-Indigenous U.S. leaders of the people such as the Kennedy’s, Dr. King and Malcolm X, were simply shot, and Canada’s historical icon of revolt Louis Riel was simply hanged. The many indigenous leaders in Canada maintain relatively low profiles and are more diffusely represented in these vast spaces of the land.

Currently, the only group of Canadian political prisoners which approaches the length of sentences given U.S. political prisoners is Canadians who are Muslim.1 They have been treated poorly in domestic prisons or left to the dogs in the custody of foreign agencies. In some cases Canada’s security agencies seemed to be outsourcing torture for information. Of Canadian Muslims damaged in custody, Maher Arar was awarded 11.5 million dollars in an out of court settlement concerning the Canadian government’s responsibility for his torture in Syria.

Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin settled for about half of what each asked, 31.25 million apiece because of Canada’s assistance to the Syrian government in having them falsely arrested and tortured.

Omar Khadr was to receive 10.5 million for Canada’s cooperation with the U.S. on Khadr’s incarceration and torture in  Guantanamo while a minor.

One lawsuit filed by Abousfian Abdelrazik, whom the Canadian government left in the hands of Syrian torturers, was settled out of court in 2017.

In 2015 the Canadian government settled out of court a suit by Benamar Benatta whom it had turned over to the FBI as a terrorist suspect: he was imprisoned 5 years before they decided he wasn’t a terrorist.

Daniel Ameziane, who sought political asylum in Canada from Algeria, is suing Canada for 40 million dollars2, after his torture in U.S. Guantanamo which he alleges was reliant on Canadian supplied information. and yielded the Canadians in turn information obtained by his torture (Ameziane, denied asylum in Canada, was subsequently arrested in Pakistan by a bounty hunter and sent to Guantanamo). The five Muslim men detained (arrested without charge) for varying lengths of time in extreme conditions, under the mechanism of Canadian Security Certificates, were not found guilty of any crime and have not, to my knowledge, initiated suits to compensate them for their arbitrary loss of rights, their suffering and the government’s attempts to ruin their lives.

What is unusual about the Canadian persecution of Canadian Muslims is that they have some chance for redress in Canadian courts for severe violations of their human rights. Here I’ll try to update several cases Night’s Lantern has encountered in the past, and these of Muslims, targeted under the U.S./ NATO programs of the wars on terror and Muslim countries. The cases suggest a domestic application of an aggressive foreign policy which has the intention of corporate resource acquisition by force.

Entirely ignored by the media is the case of Said Namouh who was arrested in 2007 and is serving a sentence of life imprisonment with parole possible after ten years (yet facing deportation if paroled). The charges against him were for participating in terrorist activities. But he committed no crime of violence against anyone.3 There was no evidence linking him to alleged bomb-making or making real the prosecution’s suppositions of active terrorism. The star witness against him was an Israeli CEO of a U.S. defense industry intelligence provider who analyzed Namouh’s computer hard drive. Namouh’s “crimes” were primarily of internet communication, personal declarations, extremist associations, in other words – his beliefs, convictions. This case puzzles innocents because it is entirely legal to have beliefs and convictions and it is legal to share them. In 2018 Namouh was denied his first application for parole; the parole board noted his record in prison wasn’t exemplary, and it wasn’t, but he didn’t try to kill anyone and he didn’t steal anyone’s dessert. The parole board (“La Commission des libérations conditionnelles”) isn’t likely to hear his case again until 2023. Yet there is a forfeit of the prisoner’s human rights and civil rights here, not because Namouh’s beliefs are unwise, unsafe, in some instances illegal, or against Canadian security interests, but because the punishment is the same as a mass murderer’s. He was in no way proven guilty of mass murder or any act of violence. His was a propaganda trial with a propaganda punishment.

Another level of shame is reached in the more obvious injustices of Canadian Security Certificates. One recognizes Stasi or Gestapo tactics which aren’t Canadian practices, and the government has restrained itself from using the certificates since early in the new millennium. All five of the Muslim men arrested under Canadian Security Certificates back in 2000 to 2003 have been released from prison through the efforts of their lawyers in one trial after another. Despite government challenges Canada’s judicial system has safeguarded some of humanity’s progress since the dark ages. The government’s attempts to justify in court application of Canadian Security Certificates has cost Canadian taxpayers millions of dollars.

Mohamed Harkat, former Canadian Security Certificate detainee, imprisoned without a charge against him in 2002, now lives at home protected from prison by judicial decisions, with his Quebec born Canadian wife of nearly twenty years. Their lives are under threat every day with complete disruption by the government’s continuing intention to deport him to Algeria, where it’s believed he is in danger of torture or death.((“Justice for Mohamed Harkat: stop his deportation to torture.)) Aside from the label of suspected terrorist assigned him by Canada’s security agencies, any refugee returned to Algeria is known to be at risk. In June 2018 Al-Jazeera reported 13,000 migrants left by Algeria in the Sahara desert within the last 14 months, subject to forced marches without water and food.4

The ordeal of Mohamed Harkat’s arrest without charges or public evidence against him has lasted year after year, placing him in prison, in solitary, on hunger strike, in house arrest with court ordered regimens, has subjected his wife to suffering and police abuse, subjected the family to legal expenses, debts, and charity without compensation. (Summary). If one wanted to inflict the conditions of a lasting torture on a family, either to obtain information or as one more threat to encourage the Muslim community to cooperate with government policies bordering on genocide in several Muslim countries, one might imagine inflicting on them the lives of Mohamed and Sophie Harkat.

In a report to the UN Human Rights Council last Spring, Nils Melzer (the UN Special Rapporteur on torture) noted: “Whenever States failed to exercise due diligence to protect migrants, punish perpetrators or provide remedies, they risk to become complicit in torture or ill-treatment.”5

The injustices inherent in the government’s prosecution of a group branded the “Toronto 18” in 2006 by the press are less clearly defined and are difficult to explain. People are afraid to ask obvious questions about the group of minors and young men who were quite possibly guided into a horrible conspiracy by the several police agents among them to plan and organize a series of terrorist acts beyond the abilities of any in the group who weren’t police agents, to execute.

As soon as early reporting of the arrests entered court, the judge placed a gag order on reporting details of the trial or revealing the defendants’ names. Portions of the ban protecting minors seem to remain in force. The mechanism has also provided a means to keep out of public scrutiny any low-profile informants and the role they played in a “conspiracy” which some of the defendants were unwilling to recognize. The alleged crimes the “conspiracy” was charged with were horrific and frightening, particularly to a population with misgivings about U.S. and Canadian wars against Islamic countries, crimes against international law, guilt from Canada’s role in “Operation Desert Storm,” the initial US and Coalition bombing of Iraq, the destruction of Iraq’s civilian infrastructure, depriving the country’s children of a future. By the time the US and its coalition invaded Iraq in 2003 Canada refused full participation. Canada’s commitment to fighting in Afghanistan may also be considered complicity in a war of aggression and a number of the “Toronto 18” expressed anger at Canada’s involvement in Afghanistan. So the script for the “Toronto 18” was noticeably muzzy, vague except in the allegations of dastardly plots and plans, and the curiousness that young Canadian citizens who were in other respects bright students and entrepreneurs could be manipulated into over-expressing their imaginations and feelings about injustice.

In court eleven Canadian citizens accused were sentenced to prison. Charges against others were dropped or withdrawn. Of the accused, most just pleaded guilty. Four claimed their innocence but were convicted. Interestingly each case was different which one would not expect of a conspiracy. Charges relied heavily on the actions and testimony of a police informant (one is featured in official narratives) considered by some to have been a causative agent. The convicted did not have the knowledge or means to execute the terrorist actions they were found guilty of, and their actions required the professional help of the police informant(s). This troubled my own understanding of the case as it was revealed in the press, and the presence of this basic injustice may explain why post sentencing information about members of the “Toronto 18” remains scarce.

The justice of their trials in 2009-2010 may be further questioned after a recent ruling in Vancouver BC which found the RCMP basically responsible for the terrorist acts committed by John Nuttall and Amanda Korody.6 The couple were recent converts to Islam and recovering drug addicts, guided into a terrorist plot and supplied the knowledge and materials to commit terrorist crimes by RCMP undercover. A three judge appeals court affirmed the decision of the lower court that the RCMP had basically entrapped the defendants, who were then freed. The RCMP’s case was found to be “a travesty of justice.”.

To begin to gather then this disparate group of the “Toronto 18” I mention eight of the eleven who were found guilty and sentenced:

Arrested when he was 18, Saad Gaya pleaded guilty in court in 2010 and was sentenced to 12 years in prison with pre-sentencing imprisonment of 3.5 years credited double. Gaya was to serve a remaining 4.5 years but was parole eligible in 18 months. However, the Crown was able to increase his sentence to 18 years. In 2016 the National Post reported he was granted day parole to attend graduate school.7

Mohamed Dirie convicted for weapons smuggling in the “Toronto 18” plot was sentenced to seven years including pre-sentencing time served. He was released in 2011, and is reported to have died fighting for “an extremist group” in Syria, 2013.8 Unconfirmed.

Zakaria Amara9 pleaded guilty in 2009 to charges in the “camp plot” conspiracy and to charges in the “bomb plot” conspiracy. In 2010 he was sentenced to 21 months in addition to time served for the first, and for the second, life imprisonment. He was incarcerated in Quebec and eligible for parole in ten years. In 2013 the Supreme Court of Canada refused to review his sentence.

Fahim Ahmad, sentenced to 16 years with double credit for pre-sentencing time served, was previously denied parole but will have completed his sentence and should be freed in 2018, according to The Toronto Star, and released early in 2018 according to the National Post. By 2019, I’ve found no notice of his release.10

Shareef Abdelhaleem who maintained that he “had no intention of causing injury or bodily harm” and asked the judge to sentence him as the judge would a white Catholic…, was sentenced to life in prison, and with pre-sentencing time included, was parole eligible in ten years. His father was an engineer with Atomic Energy of Canada who had posted bail for Mohammad Mahjoub, the Security Certificate detainee. The father’s implication in the “conspiracy” was attempted. Of his son, the prisoner, Wikipedia quotes him: “I am the last person to be a threat…this whole thing was staged to impress the public, to give them fear.”11

Steven Vikash Chand, a former Canadian forces reservist and new convert to Islam, was found guilty of participation and advising a financial fraud to assist a terrorist group. He was sentenced to 10 years including time served, yielding a release in 2011.

Despite a recognized lack of serious involvement with the conspiracy group, Asad Ansari was sentenced in 2010 to six years five months for participating/contributing to a terrorist group, which amounted to time served. Like several others in the “Toronto 18” group, the government’s threat to withdraw his Canadian citizenship was canceled under a change in government and Royal Assent granted to Bill C-6 June 19, 2017.

Saad Khalid pled guilty in 2009 to intending to cause an explosion and was sentenced to 14 years in prison including 7 years served. He was said to be radicalized in prison and the Crown increased his sentence from 14 to 20 years.

These are long sentences in mens’ lives. This listing leaves three of the accused and found guilty prisoners uncounted, as well as the seven of those arrested and one way or another released. We can guess that most of those found guilty have by now served their time or reaching their parole date were quietly released. No one asks why children and young adults who were so normal in other respects leading the lives of innocents, imagined such horrific responses to their country’s crimes against innocent men women and children abroad.

  1. Canada and the politics of Islamophobia,” J. B. Gerald, February 5, 2017, nightslantern.ca.
  2. “Guantanamo: Ex-inmate sues Canada for alleged torture,” Jillian Kestler-D’Amours,” November 10, 2017, Al-Jazeera.
  3. “Pas de libération conditionnelle pour Saïd Namouh,” Louis Cloutier, February 7, 2018, TVA Nouvelles / MédiaQMI.
  4. “Deported by Algeria, migrants abandoned in the Sahara Desert,” Victoria Gatenby, June 25, 2018, Al-Jazeera.
  5. “Migration policies can amount to ill-treatment and torture, UN rights expert warns,” UN Human Rights Council, March 1, 2018, Reliefweb.
  6. “B.C. Court of Appeal: Couple convicted in Victoria terror case entrapped by RCMP,” Amy Smart, Canadian Press, December 19, 2018, Vancouver Sun.
  7. “Toronto 18″ convict granted day parole so he can go to graduate school,” January 1, 2016, National Post.
  8. “Man convicted as part of Toronto 18 plot reportedly killed in Syria,” The Canadian Press September 26, 2013, Macleans.
  9. “Bomb plotter sentenced to 12 years,” Michael Friscolanti, January 18, 2010, Macleans.
  10. “Toronto 18 plotter reflects on a decade in prison,” Michelle Shephard, May 29, 2016, Toronto Star.
  11. “Toronto 18″ member released on day parole in middle of 18-year sentence,” The Canadian Press, January 2, 2016, CBC.

Canada’s Respect for the Rule of Law and Its Sacred Obligation to First Nations

It is time for a renewed, nation-to-nation relationship with First Nations peoples, one that understands that the constitutionally guaranteed rights of First Nations in Canada are not an inconvenience but rather a sacred obligation.

— Canadian prime minister Justin Trudeau speaking to First Nation leaders, 8 December 2015

In Part 1, it was noted that Canadian politicians repeatedly claim that Canada is a nation bound by the rule of law.

People can claim whatever they want; that does not make the claim true. Likewise anyone can pooh-pooh a claim. But that doesn’t refute the claim. Bogus claims are revealed by providing sufficient evidence to counter the deceit.

Although there are myriad examples to adduce that Canada is not a country bound by the rule of law, this article will focus on one current example.

It is important to first acknowledge the irrefutable fact that Canada is a nation established through the denationalization of other states. This was wrought by genocide and dispossession.1

Canada’s Respect for the Rule of Law and the Wet’suwet’en

Located in the central interior of the province colonially designated British Columbia are the people of the Wet’suwet’en First Nation. Coastal GasLink considers this terrain as the most suitable to lay a pipeline. This, though, has not received the consent of the Dinï ze’ and Ts’akë ze’ (Hereditary chiefs); in fact, the proposal from Coastal Gaslink was unanimously turned down.

However, a recent Supreme Court of BC decision granted an injunction permitting pipeline corporations to the enter the unceded territory of the Wet’suwet’en. Consequently, the Wet’suwet’en erected a second checkpoint farther down the road on Gitdumt’en Territory. The injunction was then expanded to encompass the entire forest service road, including the second checkpoint.

The below Real News network report makes clear that the legal process was a sham.

The Wet’suwet’en interpret the 1997 Supreme Court of Canada Delgamuukw v. Queen decision as conferring them the right to meaningful consultation which they say has not happened in the current case.

Freda Huson, the Spokeswoman for the Unist’ot’en stated,

The plaintiffs in the landmark Delgamuukw Supreme Court of Canada case are the Hereditary Chiefs and their members. Government and Industry are breaking their own laws when they choose to only consult with Indian Act band councils. The propaganda writers for the Pacific Trails Pipeline like to say that they have 15 First Nation People’s support, when in fact they have only been talking to Indian Act communities. That has to stop. This struggle to protect our lands is not about holding out for financial gain. It is about protecting our lands from destructive practices from industry. Our actions will not only benefit our future generations but everyone’s future generations.

The United Nations Declaration on the Rights of Indigenous Peoples

Initially, Canada was among four Anglo-Saxon settler-colonial countries that refused to sign on to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 — the others being Aotearoa (New Zealand), Australia, and the United States. 144 countries did sign. Finally, Canada agreed to adopt the UNDRIP in 2016. However, the UNDRIP still awaits full implementation, and that process has its skeptics.

Mi’kmaq lawyer Pam Palmater sees the federal government ss mostly talk and little action.

“Canada is fooling people when it says it unconditionally supports UNDRIP,” said Palmater.

The UNDRIP has already had legal implications elsewhere. On 18 October 2007, the Supreme Court of Belize ruled in Cal v. Attorney General that the national government must recognize the indigenous Mayans’ customary tenure to land and refrain from any act that might prejudice their use or enjoyment of this land. This reversed the Belize government’s 2001 decision to give rights to resource industries on traditional Mayan lands thus preventing Mayans from farming.

The Chief Justice of Belize, Abdulai Conteh, stated that the Mayan people had preeminent rights to their land. Conteh held that Mayan rights to occupy their lands, farm, hunt and fish pre-date European colonization and remain currently in force.

Conteh also cited Delgamuukw v British Columbia, “Indigenous title is now correctly regarded as sui generis.” The fact of Indigenous peoples having inhabited a land over time had given them land title rights.

There are a number of articles in the UNDRIP that seem relevant to Indigenous peoples’ right to inhabit the land free from disturbance.2

Given the recent legal machinations against the Wet’suwet’en, among several outstanding issues dogging the federal government in its responsibilities and relations with First Nations, one would tend to regard the Trudeau government’s pronouncements about guaranteeing the rights of First Nations as a “sacred obligation” with deserved heavy skepticism.

It would seem that the same skepticism is deeply deserved for assertions of Canada’s dedication to the rule of law.

Meanwhile, the five Wet’suwet’en clans are reinforcing the second checkpoint while awaiting the expected police assault in supposed adherence to the rule of law — a rule of law imposed by settlers colonialists over a people who have never surrendered land they have lived on since time immemorial.

A 29 December 2018 email from the Unist’ot’en Solidarity Brigade warns, “When, not if, the RCMP move against the checkpoints it is not just First Nations land defenders in their sights – it is you, your family, the entire biosphere they will be attacking.”

  1. See Bruce Clark, Ongoing Genocide caused by Judicial Suppression of the “Existing” Aboriginal Rights (2018). Review; Bruce Clark, Justice in Paradise (McGill-Queen’s University Press, 1999); Splitting the Sky with She Keeps the Door, The Autobiography of Dacajeweiah, Splitting the Sky, John Boncore Hill: From Attica to Gustafsen Lake (John Pasquale Boncore, 2001). Tamara Starblanket, Suffer the Little Children: Genocide, Indigenous Nations and the Canadian State (Clarity Press, 2018). Review; Tom Swanky, The Great Darkening: The True Story of Canada’s “War” of Extermination on the Pacific plus The Tsilhqot’in and other First Nations Resistance (Burnaby, BC: Dragon Heart Enterprises, 2012). Review; James Daschuk, Clearing the Plains: Disease, Politics of Starvation, and the Loss of Aboriginal Life (University of Regina Press, 2013); Robert Davis and Mark Zannis, The Genocide Machine in Canada (Black Rose, 1973).
  2. See, e.g.,

    Article 3
    Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

    Article 7
    2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

    Article 3
    Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

    Article 5
    Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

    Article 7
    2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

    Article 8
    2. States shall provide effective mechanisms for prevention of, and redress for:
    b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

    Article 18
    Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

    Article 25
    Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

    Article 26
    1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
    2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
    3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

Canada and the Rule of Law

Canada’s fealty to the rule of law is much spoken of nowadays by Liberal politicians in regards to a current pending extradition request made by the United States to Canada. Canada became embroiled in the international trade spat between the US and China when it arrested Meng Wanzhou, the chief financial officer of telecommunications giant Huawei at the behest of the US government. Indeed, some more critical types would characterize it as nothing short of a kidnapping. Meng has been alleged to have broken US sanctions against business dealings with Iran. The charges against Meng, however, are not considered to violate any Canadian laws — nor, according to China’s embassy in Canada, any US laws.

As a justification for the high-profile arrest, a repeating media chorus is heard in the Canadian political scene:

Former foreign minister Peter McKay said, “… we are following our rule of law.”

Current foreign affairs minister Chrystia Freeland intoned, “Canadians expect me to stand up for the rules.”

Prime minister Justin Trudeau asserted, “Canada is and always will remain a country of the rule of law.”

Trudeau emphasized that “all through this and through whatever happens in the world Canada stays consistent with the rule of law and applying our judicial system and we always will.”

Mind you, these words about adherence to the rule of law are spoken by Canada’s first prime minister found to have broken federal ethics laws.

China, however, was having none of this. China’s Ministry of Foreign Affairs spokeswoman Hua Chunying forcefully stated,

The United States and Canada can’t continue to boast that they are abiding by the rule of law. But in my opinion this is simply a modern version of the emperor’s new clothes. No matter what excuse they use, they are displaying ignorance of the fact and contempt for the rule of law. They have become laughingstocks of the world.

What underpins the Rule of Law?

1. Accountability: all are accountable under the law.

2. Laws are Just: the laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.

3. Open Government: enacts and applies laws that are accessible, fair, and efficient.

4. Accessible & Impartial Dispute Resolution1

*****

It is in-one’s-face obvious that the US sanctions law against Iran is unjust. What became an international agreement under president Barack Obama, the Joint Comprehensive Plan of Action aka the Iran nuclear deal, was shunted aside early into the Donald Trump presidency, this despite Iran always being found in compliance with the agreement. Thus it is the US which violates the terms of the agreement by its withdrawal and sanctioning Iran and other actors who deal with Iran.

Moreover, the legality of unilateral sanctions is questionable and they are considered to violate the tenets of the United Nations Charter.2

Seldom one to hold back, Trump bumbled into the legal proceeding and commented that he might intervene in the case of Meng, thereby politicizing the process. Nevertheless, given all these circumstances, Canadian officials continue to parrot the following-the-rule-of-law line

But does Canada really have a reverence for the rule of law?

In Part 2: what does the record indicate about Canada’s adherence to the rule of law.

  1. “What is the Rule of Law?” World justice Project.
  2. Rahmat Mohamad, “Unilateral Sanctions in International Law: A Quest for Legality,” in Marossi A., Bassett M. (eds) Economic Sanctions under International Law (The Hague: TMC Asser Press, 2015.)

Indigenous Nation Blocks TransCanada Pipeline with New Checkpoint

When TransCanada attempts to deliver a Canadian court injunction against a decade-old Wet’suwet’en checkpoint, they run into a second checkpoint instead. The Wet’suwet’en people have never signed treaties with Canada or sold their lands, a fact confirmed by Canada’s Supreme Court in 1997 in a landmark case known as Delgamuukw.

Mexico on the Eve of AMLO: “So Far from God and So Close to the United States”

The full quote by Porfirio Díaz is: “Poor Mexico, so far from God and so close to the United States.” Mexican President Díaz (1876-1880 and 1884-1911) got it at least half right. Mexico has suffered in the shadow of the Colossus of the North, but Mexico is not poor. Mexico is rich in many ways, yet it also has been impoverished. And Mexico has been greatly underappreciated by North Americans.

Mexico is bucking an international right-wing tide, shifting its government from right to left-of-center with the presidential inauguration of Andrés Manuel López Obrador (AMLO) on December 1. Speaking for international capital, The Economist is worried. The other 99% of humanity is hopeful. A cautionary history of this trice conquered land follows.

Pre-Colombian Mexico and the First Conquest

Prior to Europeans “discovering” the New World, Mexico was home to many great civilizations, which thrived for nearly four millennia: Aztec, Huastec, Izapa, Maya, Mixtec, Olmec, Purépecha, Teotihuacan, Toltec, Totonac, and Zapotec. History and Headlines rates the “10 great historical civilizations,” naming the Olmecs and Aztecs alongside the Romans, Persians, and Egyptians.

The popular image of the Aztec depicts savage men in loin clothes and feathers on top of stone pyramids making human sacrifices. But let’s put that into historical context. Historian James Cockcroft tells us that at the same time the barbarians in the New World were assuaging their pagan gods with human blood, more  people met their end  burned at the stake as “witches” by the civilized Europeans in the name of Jesus. Christian femicide is a forgotten legacy.

European contact in 1519 brought Christianity and disease to the then flourishing Mexican civilizations. While the Europeans and the indigenous Americans were roughly on the par technologically, the Europeans were far more adept at war and to them went victory and the spoils.

Geographer Jared Diamond estimates that 90% of the Native American population was obliterated by measles, small pox, flu, and the like for which the Europeans had developed relative immunities. Mexico did not regain its 1519 population until 1940, taking over 400 years to recover.

Although the official language of Mexico is now Spanish and Mexico is the most populous Spanish speaking nation in the world, it is also home to the largest number of actively spoken indigenous languages in North America.

The Second Conquest of Mexico

The first conquest of Mexico was by the Spanish conquistadores. The second was by the Yankees and has received far less acknowledgement.

Mexico won its independence from Spain in the period 1810-21 and with it slavery was abolished, though not entirely until 1829. It wasn’t until 1863, when the Emancipation Proclamation was issued followed by the Thirteenth Amendment two years later, that formal slavery was abolished in the US. However, sharecropping and Jim Crow laws continued to preserve the “peculiar institution” in the “land of the free.”

The Adams–Onís Treaty of 1819 established the border between the former Spanish colonial territories and the former British colony, now the US.

By 1836, the Republic of Texas succeeded from Mexico and was annexed to the US in 1845. The following year, the Mexican-American War was provoked by the US as a war of conquest.

Two years later, Mexico was forced to sign the Treaty of Guadalupe Hidalgo ceding nearly half its national territory. The US gained what would become parts or all of California, Arizona, Nevada, Utah, New Mexico, Wyoming, and Colorado. The Gadsden Purchase of 1853 added southern Arizona and New Mexico to the spoils of war.

In all, 55% of Mexico, over half of her sovereign territory, was taken from Mexico by the ever-expanding Colossus of the North. No wonder our Chicanx compatriots remind us “we did not cross the border, the border crossed us.”

Alta California

Gold had been discovered at Sutter’s Mill just a few days before the treaty was signed, which transferred Alta (upper) California from Mexico to the US. The discovery of gold was unknown to the signatories at the time.

Alta California was to become the Golden State. With a $2.7 trillion economy, the state now boasts the world’s fifth largest economy, larger than Mexico’s $2.4 trillion gross domestic product (GDP). Were Alta California to rejoin Mexico, the new union’s GDP would be surpassed only by the mega-economies of China, US, India, and Japan.

The constitution for Alta California was drafted in both Spanish and English. Despite having a bilingual constitution, the Alta California voters passed the English-only Proposition 227 in 1998. Then in 2016 the voters passed Proposition 57, which repealed the more egregious English-only provisions of the earlier proposition.

The repeal of the English-only proposition reflected an influx of non-English speakers into the state. Alta California is today a truly multi-ethnic state with 43% of its inhabitants speaking a language other than English at home. The largest ethnic group is again Hispanic-Latinx, comprising 39% of the population and outnumbering what the Census Bureau calls “white alone.”

The Mexican Revolution

The bully to the north became revolution-adverse after concluding its own revolution. When Haiti won its independence from France in 1804, the US joined Napoleon’s empire to force the fledgling Haitian nation to pay debilitating reparations for freeing itself from slavery.

Nevertheless, the Mexican Revolution of 1910-20 was able to slip by. In those days the US empire was not as capable at multitasking as it is now and was preoccupied by World War I.

The Mexican Revolution stands in the pantheon of great 20th century revolutions, pioneering the way for Russia (1917), China (1949), Vietnam (1975), and the many Third World liberation struggles of the last century.

As the first of the major 20th century revolutions, the Mexican Revolution guaranteed labor rights, nationalized subsoil rights, secularized the state and curbed the power of the Roman Catholic Church, and gave inalienable land rights to indigenous communities. Women’s rights were advanced, and women fought as soldiers and even commanders in General Emilio Zapata’s revolutionary army. Many of these gains have since been eroded.

The Revolution Institutionalized

After the tumultuous revolutionary period, politics in Mexico became consolidated under the PRI (Institutional Revolutionary Party). This single corporatist party brought together political factions representing the peasantry, labor, and urban professionals. As the revolutionary period receded, the PRI became politically centrist.

The one-party rule of the PRI was finally ended with the successful presidential election in 2000 of Coca Cola executive Vincente Fox of the PAN (National Action Party). The PAN won the subsequent presidential election as well. The PAN is a right-of-center Christian democratic party. It has strong backing among northern Mexican agri-business and international corporations and has a conservative social agenda.

The current Mexican president, Peña Nieto, is a member of the PRI. As the PRI moved to the right, more liberal forces within split in 1986 and formed the PRD (Party of the Democratic Revolution). The main stronghold of the PRD has been Mexico City and among organized labor.

Andrés Manuel López Obrador was the PRD standard bearer in the 2006 and 2012 presidential elections. His losses in both elections are widely believed to be due to fraud.

NAFTA – the Third Conquest of Mexico

The third conquest of Mexico by North American finance capital came in the form of the North American Free Trade Agreement (NAFTA) and similar neoliberal arrangements. Neither free nor restricted to trade (e.g., it includes military cooperation), this stealth conquest facilitated the repatriation of foreign investment profits and the further integration of Mexico into the US economy.

NAFTA was ratified in 1994 among Mexico, the US, and Canada. The agreement remains controversial in the constituent counties. The Zapatistas in southern Mexico specifically chose the initiation date of their on-going rebellion to coincide with the day NAFTA started, presciently predicting the deleterious effects NAFTA would have.

By 2014, as many as a million US workers had lost their jobs due to NAFTA, which also had the effect of depressing wages.

NAFTA ended many Mexican government supports for agriculture, while encouraging entry of US and Canadian agricultural products. Consequently, peasant and most family farm agriculture in Mexico are less economically viable. The result has been a massive internal migration from the countryside into Mexican cities and an external emigration of people forced off the land to the US.

Neoliberalism’s Winners and Losers

A decade or two before the imposition of NAFTA, Mexico had appeared poised to transform from a developing to a developed country. New oil reserves had been discovered and a boom seemed imminent. Then instead of continuing a development model, Mexico bowed to international financial pressure and switched to a neoliberal model of deregulation and privatization.

Rather than lifting Mexico’s economy through its deeper integration with the US economy, as NAFTA’s proponents promised, Mexico has fallen even further behind. After NAFTA and the neoliberal “reforms,” poverty went up in Mexico while per capita economic growth lagged compared to the rest of Latin America.

Instead of wages becoming like those in the US, working wages became competitive with Guatemala. Mexico took its place in the international market economy as an export platform for low-wage maquiladoras, factories owned by foreigners and exporting to a foreign market.

Despite great national wealth, 46% of Mexicans live below the poverty line. The per capita income of Mexico is a third of the US, making the shared border the most income-unequal border in the world.

Neoliberalism has also had its winners. The government telephone monopoly Telmex was privatized in 1990, bought up by Carlos Slim Helú who became the richest man not only in Mexico but in the entire world by 2010. His ranking has now slipped to seventh, though he is still the top tycoon in Mexico owning 40% of the listings on the Mexican stock exchange. His net worth is equivalent to 6% of Mexico’s GDP, which is greater than the entire GDP of neighboring Guatemala and four times that of Nicaragua.

With a new strata of billionaires and deepening poverty, both spawned by neoliberalism, Mexico is among the more income unequal nations, with a Gini Index of 48.2. Carlos Slim and eight other international fat cats now have more wealth than half the world’s population.

Contemporary Mexico

Yet today Mexico as a nation is rich in many ways.

In terms of biodiversity, Mexico is way under-recognized. Mexico ranks fourth or fifth in the world, scoring high for the number of reptiles, birds, mammals, and plants. The much more celebrated Costa Rica in comparison doesn’t make the top ten in any of these categories, although it has a far better public relations apparatus. Mexico encompasses vast rainforests, dry forests, mountains, deserts, and the second largest coral reef in the world.

In terms of conservation, Mexico has been a world leader in the protection of whales. Commercial whaling was banned in 1954. In contrast, the last US whaling station in the San Francisco Bay was closed in 1971, followed the next year by passage of the Mammal Protection Act. The world’s first whale refuge was established in 1972 by the Mexican government. In 2002, Mexico again exercised world leadership in designating all its territorial waters and Economic Exclusion Zones as whale refuges.

Culinarily, Mexico’s cocina is considered among the great cuisines of the world; a lot more than taco trucks and cheap burrito stands. Amongst Mexico’s contributions to the world’s larder are avocado, chocolate, guava, tomato, vanilla, many varieties of beans and chiles, and most notably corn, which is now the world’s most important staple food.

Mexico has the most UNESCO World Heritage Sites in the hemisphere. The three most influential modern muralists are the Mexicans Diego RiveraJosé Clemente Orozco, and David Siqueiros.

With 7.6 billion bbl of proven reserves, Mexico is a major crude oil producer. Ranking 12th in the world, it outproduces Nigeria, Qatar, and Libya.

Mexico’s economy ranks 11th in the world, placing it second in Latin America after Brazil. Mexico’s GDP is greater than that of Italy or Spain and just below France and the UK, making it one of the world’s economic powerhouses.

The 2018 Election

Left-of-center Andrés Manuel López Obrador ran for the Mexican presidency on July 1. Having broken from the PRD, this third run was the charm as he won decisively. Morena, his newly formed party, swept the national and state legislatures.

Mayor-elect of Mexico City, Claudia Sheinbaum Pardo, is also part of the winning coalition. She is the first woman and first Jew to be elected to the post. She is a scientist and was a joint winner of the 2007 Noble Peace Prize as a member of the Intergovernmental Panel on Climate Change.

After decades of right-wing governments in Mexico, López Obrador is being sworn in on December 1. The popular sectors in Mexico are expectant that corruption, inequality, and other long festering economic injustices will be addressed.

Baselines for Activism: Brecht’s Stance, the New Science, and Planting Seeds

I’ve often wondered about the limits of activist’s reach and the lack of coherent, organized progressive social movements in the US. Does it come down to the precarious nature of our jobs, the stress, strain, and exhaustion caused by the realization of being a paycheck away from penury? Or is it all the fault of our monopolistic media, with the puppet strings controlled by their advertisers, the corporate giants and multinationals? Is it geographic distance from Europe where socialism advanced far broader and deeper into society? Could it be the anti-communist Red Scare that dominated the binary and delusional cold war mindset? Was it the very real threat and use of violence via COINTELPRO, and overseas with Operations Gladio, Condor, etc? Is it deeper psychological issues stemming from the trauma of having to grow up in a cold capitalist world which leads to false consciousness?

It would seem to be a mixture of all of the above. Yet millions of citizens still are able to see through the mendacities inherent in our empire, in our collective cultural death-wish, and many millions more would be able to if provided the education, tools, and resources to see through the lies of our global system of capital.

Activists and educators must reconsider their approaches in light of the repeated failures of international progressive organizations. In short, part of the failure lies with the leadership of non-profits, NGOs, community leaders, and the type of worldview they adhere to. For one, unstable vertical hierarchies are reproduced, with not enough feedback from concerned citizens and community-based, small-scale pressure groups. Also, technocrats and lawyers are relied far too heavily upon to perform band-aid, stopgap procedures in the social and environmental justice fields. Endless petitions and protests are planned which do not lead to fundamental change.

Organization in the majority of so-called progressive movements mimics the neoliberal order. Pedestals and soapboxes are lined up for the official learned classes, who are offered cushy positions to run vote campaigns, to lobby (beg) a corrupt Congress or Parliament to do the right thing. This is turn creates a new split between the middle-class non-profit lawyers, campaigners, and managers; and the working class constituencies, which only fuels social division and alienation.

These maladies contribute to the false consciousness of the mostly liberal, white, middle-class, urbane, college-educated non-profit and social justice managerial class, as well as progressive activists. All of the racist, sexist, and classist baggage is carried alongside these organizations, as we can see so clearly in the faux “progressive” areas like Silicon Valley.

Let us take this line of thought further. I believe the lack of rigor and effectiveness also shows up with so-called radical activists and intellectuals who believe they are sincerely committed to revolution. It works in a few ways: radicals take on the feelings of others in unhealthy ways, bottling up anger and sadness that legitimately occurs and is expressed in subaltern groups. Another point involves the expectation of success, the attachment to pet projects and the personal rage that spills out when failure occurs.

US progressive and radicals are, for the most part, not versed in modern scientific advancements, ecology, or Eastern traditions. There is no tolerance for balance, paradox, and contradiction. Most are stuck on treadmills and attached to their egos and personas. Then there is the problem of speed: trying to catch up with every travesty the establishment and corporations impose on us (playing defense), as if one could bail out a sinking Titanic with a bucket. There is the notion of taking on social justice burdens as a very Christian-like type of “work”, instead of blending work and play into a post-modern, post-coercive labor environment that could put humankind on a type of threshold, a liminal state, towards a saner society of free association and mutual aid which could end much unnecessary suffering.

Running in Circles

There is most likely an inverse relationship between how seriously one takes oneself and one’s wisdom. The most serious among us are almost undoubtedly the least wise. The vast majority of the endless running around from protests or events or conferences or speaking engagements are just a series of distractions.

There are appropriate times for all those things, to be sure. Yet it must be noted that the predominant mode of liberals, leftists, and progressives is predicated on constantly reacting to and diagnosing mainstream culture, rather than arriving at any original prescriptions for changing society.

Many people in the US of all political persuasions are quite aware of the near terminal nature of politics: and many are looking for a model that works. The diagnosis has been made countless times. People are ready for an alternative to our broken system.  Obviously, with no capital this is nearly impossible for poor and marginalized communities.  An international network of direct action, worker co-ops, and communal agriculture must begin as soon as possible to fight neoliberal economics and the looming challenges of climate change.

Brecht’s Stance

A few years ago, I stumbled across Bertolt Brecht’s Stories of Mr. Keuner. The first passage is entitled “What’s wise about the wise man is his stance.” Here is the full passage:

A philosophy professor came to see Mr. K and told him about his wisdom. After a while Mr. K said to him: ‘You sit uncomfortably, you talk uncomfortably, you think uncomfortably.’ The philosophy professor became angry and said: ‘I didn’t want to hear anything about myself but about the substance of what I was talking about.’ ‘It has no substance,’ said Mr. K. ‘I see you walking clumsily and, as far as I can see, you’re not getting anywhere. You talk obscurely, and you create no light with your talking. Seeing your stance, I’m not interested in what you’re getting at.’

Now we’re getting somewhere! As Sean Carney explains in Brecht and Critical Theory: Dialectics and Contemporary Aesthetics:

The most important thing to draw from Brecht’s play, then, is the attitude it displays, which Brecht also calls a kind of wisdom that is performed or staged for us. It seems important here to distinguish between the form of wisdom, and the content of wisdom. Brecht, for his part, is concerned only with the former, the posture of wisdom, wisdom as an action. The form of this wisdom is dialectical and historical.

There is no space to flesh out all the implications here. A few thoughts will have to suffice.

When Western activists scream, “Rise up!” they should be reminded: “Sit down.” Always consider the antithesis. Slowing down, sitting: calling for nationwide wildcat general strikes would do much greater good than marching around with placards along predetermined protest routes.

When others shout “Speak out,” we can remind them: be silent (just imagine kids in school refusing to speak the pledge of allegiance or taking a knee in high school sports in solidarity with Kaepernick). When protestors implore: “Wake up,” they can also be chided and reminded: “Keep dreaming!” (of a genuine revolution, not stopping the imagination at some milquetoast progressive reforms led by the DSA or other pseudo-leftists, which, while helpful, do not go nearly far enough). I am not advocating not speaking truth to power here, or any escapism, only that in certain cases we should ignore the constant dramas and tragedies engendered by the corporate ruling-class and focus on building parallel structures and intentional communities to bust an escape hatch from global tyranny.

Non-striving

It should be recognized that many so-called “radicals” mimic the striving, combative, and authoritarian nature of the neoliberal order. Raised in an ultra-competitive society, some proponents of revolution refuse the inner work necessary while clinging to whatever social capital or insignificant platform one can muster up.

We live in a culture of constant striving, clinging, petty jealousness and egomaniacal childishness. It is no wonder that it shows up on many outlets of progressive outlets as well as on social media, and in activist circles.

Instead, we should begin the work of instilling a radical patience. Not because we have a lot to time left to act (we assuredly don’t), but because attaching oneself to unobtainable goals in the very short term only has the effect of tiring out and disillusioning many sincere people. Western activists could learn something by practicing non-attachment.

Only by giving up hope can we become present in the moment. This has continually been best expressed among Buddhists. As Pema Chodron writes:

As long as we’re addicted to hope, we feel that we can tone our experience down or liven it up or change it somehow, and we continue to suffer a lot. In a non-theistic state of mind, abandoning hope is an affirmation, the beginning of the beginning. You could even put ‘Abandon Hope’ on your refrigerator door instead of more conventional aspirations like ‘Everyday in everyway, I’m getting better and better.’ We hold onto hope and it robs us of the present moment. If hope and fear are two different sides of the same coin, so are hopelessness and confidence. If we’re willing to give up hope that insecurity and pain can be exterminated, then we can have the courage to relax with the groundlessness of our situation.

Thus, this brutally honest reflection (on our individual lives, but also on the fate of our civilization as we hurtle into the Anthropocene) leads to self-love, joy, and to vulnerability. This is a baseline for giving our collective culture what Rollo May called The Courage to Create. May contrasts happiness (in this sense a cessation of wants, a sense of security) with basic joy (quoted here):

Happiness is related to security, to being reassured, to doing things as one is used to and as our fathers did them. Joy is a revelation of what was unknown before. Happiness often ends up in a placidity on the edge of boredom. Happiness is success. But joy is stimulating, it is the discovery of new continents emerging within oneself…Happiness is the absence of discord; joy is the welcoming of discord as the basis of higher harmonies. Happiness is finding a system of rules which solves our problems; joy is taking the risk that is necessary to break new frontiers.

One cannot understand joy without noting the sense of timelessness: the past, present, and future all converging into the present moment. Athletes, artists, scientists, and others call this “flow” or “being in the zone.” Time moves more slowly, certainly everyone has experienced this phenomenon at one point or another. Relativity has proven that this is possible, as well as studies in consciousness, meditation, and psychedelics.

Is any of this useful as a guide towards activism today? I will leave it to you to decide. Is it possible to “create light” when you speak, or be in tune with “higher harmonies?”

Time

Regarding time, we can turn to Brecht’s friend, Walter Benjamin, and his notion of the Jetztzeit. In order to break free from “homogenous, empty time,” which, notably, Francis Fukuyama unintentionally expressed so well as the ever-looming backdrop to the neoliberal era in The End of History, Benjamin writes that society must struggle towards “the messianic zero-hour of events, or put differently, a revolutionary chance in the struggle for a suppressed past.”

That is to say, only by looking backwards in time can we assess the damages of the present age, even as the storm of progress pushes us further away from mending the wreckage, as Benjamin explains Klee’s Angelus Novus. Only in the zero-hour, the ever-present moment, can we blast open a historic event. This explains Benjamin’s concept of the monad, a “constellation overflowing with tensions.”

On the Horizon

Does any modern science conform to these ideas of reality as a constellation of energy and matter, something like Benjamin’s monad, influenced by Leibniz, overflowing with possibilities, tensions, and constant flux? Put another way, are there are empirical/scientific fields which show a healthy stance or posture of wisdom?

Here we turn to some of the modern science that corroborates what people like Benjamin, the German Idealists, process philosophy, Leibniz, and before him, Spinoza, Heraclitus, Lao Tzu, and various Eastern traditions have contributed to: a systems view of life and the universe that explains phenomena holistically. In a nurturing system such as this, cross-discipline studies would expand, converge, and enrich social life and ecosystem health.

In many ways, modern science shows a return to the old ways of knowing: concepts in relativity and quantum mechanics were foreseen millennia ago, such as in Buddhism’s principle of dependent co-arising, for example.

Chaos Theory

Some of the greatest 20th century scientists were: Einstein, Watson and Crick, Margulis and Lovelock. Yet the most influential of all may turn out to be the little known meteorologist, Edward Lorenz, pioneer of chaos theory, the butterfly effect, and the strange attractor.

For a thorough introduction, James Gleick’s Chaos is a great start. For those mathematically inclined, I recommend Manfred Schroeder’s Fractals, Chaos, Power Laws.

It is this system-view approach that can explain, even, the formation of life on this planet: self-organizing proto-nucleotides and amino acids along with fatty membranes and mitochondria/chloroplasts which gave rise to the first unicellular organisms. It is these non-linear dynamics which do, in fact, create higher harmonies- Poincare’s three body problem being the first modern example.

In non-linear systems based on power laws, when the variable in the function passes a certain limit (dependent upon the initial conditions), the function starts to behave chaotically. The next figure cannot be predicted from previous answers. Eventually, a bifurcation will occur: this simply means that further on in the progression, the function bounces back between two figures, back and forth. If the parameter is pushed higher, period-doubling occurs: this simply means that instead of bouncing between two numbers, the function doubles to bounce between four, then eight, 16, etc. This applies to many dynamic systems and can start with any integer, so depending upon the function, you could have period doubling of 3, 6, twelve; four, eight, 16, etc. Period halving is possible, too.

The scientist Robert May was the first to prove this in population biology, and many fields have found it a useful tool for studying dynamic systems since. The point I want to make clear is in regard to climate and weather: all climate scientists and meteorologists accept weather cannot be predicted after 3 weeks, weather is inherently chaotic, yet climate, for now, is stable.

Without significant changes, the positive feedback loops currently warming the planet will eventually push the relatively stable, homeostatic climate model into the “Hot house Earth” model. Wild changes in weather are more likely to occur. Not only that, but much higher-level droughts and flooding will occur more frequently; i.e., climatic normality may switch into an non-linear, chaotic state.

In the US, the Southwest in particular will be hit hard. Consider central Arizona, where the ancient Hokoham population could have reached 80,000 around 1300 CE. The area around Phoenix could have provided for 10,000 people. You make think, well, that was before modern irrigation and food transportation. You would be wrong. The Hokoham were masterful farmers with over 500 miles of canals and estimates of over 100,000 acres of cultivated, irrigated land. Today, metro Phoenix has approximately 4.7 million people. This won’t end well. By 2050, much of Arizona and the wider region could be ghost towns.

The second point: self-similarity is inherent in nature at many scales, as observed in fractals. How does this apply to culture? Direct democracy can be implemented at all scales (local, from worker councils to communal town meetings; to international, with a trans-national body such as a re-imagined UN.)

Chaos theory applies to the brain as well: there is evidence that psychedelics reform and rearrange new connections of neurons, changing the “criticality” of its structural firings. This is what is able to cure patients of depression, anxiety, PTSD, etc., by changing the flow of thoughts and giving a wider expression, to get your mind out of a rut or a bad habit of harmful/fearful thinking.

There is plenty of sociological and anthropological evidence that mimetic theory (pioneered by Rene Girard) has some merit. Mostly, this is studied cross-culturally (horizontally), but we should consider the vertical dimension of hierarchies: at levels of coercion and exploitation are imitated at all scales of the socio-economic pyramid. The ruthless hierarchy was not that different between the mind-numbing conformity and bureaucratic chicanery of state-capitalist countries, contrasted with the crushing alienation and faux-competitive crony capitalism of neoliberal nations. If the structure is rotten at the top, most state and local governments mimic and take their cue from the power relations above them.

This played out very clearly on the international level after 9/11 and the US invasion of Iraq in 2003. Once the Patriot Act, NDAA, and AUMF were passed, once NATO and ISAF forces invaded Afghanistan, with troops and spooks using “rendition”, “enhanced interrogation techniques”, with nighttime raids on civilians, and outright drone murder was rolled out by the US, other nations followed suit, with a rash of authoritarian copycat legislation, as well as police and military brutality playing out around the globe. For instance, the uptick in violence by Israel in 2002-2003 during the second Intifada is telling. Without the September 11 attacks and the relentless anti-Muslim propaganda coming from the US, there is little doubt that the IDF would have been so emboldened.

On a positive note, it’s quite telling, and appropriate, that the self-similar snail shell (caracol) became the emblem of the Zapatistas, and the model for their communities. Rebecca Solnit explains this well, and quotes a wonderful passage from Marcos, who draws from his folk hero, “Old Antonio”:

The wise ones of olden times say that the hearts of men and women are in the shape of a caracol, and that those who have good in their hearts and thoughts walk from one place to the other, awakening gods and men for them to check that the world remains right. They say that they say that they said that the caracol represents entering into the heart, that this is what the very first ones called knowledge. They say that they say that they said that the caracol also represents exiting from the heart to walk the world…. The caracoles will be like doors to enter into the communities and for the communities to come out; like windows to see us inside and also for us to see outside; like loudspeakers in order to send far and wide our word and also to hear the words from the one who is far away.

Contradiction, Paradox, Nuance

There is a great passage in an old Marcos communiqué, “The retreat is making us almost scratch at the sky.” As the echo chambers, petty infighting, and silos build up on the Left, I thought it’d be appropriate to share his thoughts on how to respond to those fearful of heterodox-postmodern-non-ideological-anarchic stances:

After these confessions, he of the voice was exhorted to spontaneously declare himself innocent or guilty of the following series of accusations. To each accusation, he of the voice responded:

The whites accuse him of being dark. Guilty

The dark ones accuse him of being white. Guilty

The authentics accuse him of being indigenous. Guilty

The treasonous indigenous accuse him of being mestizo. Guilty

The machos accuse him of being feminine. Guilty

The feminists accuse him of being macho. Guilty

The communists accuse him of being anarchist. Guilty

The anarchists accuse him of being orthodox. Guilty

The Anglos accuse him of being Chicano. Guilty

The antisemitics accuse him of being in favor of the Jews. Guilty

The Jews accuse him of being pro-Arab. Guilty

The Europeans accuse him of being Asiatic. Guilty

The government officials accuse him of being oppositionist. Guilty

The reformists accuse him of being ultra. Guilty

The ultras accuse him of being reformist. Guilty

The “historical vanguard” accuses him of calling to the civic society and not to the proletariat. Guilty

The civic society accuses him of disturbing their tranquility. Guilty

The Stock Exchange accuses him of ruining their breakfast. Guilty

The government accuses him of increasing the consumption of antiacids in the government’s Departments. Guilty

The serious ones accuse of being a jokester. Guilty

The adults accuse him of being a child. Guilty

The children accuse him of being an adult. Guilty

The orthodox leftists accuse him of not condemning the homosexuals and lesbians. Guilty

The theoreticians accuse of being a practitioner. Guilty

The practicioners accuse of being a theorist. Guilty

Everyone accuses him of everything bad that has happened. Guilty”

I take inspiration from this; I see a sort of playfulness, a glimpse of his “inner child”. Today, we could also say: to those who, without nuance, accuse others of being heretics or dogmatic; to those who would accuse us of rather having a messy, non-violent, and imperfect revolution on the streets rather than continue to perpetuate a self-congratulatory, alienating, bloviating, insular, suffocating, and self-defeating movement in substance and style, we must reply: we are Guilty.

Quantum Theory

Our understanding of reality and consciousness has grown by leaps and bounds with advances in quantum physics. The parallels between Eastern thought and quantum mechanics are uncanny, and no one has explained this better than Fritjof Capra in his bestseller The Tao of Physics. Exploring connections between the sub-atomic world and Hindu, Buddhist, and Taoist philosophy, Capra takes the reader on a tour-de-force. Of course, it was the early physicists who worked on the uncertainty principle, double-slit experiment (wave-particle duality), complementarity, and quantum superpositioning who originally noted the connections between Eastern philosophies. Thus, consciousness and the observer effect somehow influences these experimental designs in ways science currently has no answer for.

Capra synthesizes this and builds upon these models: he insists on the interrelationship operating at certain scales of reality, and calls it a holistic/ecological worldview in his afterword to the 3rd edition.

There has been lots of push-back from other physicists since 1975 when the first edition appeared. The science is not in debate at the sub-atomic scale, rather, how it applies to the macroscopic world is what is at stake. There are plenty of scientists that dismiss Capra completely without acknowledging the very qualified, modest theory he put forward.

The new revelations about quantum entanglement push this line of thought further. The basic idea is: two electrons become “entangled” where the spin of one is connected with the other regardless of distance. When one electron’s spin is measured, the second spin correlates instantaneously, faster than the speed of light. This is what Einstein called “spooky action at a distance.” Non-locality is another name. This flies in the face of the fundamentals laws of physics.

So what does this mean? The best analogy I can come up with (paraphrasing from someone, somewhere) is that when measuring (observing) the first particle, you are pushing through the fabric of space-time with your finger to “touch” the second particle at the same time, bypassing the physical distance between the two.

What are the implications here? Physicists insist this phenomenon doesn’t “scale up” to the macroscopic level. If we look at today’s level of scientific knowledge in physics, they’re right. There is little evidence to suggest this.

Yet, the simple fact that this can occur on sub-atomic levels is staggering. No one knows where these new teachings will take us.  Certainly, though, there are parallels with shamanic/animistic ways of thinking, or, to put it in the words of Stephen Hawking: “every particle and every force in the universe contains information, an implicit answer to a yes-no question.”

However, this interpenetration of levels/worlds in the social and mental realms, is quite pronounced, say, in medical facts. The higher rates of diabetes, heart disease, cancer, in poor and working class communities as well as for minorities is tied to the mental strain and stress of living in substandard housing without proper nutrition, lack of access to education, etc. African American women are 3-4 times more likely to lose children in childbirth compared to white women, due to lack of pre-natal care, and sometimes because their doctors won’t listen to them. Women who’ve suffered a heart attack are more likely to survive if their doctor is a woman, rather than a man. Again, because women doctors are generally: more competent, listen to patients’ symptoms better, and show higher emotional intelligence and compassion.

Gaia Theory

Turning to Earth systems, it was the pioneering work of Lynn Margulis and James Lovelock who together formulated Gaia theory. Thinking of the Earth as a self-regulating super-organism is helpful in many fields, from geology to climate science to evolutionary biology. From the simple-programming of Lovelock’s Daisyworld, today we can model ecosystem resiliency, albedo effects in the Arctic Sea, and deforestation in tropical rain forests, the lungs of the Earth, all in terms of feedback loops which can tie into trends such as global warming, species extinction, desertification, and declining biodiversity.

Scientists are now willing to combine the shocking implications of chaos theory within Gaia: in the journal Nature Barnosky et al. write of “Approaching a state shift in Earth’s biosphere.” The authors write that “the plausibility of a future planetary state shift seems high” and they acknowledge the uncertainty about when it may happen. They also point out: “it is extremely unlikely or impossible for the system to return to its previous state.” Thus, if a hothouse Earth scenario becomes a reality, there will be no going back. Real estate speculation on Antarctica could be a thing in 100 years.

There are reasons to be hopeful. One line of thought was taken up recently by Bruno Latour, who along with a co-author, postulate what they call Gaia 2.0. Simply put, they are referring to a global system where:

…deliberate self-regulation—from personal action to global geoengineering schemes—is either happening or imminently possible. Making such conscious choices to operate within Gaia constitutes a fundamental new state of Gaia, which we call Gaia 2.0. By emphasizing the agency of life-forms and their ability to set goals, Gaia 2.0 may be an effective framework for fostering global sustainability.

While they posit this self-conscious biomimetic planning of bioregions as new, because they see it as the first chance to endeavor to perform this on a global scale, the novelty only really applies to a certain brand of Eurocentric/anthropocentric materialists, anti-intellectual monotheists, and other deniers of common sense and basic ecology. Indigenous groups have used bioregional eco-friendly practices for millennia, with First Nations sustainably caretaking land from Tierra del Fuego to the Arctic Circle.

Consider terra preta in Amazonia, the miraculous change from teosinte to maize which many estimate domestication circa 9000 years ago, mountain terracing in the Andes, super-high productivity with Central American milpas, multiyear field rotation for fallow lands to rejuvenate nutrients, seasonal burns throughout North America which increased deer and upland game bird populations, with agroforestry “forest farming” of chestnut (Chestnut Trees could produce over a ton per acre in vast portions of America before the die-off occurred), hickory, butternut, oak (acorns are used as a food source removing tannins with water) and more. Not to mention the thousands of uses of native plants and fungi for herbal/traditional medicine, preventive/holistic care, and shamanic/spiritual uses.

I would say one of the most interesting debates about what Gaia 2.0 could look like is mostly ignored, because it is occurring on the far side of the globe: Aotearoa, aka New Zealand. Their government has already launched a “Predator Free” program for 2050, where all mammalian predators are hoping to be eliminated with a variety of programs forming in the near future. Intense debate surrounds the gene drive approach, some techniques using CRISPR and some using other gene editing technology, to in effect, using genetic manipulation, create all male future generations of predators and thus, lead to localized extinction of these mammals in Aotearoa and its small outlying islands.

The bioethics are being debated by UN and national groups and many conservation groups are totally against the idea. Some Maori are open to the possibilities of gene-drive technology, yet they understandably critique the bad faith of the scientists involved, citing:

[An] increasing lack of cultural accountability in academic journals who seem happy to publish anything without thought, consideration, or commentary from the communities those papers have extracted from, taken swipe at, or made promises to… The second issue is what I deem bad research-dating behaviour, or rather how to build respectful relationships with indigenous peoples/communities… Relatively few, however, are actually committed to investing their time into building long-term relationships, despite being continually told that that is what is required… However, some researchers by-and-large continue to push an extractive model whereby they attempt to take intellectual property from communities in return for ‘the greater research good’. This model is naïve to the political situations that indigenous communities are operating in, and often places those communities in culturally unsafe positions.

Fritjof Capra notably calls the first step in transitioning to such a state of ecological awareness and cultural sensitivity “eco-literacy” and the next step eco-design. He’s on point. The funny, sad, and tragic thing (to me at least) is that exposes the orthodox technophile Western Left (seemingly the majority) as supporters of what many like to call Industrialism, the over-arching system, including capitalism and state socialism, of fossil fuel exploitation which is killing the planet.

According to the technophile proponents of unrestrained instrumental reason, many of us, well, sane and sensible people, who, in advocating for appropriate-scale technology, have the basic common sense to understand that Small is Beautiful, are a bunch of Luddites, crazy hippies, anti-civ, lifestylists, primitivists, nihilists, and/or misanthropes.

This type of thinking exposes the narrowness and superficiality of many “Leftists” who espouse all the right mantras, yet never bothered to take Marx’s example and actually study and stay abreast with key scientific and ecological advances.

I try my best to remain calm, patient, and equanimous, yet it is difficult with unabashed technophiles- again, possibly the majority of what qualifies as what’s left of the Left. There is a discomfort from listening to the droning on of progressives, and also many banal Leftist economists and historians who pay lip service to sustainability, while not even giving token acknowledgment of the nature of spiritual transformation required.

Many of these people, even on “progressive” alternative media, are unaware of their own immiseration via lack of engagement with the natural world, which I take no pleasure in pointing out, so my queasiness doesn’t qualify as schadenfraude, but apparently, there is another German word for what I’ve been feeling: Fremdschämen: “‘exterior shame’, for those of you who cringe in phantom pain when others make a fool of themselves, this is your word. It describes the feeling of shame when seeing someone else in an uncomfortable or embarrassing situation.” Perhaps Mr. Keuner was feeling this, as well.

Planting Seeds

Well, there is no high note to end this on. Most of activism goes towards wasting time attempting to change the minds of adults whose conditioning and social infantilization have already reached epic proportions. There is no systemic, global plan for engaging the youth in ecological-cultural restorative practices. This is absolutely ridiculous and a severe oversight of academia, including lackadaisical teachers and administrators, as well as conservatives and liberal-progressives who insist on vote-campaigns and the wonders of traditional higher education which indoctrinates and obfuscates class issues: yet the idea of revolutionizing public education never crosses their minds.

Revolutionary artists have always understood this, as well as indigenous tribal societies and many poor and working class communities. Yet today, the hungry ghosts of global capitalism are here to consume the sustenance and life force of future generations in an era where information is at our fingertips as never before.

The current education model effectively imprisons children in unsafe and unhealthy schools, with psychotropic drugs, authoritarian teachers, mind-numbing boredom and ennui functioning as social conditioning for a future hellscape with billions in poverty worldwide, no decent jobs, benefits, or forms of belonging; alongside a crushing tyranny of corporate rule, oligarchy, global war, climate chaos, and a culture ruled by a principle of “repressive tolerance.”

Thus, it is inevitable that the most important thing to do is raise our children in a healthy way. This will require social engagement on a spiritual, intellectual, communal, emotional and material basis (i.e., sharing extra housing for homeless and low-income families, paying child-rearing adults a living wage for their time and labor, equal pay for women, ending oppression against the LGBTQ community, serious environmental education, etc.). Patriarchy and racism will not be solved, until youth are gifted the freedom and opportunity to pursue their passions unencumbered by structurally racist and sexist policies which enforce hierarchy, capitalism, and war, until pathetic guidelines advocating rote memorization in school are abandoned, and crippling conformity fueled by vapid pop culture and the psychically numbing effect of social media is no longer glorified. Poverty, war, and disease cannot be significantly lowered or eliminated without a fundamentally redistributive model.

Furthermore, some sort of restorative healing measures, including some sort of reparations for minorities, including but not limited to redistributing money, property, land, and the means of production, via a process truth and reconciliation in the public sphere, is absolutely crucial. This would necessarily coincide with the dissolving of corporate and state power.

Public and private land must be given back to citizens: we are only free when given the ability to use the means of production to transform corporate agriculture into communal, appropriately-scaled endeavors where communities can directly and deliberatively interact, and transform as need be, to the world-historical changes (climatically, ecologically, and socially) on the immediate horizon.

This would seem to entail relaxing the grip of the Apollonian style of “emotionless” pure logic (techne/episteme), and instrumental reason; and coming to terms with the obverse: the Dionysian, where the shamanic/animistic, nomadic, and anarchic ways of being are accepted. This shift, with the science to back it up, is seen in a many counter-culture belief systems: the push for radical intersubjectivity, expanding studies of the realms of consciousness, a hylozoic belief system, and formulating a new model of recognition (see Taylor, Fraser, Honneth, Butler, among others) which does not re-invigorate the power of capital.

There is no hope of this happening in today’s 24/7 mainstream media, driven by fear and sensationalism. Only a world-historical process, a paradigm shift, can overturn this momentum, which would require inner work to be done on a mass scale in the Western world alongside collective general strikes, debt jubilees, a bit of carnivalesque (Bakhtin)/festival/regional cultural appreciation/in the spirit of a Communitas, and a counter-cultural force which does not overly privilege the economic at the expense of other social struggles.

This critical way of teaching is a sort of “stance”: a tendency towards what Aristotle called eudaimonia, “the good life,” informed by virtue, areté. Another way of phrasing it would be “human flourishing,” and here this referred to a moral sensibility, but also an aesthetic, a form of posture or “stance” if you will, an art of living, a way of (Hölderlin-esque) dwelling poetically upon the Earth.

From another angle, we could consider this a search for The Ethics of Authenticity. As Charles Taylor describes, what is structurally called for is:

…a many leveled struggle, intellectual, spiritual, and political, in which the debates in the public arena interlink with those in a host of institutional settings, like hospitals and schools, where the issues of enframing technology are being lived through in concrete form; and where these disputes in turn both feed and are fed by the various attempts to define in theoretical terms the place of technology and the demands of authenticity, and beyond that, the shape of human life and its relation to the cosmos.

Yet, again, this type of work should get started by educating children, because under the current conditions of liberal democracy, there is no acknowledgment of “interlinking”. There is only the autonomous individual: at least understood by most adults, whose notion of civic duty is voting, or volunteer work, or donating to charity. Rather, youth could be asked to inquire, as Rudy Rucker wondered:

One might also ask whether a person is best thought of as a distinct individual or as a nexus in the web of social interaction. No person exists wholly distinct from human society, so it might seem best to say that the space of society is fundamental. On the other hand, each person can feel like an isolated individual, so maybe the number-like individuals are fundamental. Complementarity says that a person is both individual and social component, and that there is no need to try to separate the two. Reality is one, and language introduces impossible distinctions that need not be made.

We can imagine a single cell in our body asking itself the same question: am I an individual or just part of a wider integrated whole? We can shift the scale but the self-similarity always follows: it’s turtles all the way down. This famous saying, of course, echoes what we know about fractals, and the possibility that we’re in a multiverse. There are also the First Nation stories about Spider Woman, or Grandmother Spider, who created the world. Again, we find the notion of the web- the basis of our bio/psycho/social being, and also a connection to string theory: spider-woman’s creation song; i.e. vibrations held by interconnected threads.

My preferred analogy to the individual/social false binary is mycological (or rhizomatic, though I’ll save D+G for another day): our conception of ourselves (ego) is the mushroom, the fruiting body which rises above the soil, while the unconscious mycelium sustains us below the surface. Although we stand above the detritus (wreckage, as Benjamin says) we are deeply enmeshed in it, history “is not even past” and it feeds, and thus can warp, our consciousness and sensibilities.

Thus we must tend to the soil, nurture the sprouts and green shoots of this new culture. The meager results of our efforts can be depressing (April really can be the cruelest month) yet we must move on, without clinging to hope.

As for the problem of language which Rucker mentioned, it’s worth reminding our sisters and brothers that propaganda is all around us today. As Malcolm X said: “If you’re not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who are doing the oppressing.” Now is the time for the “revaluation of all values.” The struggle continues.

Canadian Legal System’s Complicity in Genocide

[T]he US government no less than the government of Canada is required to obtain the consent of the Indian nations’ before assuming jurisdiction to invade, occupy and govern the yet unceded Indian national territories.

– Bruce Clark, Ongoing Genocide caused by Judicial Suppression of the “Existing” Aboriginal Rights (2018), p 25-26

I have only been physically inside a courtroom once, and that was to support a falsely accused colleague. It struck me that a typical western courtroom is set up not to exude justice but to intimidate, not just the accused but all people present, with the power of the State. The judge is invariably seated centrally on a dais, able to observe all that transpires below in the courtroom. When the judge enters, all present are required to stand, and none may be seated until permission is granted by his “honor.” When the proceedings are displeasing to her honor, she may strike a gavel on the dais to summon order in the courtroom.

Witness the power of the State: the power to mete out punishment for persons found guilty of something the State has determined to be illegal. It is a power that may be, and has been, wielded in what would be construed to be a thoroughly criminal manner in a moral universe. After all, gift giving and dancing were once deemed illegal by the Canadian State, and thus the tradition of First Nation Potlatches were banned until a sense of sanity and seeming propriety prevailed.

Such legal chicanery is not surprising to those who subscribe to Emery Dahlberg’s admonition that power corrupts.1 When law is unjust or when the punishment for wrongdoing is unjust, then the State has abused its power. The State’s power to prescribe justice can, moreover, be argued to represent State violence – in that the threat of punishment is used by the State to coerce behavioral compliance with the societal norms as dictated by the State.

To any informed person, Canada is undeniably a nation state erected on pre-existing nation states. The founding of Canada was unquestionably rooted in the genocide of the Original Peoples of the territory.2 Genocide is a heinous act often rooted in racism and supremacism. One group of humans considers itself privileged and accords itself rights, god-given or not, to the land and resources regardless of whichever people inhabit such territory or how long the territory has been the domain of its inhabitants.

That the law is not a moral construct is adduced by the fact that it has served as a vehicle for carrying out great crimes. The so-called New World was gifted by the Papal Bull Inter Caetera (1493) for division among the Spanish and Portuguese. Non-Christian savages had no rights according to the papacy. Albeit this was later superseded by the Papal Bull Sublimis Deus (1537). Nonetheless, the entirety of the western hemisphere remains controlled by elitist European settler-colonialists.3 Hence, Original Peoples find themselves stripped of sovereignty, ethnically cleansed from gargantuan swaths of unceded territory (reality check: who knowingly agrees to ceding a people’s territory anyway?), marginalized from decision-making regarding their lands, with many people having been forcibly assimilated into the dominating culture.

How to achieve actual justice for the dispossessed?

Bruce Clark is a man who made his living in the courtroom as a lawyer. He is an expert in law as applied to Indigenous peoples, having achieved a doctorate in comparative jurisprudence. Clark believes in the notion of applying law to achieve justice. Justice is a concept that is higher than the self, thus Clark took on the establishment to seek justice for his Indigenous clients. In the end he was punished for his zeal for justice.

I first became aware of Bruce Clark when he was providing counsel to the Sundancers at Ts’Peten (Gustafsen Lake). To protect the claimed rights of an American rancher to property on unceded Secwepemc territory, the provincial government resorted to para-military measures to evict the Sundancers; it was astoundingly reprehensible to me. Natural law was stood on its head by the provincial authorities. It is a matter that all “British Columbians” and “Canadians” should make themselves deeply informed about and act thereupon according to their consciences.

Bruce Clark is speaking and writing words extremely discomfiting to many non-Indigenous people. He is the author of Justice in Paradise and Native Liberty, Crown Sovereignty: The Existing Aboriginal Right of Self-Government in Canada. Just published is a collection of Clark’s subsequent writings, Ongoing Genocide caused by Judicial Suppression of the “Existing” Aboriginal Rights. In Ongoing Genocide Clark presents the legal case for Indigenous sovereignty such that the layperson can readily grasp the arguments.

Clark examines the constitutional law, international law, and case studies based on the law of the invaders. When interpreted without bias, the compelling arguments of Clark strongly refute any credence to the newcomers’ doctrine of discovery, especially over lands previously inhabited for millennia. That invader courts should have any authority in the territory invaded is, on its face, risible.

While constitutional and international law should be preeminent, in Canada writes Clark, “The modus operandi of the legal establishment and its collaborating Indian accomplices is the suppression of the constitutional and international law that the establishment intentionally is breaking.” (p 15)

The corruption in the system is political, economic, and legal. Clark finds that the legal profession and the judiciary are complicit in misprision of treason, fraud, and genocide. (p 31) The legal system has politicized law through artifices such as “the rule of judicial discretion” substituted for “the rule of law.” (p 40) Clark criticizes, “The lie, recently invented by the Supreme Court of Canada in willful blindness, is that the aboriginal right is no more than ‘the right to be consulted’…” (p 142)

The legal system has shielded itself from scrutiny in its complicity with crimes committed. Writes Clark,

Immunity anywhere signifies the non-existence of the rule of law everywhere. But again that will not happen, because like Canada the legal establishment of the United States practices the same willful blindness to the unconstitutional genocide at the historical heart of its legal system. (p 50)

A number of court decisions are mistakes, per incuriam, and are not a binding precedent, writes Clark.

Clark cites legal documents and precedents, in particular, the Royal Proclamation of 1763 which sets aside the Hunting Grounds to Indian nations in which the Indians are to be unmolested.

Clark has tried to challenge the constitutionality of Canada’s usurpation of Indigenous territory. A Catch 22 has been designed to block this. Clark relates how the Supreme Court demands a lower court ruling on the matter while the lower courts insist it is a Supreme Court matter. (p 127) It is clear to Clark that an independent, third party adjudication is required, this having already been established in the 1703 case of the Mohegan Indians v. Connecticut for Indian land claims throughout British North America.

Pressing to have his legal arguments heard and a decision rendered in court ultimately cost Clark his career as a lawyer. But this was not the end of Clark or the quest for justice.

Clark remains dangerous to the system that upholds the dispossession. A Vancouver Sun diatribe against Clark revealed this. Clark is described as “too radical for B.C. courtrooms, and too rambunctious for the Ontario bar,” and “a colourful but fatally misguided militant zealot.” Yet the critic acknowledges, “… Clark’s well-articulated ideas are definitely threatening to the status quo.”

Clark touches upon many topics in Ongoing Genocide among them the effects of Indian Residential Schools, the Indian Act, the Truth and Reconciliation Commission (“… an expensive fraud upon the public but a cruel imposition upon the victims, who are encouraged to air their innermost suffering in the mistaken belief that it will lead to closure.” [p 20]), the so-called 60’s scoop of Indigenous children, and more.

The book concludes by pointing out an error in the Supreme Court Case Tsilhqot’in v. British Columbia, 2014 that is at odds with precedents such as the Royal Proclamation of 1763 and section 109 of the Constitution Act, 1867. In recent years the BC provincial government and federal government have apologized for the wrongful hanging of six Tsilhqot’in chiefs.4 Despite this, the BC government and Taseko Mines have continued to undermine Indigenous sovereignty, with repeated attempts to set up and operate a platinum mine in the Tsilhqot’in nation.

Ongoing Genocide caused by Judicial Suppression of the “Existing” Aboriginal Rights puts forward the case over which Canadian law courts dare not deliberate. That should not preclude people of conscience becoming informed. Is Canada a just society? Read the book and judge for yourself. Then do something about it. Humanity requires many more brave warriors like Bruce Clark.

  1. I hold that Dahlberg’s aphorism should not be considered too simplistically – that it has many layers. E,g, there is probably something already present in the nature of many humans that leads them to covet power.
  2. See Tom Swanky, The Great Darkening: The True Story of Canada’s “War” of Extermination on the Pacific plus The Tsilhqot’in and other First Nations Resistance (Burnaby, BC: Dragon Heart Enterprises, 2012). Read review.
  3. A noteworthy exception is Warisata (Bolivia) which has been governed by an Indigenous president, Evo Morales, since 2006.
  4. Emilee Gilpin, “Minister Carolyn Bennett says exoneration of Tsilhqot’in chiefs opens door to reconciliation,” National Observer, 27 March 2018; Tom Swanky, “Exoneration of the Chilcotin Chiefs,” 10 September 2015.