By Kevin D. Williamson
Wednesday, February 16, 2022
Justin Trudeau may be the best thing to happen to
crypto since Satoshi Nakamoto.
With a considerable share of U.S.–Canada trade on pause
and much of daily life disrupted across Canada’s cities, Prime Minister Trudeau has
invoked, for the first time in his country’s history, Emergency Measures Act
powers to shut down a domestic political protest, the so-called Freedom Convoy
movement that began with complaints about the imposition of vaccine mandates on
Canadian truckers reentering Canadian territory from the United States, and
that has since become associated with, as these things now do, a long litany of
complaints concerning everything from ordinary political business to QAnon
nonsense and other exotic imports from south of the border.
In this so-called emergency, Trudeau is not sending in
the troops. He is cutting off the money.
Trudeau, sounding a little like the old southern
segregationists who complained about “outside agitators,” insists that the
protests have been driven by “social media and illicit funding” rather than by
genuine disapproval of his government’s policies. And so he is using the
Emergency Measures Act to invest himself with the unilateral power to freeze
bank accounts and cancel insurance policies, without so much as a court order
and with essentially no recourse for those he targets. Canadian banks and
financial-services companies will be ordered to disable clients suspected of
being involved in the protests.
Trudeau says the protests are illegal. That is not quite
right. The protests are not illegal per se, though some of the
protesters certainly are breaking the law, for instance by blocking public
roads and the like. The obvious parallel is the 2020 Black Lives Matter
protests in Canada, which also included some law-breaking. Trudeau did not
invoke Emergency Measures Act powers to suppress those protests, even though
they brought together large crowds during a particularly dangerous phase of the
Covid-19 epidemic contrary to the advice of Trudeau’s government — and the
advice out of his own mouth, for that matter. Far from shutting down those
protests, Trudeau actually participated in them, making a pious spectacle out
of himself.
In leaning on the sensitive pressure point of financial
services, Trudeau is following the example of Democrats in the United States,
who have used strategies ranging from securities investigations to insurance
regulation to punish political enemies ranging from the National Rifle
Association to oil companies. Using financial regulation to crush freedom of
speech isn’t financial regulation — it is crushing freedom of speech by abusing
the powers of a government office.
This kind of thing is not exactly new — in 1933, Franklin
Roosevelt used emergency powers to seize all gold in private hands in the
United States in order to fortify the Federal Reserve — but technological
changes have made such schemes more insidious. Paper money can be stuffed into
mattresses, and coins can be buried in coffee cans. But when money is
electronic and the information architecture enabling most financial
transactions is heavily regulated and easily subjected to invasive
surveillance, then financial regulators enjoy powers that no FDR — or Napoleon,
or Lenin — ever dreamt of possessing. The opportunities for mischief are
serious and worrisome — and so are the opportunities for tyranny.
Activists who have tried to use politicized financial
regulation to undermine the Second Amendment, to take one example, never seem
to think about how the same tactics could be used against the First Amendment:
The New York Times may enjoy the protection of the Bill of
Rights, but without access to banking and commerce, that constitutional right
cannot be effectively acted upon, and, hence, may as well not exist as a
practical matter. Try running a newspaper or a political party with no bank
account.
I myself do not particularly sympathize with the aims or
the tactics of the protesters in Canada. I don’t care much for unruly mobs of
any persuasion. But even so, it is impossible not to see the plain fact that
these protesters are being targeted not for their practical effect or their
tactics but for their beliefs and for the sort of people they are, that an
obvious double standard is at play, and that this is deeply illiberal. A
politically neutral police effort to open the roads and protect the rights of
property and travel would be one thing, but this is the opposite: far from
politically neutral, and intended to narrow social life and political discourse
rather than to keep them open. When the laws are enforced exclusively (or with
extra vigor) against political enemies, that is not law enforcement — that is
political repression.
And it is political repression even in instances in which
the content of the law itself is unobjectionable — for example, there is a
difference between reviewing the paperwork of tax-exempt groups and reviewing
the paperwork of tax-exempt groups that you consider political enemies and hope
to harm. Permitting protests you endorse and shutting down those that are
critical of your government — and that is precisely what Trudeau is trying to
do — is illegitimate.
In our time, we don’t burn forbidden books — Amazon just
makes politically nonconformist works disappear. We don’t lock
people up for having the wrong political beliefs — but we do make sure they
cannot earn a living, go to school, or raise their children in peace. And we
don’t have to send men with jackboots and billy clubs to break up protests — we
have very polite Canadian bankers to do that for us.
It can be no surprise, then, that people are looking for
digital platforms that protect their anonymity and keep their communications
slightly beyond the reach of the long arm of the state. People who do not expect
to be treated fairly and who have no confidence that their rights (or even
their interests) will be taken into consideration are forced to improvise. And
it’s even less surprising that cryptocurrencies and other escape routes from
the banking system increasingly appeal to people who are neither cartel bosses
nor international men of mystery. In a world in which unpopular political views
can cut an individual or an organization off from the financial main stream,
such innovations are necessities.
When people cannot trust their governments to protect
their liberties, they will seek protection elsewhere. That imposes real costs
on a society. Canadians should think twice about whether they wish to pay those
costs for the sake of Mr. Trudeau’s prejudice and ease.
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