Posts Tagged 'christy clark'

Nation-to-nation.

Okay, it’s time to accept that this essay I left untouched for two months – a characteristically logorrheic three-parter that was going to touch on everything from E.O. Wilson’s Half-Earth Project to leaky sewer pipes in Granville Lake, Manitoba – is not getting finished. The issues that animated it – particularly the anti-pipeline protests that were all over the Canadian news back in February – no longer seem terribly pertinent.

Update, May 19 2020: It turned out that all I needed to do to get past my writer’s block was carve out the bloated middle section – which became the present essay. The remainder became “The Saskatchewan Evacuation Party belatedly endorses Andrew Scheer”.

Nearly every day I pass by the provincial courthouse in New Westminster. It’s an unlovely 1980s judicial fortress looming over a courtyard called Begbie Square, until recently presided over by the effigy of its namesake, the first Chief Justice of the Colony (and subsequently of the Province) of British Columbia, Matthew Begbie.

It’s a pretty elegant statue, by Canadian standards, created by the Hungarian refugee Elek Imredy. I persist in using the present tense because I presume it still exists, crated up in a warehouse somewhere. Here’s Begbie Square after its cleansing:

begbie statue removal new westminster record september 12 2019

Let us all gather before our new idol. Image source: New Westminster Record.

Begbie’s crime, to modern minds, is to have tried and sentenced to death five members of the Chilcotin tribe (now more usually called, with varying degrees of diacritic fealty, the Tŝilhqot’in First Nation) found guilty for the murder, over the course of a few months in 1864, of about twenty whites – roadbuilders, settlers, and prospectors – who had penetrated their territory. This spasmodic series of butcheries, ambushes, and skirmishes, entailing the deaths of perhaps thirty men on all sides (including those executed), came to be known somewhat grandiosely as the Chilcotin War. [1]

As recently as 2017, the debate about Begbie’s statue concerned whether it should be “balanced” by the addition of a monument to the six Chilcotin martyrs (the five tried by Begbie at the town of Quesnel, and a sixth tried later at New Westminster). But as the wave of monument-toppling accelerated, this reasonable compromise was forgotten. By 2019 nothing less than complete obliteration of the villain’s name and image was deemed sufficient.

Whether the hanged men were tried fairly, according to 1860s rules of jurisprudence, I don’t claim to know. Certainly there were colonists who, inflamed by early reports of the massacres, would have sidestepped the formalities of the legal process:

[A]re we to stand idly by when dozens of Victorians are being murdered, and make no effort to avenge them or prevent further atrocities? The blood of our murdered countrymen calls loudly for signal and sweeping vengeance. It is mere folly to await the tardy action of the authorities. Let the citizens take the matter in hand at once – to-day! There are hundreds of bold, hardy spirits who would at once volunteer to march against the savage murderers; hundreds of rifles in the hands of Government, and hundreds of citizens who will cheerfully contribute liberally to charter a steamer to convey the volunteers to the scene of the thrice repeated atrocities, where let them not stay their hands till every member of the rascally murderous tribe is suspended to the trees of their own forest – a salutary warning to the whole coast for years to come.

But the trials, although brisk by modern standards, were not the judicial lynchings that might be suggested by lizard-brain emanations like the above. Of the eight Chilcotins who surrendered and were brought to Quesnel for trial, two were released by Begbie without charges, another was found not guilty on insufficient evidence and escaped before he could be tried on a different charge, and five were convicted based largely on witness testimony. One of the five was found guilty only of attempted murder – a crime, Begbie conceded, for which in England he would not have been hanged – but he was implicated in other killings for which no witnesses had survived.

As the judge wrote in a letter outlining the outcome of the trials to the colonial governor, Frederick Seymour,

All the 5 convicts have confessed their guilt of capital offences generally & of the offences for which they have been convicted in particular.

There’s little question that the five hanged men were all active participants in the killings, though it was difficult to assign responsibility for each specific gunshot or hatchet blow. As the killers saw it, they were resisting uninvited aliens who were deliberately spreading smallpox in their community. Begbie believed that an unidentified white man had tried to exploit the Chilcotins’ fear of the disease – which had wiped out as many as two-thirds of their tribe only a few years earlier – by threatening to unleash it on uncooperative natives.

The belief that Europeans introduced smallpox into native communities intentionally – rather than through negligence, as is generally admitted – used to be regarded as an unfortunate but forgivable misunderstanding on the part of traumatized plague survivors. Lately the revisionist view – that settlers, with the support of the colonial administration, in fact engaged in a policy of premeditated biological warfare, a crime that was successfully covered up for a hundred and fifty years – has gone mainstream.

Here for instance is Tom Swanky, author of Canada’s “War” of Extermination on the Pacific (his scare-quotes, not mine), arguing that to dissent from the deliberate-infection theory puts one in the company of…well, guess who:

[I]f Canadians truly seek reconciliation and not to be seen as hypocrites, then educators who demonstrate “anti-indigenous-ism” should be treated just as we treat those who show “anti-semitism.” The rule of law requires us to treat genocide-deniers equally.

I haven’t read Swanky’s book. I’m not being dismissive when I call him a conspiracy theorist – which, by definition, he is. Like many such theorists, he knows more about his subject than most experts, let alone dabblers like me, whose research amounted to reading a couple of books and doing some Googling.

As a dabbler, I lack the wherewithal to investigate every 10,000-word, painstakingly-sourced webpage purporting to prove that, say, John McCain covered up evidence of POWs left behind in Vietnam, or that Israeli intelligence knew in advance about the 9/11 attacks, or (if I may be forgiven a timely parallel) that Covid-19 was stirred up in a lab and spritzed around Wuhan on the personal orders of the CIA or Bill Gates or whoever.

While theorists like the ones above must swim against a strong current of public skepticism, those claiming to stand up for indigenous rights are whisked along on wakeboards of cultural sensitivity. [2] For example, in his most recent post Swanky mentions that,

While exonerating the “Chilcotin Chiefs,” the Crown acknowledged, as a matter of historical fact based on reliable evidence, that settlers did spread smallpox intentionally to set in motion the colonization of Tsilhqot’in territory.

I scoffed when I read this. Surely Swanky was tendentiously misrepresenting BC Premier Christy Clark’s 2014 statement clearing the hanged men? Not really:

Many newcomers made their way into the Interior. Some of those came into conflict with the Tsilhqot’in, and some brought with them an even greater danger. That was smallpox, which by some reliable historical accounts there is indication was spread intentionally.

I didn’t realize that BC’s former premier had, on the floor of the legislature, endorsed the theory that her province was founded on acts of genocide. It’s not quite Swanky’s assertion that the colonial government deliberately infected natives under the guise of inoculating them, but it’s at least halfway there.

***

Some years after the trials, in a memorandum submitted to Canada’s Minister of Public Works, H.L. Langevin (another long-dead nation-builder lately demoted from respectability), Judge Begbie pinned the blame for the Chilcotin War on the white interlopers:

There has never, since 1858, been any trouble with Indians except once, in 1864, known as the year of the Chilcotin Expedition. In that case, some white men had, under color of the pre-emption act, taken possession of some Indian lands ( … their old accustomed camping place, and including a much-valued spring of water), and even after this, continued to treat the natives with great contumely, and breach of faith. The natives were few in number, but very warlike and great hunters. They had no idea of the number of the whites, whom they had not seen. They shot down every white whom they did see, twenty-one I think, including a trail party of Mr. Waddington’s – one or two escaped their notice. Six Indians were induced to surrender, and were hung.

The surrender of the Chilcotin rebels was brought about through a combination of threats and deceit; they apparently thought they were there to parley. Feeling some unease that this “annoying circumstance” might throw doubt on the justice of the verdict, Begbie went afterward to the leader of the rebels to clarify the sequence of events. The judge convinced himself that they would have come in eventually – they had been harried into the mountains and were short of food – and that the confusion over the terms of their surrender had no bearing on the fairness of their trial.

Mentioning this and other mitigating circumstances in his letter to Governor Seymour, who would decide whether the executions should proceed, Begbie concluded, “I do not envy you your task of coming to a decision.” (The governor did reprieve one of two Chilcotins who a year later “surrendered” under similarly dubious circumstances, and were tried at New Westminster under a different judge.)

In 1977, a few years before his courthouse statue went up, Begbie was the subject of a full-length biography, The Man For A New Country, by David R. Williams. In his telling, Begbie was an erudite, humane, and broad-minded jurist who stood up for the rights of the colony’s non-British population in general and for BC’s aboriginal people in particular.

A practicing lawyer, Williams looked closely at Begbie’s judgements and where possible reconstructed his reasoning from his handwritten trial notes. Summarizing his handling of the Quesnel trials – and particularly his allowing into evidence statements that were elicited as a result of the suspects’ “induced” surrender – Williams concludes:

At a trial today, it is unlikely any admissions of guilt obtained under these conditions would be admitted into the evidence, but in the nineteenth century, in spite of the existence of the exclusionary rule, the courts did not so often apply it to the protection of accused persons; Begbie, in ruling that the evidence could be heard by the juries, perhaps correctly as the law then stood, experienced nonetheless twinges of conscience.

And on a wider examination of Begbie’s record:

Begbie had such influence with the Indians that he could confidently assert: “I have never known the Indians deny the justice of a sentence arrived at in a Court of Assize of which I approved myself.” This influence stemmed not only from his fair dealing and from his admiration of the race but also from a genuine sympathy for the cause of preserving the Indians’ “rights” against the intrusion of white settlers.

This is – to put it mildly – no longer the received view. No new evidence has arisen: the old evidence is simply seen through a different lens. What new offenses the lens will uncover in a further forty-odd years, I won’t attempt to predict.

Ahan, the Chilcotin hanged at New Westminster, whose name and likeness may be installed in Begbie’s place, claimed in his testimony that he had acted under duress – that another Chilcotin had threatened to shoot him if he didn’t participate in the ambush of a group of prospectors en route to the Cariboo gold fields.

This was a reasonable and plausible defense, as the rebels appear to have acted out of varying degrees of zealotry, peer pressure, and fear of retaliation from their fiercer comrades. But such ambiguities have been scrubbed away in the urgency to elevate the martyrs to hero status. They are all granted the honorific “Chief”. Their less inspiring deeds, like the murder of Mr. Waddington’s road-building crew – slaughtered in their tents in the early morning by men they’d welcomed to their camp and chatted amiably with the night before – are simply left out of the picture.

This doesn’t make Ahan (who wasn’t present at the massacre of the road-builders) unworthy of commemoration. I hope his statue lasts longer than forty years. In any case, I look forward to the return of a human figure to blunt the hard edges of that concrete courtyard – though, given trends in the art world, I will be surprised if the replacement is as artful and attractive as Imredy’s depiction of Begbie.

***

I bring this all up in the context of this winter’s Canada-wide protests over a natural gas pipeline in northern British Columbia. The controversy began with attempts by some hereditary chiefs of the Wet’suwet’en people to block the construction of a pipeline to carry natural gas from Alberta to Kitimat, on the BC coast, along a route passing through their traditional territory.

The elected councils of the five Wet’suwet’en communities nearest the pipeline, along with those of fifteen other northern First Nations, have given their consent to the project and negotiated a share of the jobs and revenues it will create.

But the protesters claimed that the elected councils are responsible only for administering the few dozen reserves which together constitute a tiny part of the sprawling Wet’suwet’en lands over which, as they see it, the hereditary chiefs retain sovereignty.

In this view, the pipeline builders are foreign invaders, like the workmen who a hundred and fifty-odd years ago began building their road without securing, as we say nowadays, social license from the Chilcotin people.

I don’t say this view is wrong. In any case my opinion is irrelevant beside those of the judges and politicians who have, over the last quarter century or so, issued various rulings, resolutions, and misty-eyed avowals that Canadian First Nations retain some unspecified degree of sovereignty over their traditional territories.

How much sovereignty is up in the air, although one can’t help noticing that each new ruling, resolution, and avowal seems to concede a little more. From the Liberal Party’s winning 2015 platform:

It is time for Canada to have a renewed, nation-to-nation relationship with Indigenous Peoples …

We will immediately re-engage in a renewed nation-to-nation process with Indigenous Peoples to make progress on the issues most important to First Nations …

Maybe the authors of the above intended “nation” in the way it’s sometimes used to refer to the two cultural nations, English-speaking and French-speaking, that were once extolled as the founding races of Canada. It’s this limited definition of “nation” that most Canadians probably had in mind when they acquiesced to the use of the term “First Nations” starting in the 1980s – a symbolic acknowledgement that there were folks here already when the French and English showed up. [3]

Outside of the narrow realm of Canadian constitutional wonkery, most people hearing the phrase “nation-to-nation relationship” will visualize, say, Donald Trump stepping across the North Korean frontier to shake hands with Kim Jong-Un.

It turns out to mean the government of Canada begging to negotiate on equal terms with a handful of chiefs claiming to speak for five communities totalling perhaps 3,400 people. [4]

By the same logic that vilifies Matthew Begbie – that a minority of the Chilcotin were justified in using deadly force to resist an invasion by foreigners – surely the Wet’suwet’en protesters can’t be blamed for their non-violent resistance to the pipeline builders. You or I might prefer to ignore the hereditary chiefs and deal only with the elected councillors, who are far more amenable to democracy, capitalism, and the rule of law – our law.

But if we are foreigners, then whom the Wet’suwet’en appoint to speak for them is none of our business. They, or any other of the dozens of little sovereign entities that cover much of British Columbia, or any minority within any one of those sovereign entities who can convincingly claim the right to speak for their people, are free to tell us to take our pipelines, roads, rails, bulldozers, and personal selves, and bugger off.

I hope that this winter’s ructions will encourage parliament or the courts to mark out unambiguously who’s in charge of these entities, and to what degree their mystical utterances override Canadian laws. It wouldn’t bother me much if the courts declared that the First Nations were in fact honest-to-god nations all along, and that what we grew up believing to be the world’s second-largest country is actually a vast patchwork quilt of Tuvalus, Palaus, and San Marinos. If it comes to it, we can weave our roads and pipelines through the gaps between the little independent entities – but first we need to know where the entities end.

M.

1. How many died in the Chilcotin War? According to Judge Begbie, the death toll (not counting those later executed) amounted to “21 white men and 3 Indians”. Seems like he ought to have known.

However, I count only 19 white men – 14 road-builders, 3 prospectors, a settler named Manning, and a member of the expedition hunting the Chilcotin rebels. On the Chilcotin side were one warrior killed during the ambush of the prospectors and two others who later committed suicide – or perhaps one killed the other, then himself. Finally there was one Chilcotin woman, wife or concubine to one of the prospectors, who was in some versions of the narrative murdered by her own people for betraying their plans to the whites.

2. Almost a decade ago I spent days researching another controversy concerning put-upon indigenous people – in that case, the Nobel Peace Prize-winning Guatemalan activist Rigoberta Menchú, whose inflammatory accusations were being passed along uncritically by the media. In the end I decided that, lacking the time and expertise to properly weigh the evidence, I had better keep my big yap shut. I must be getting reckless in my old age.

3. Former Conservative prime minister John Diefenbaker vigourously objected when his own party endorsed the “two nations” usage back in the 1960s. He saw it as a threat to national unity. His objections were, of course, chalked up to anti-French bigotry.

But as Dief correctly foresaw, when you tell people they are a nation, they start to believe you.

4. How many Wet’suwet’en bands are there? What is their total population? Which of them do the hereditary chiefs claim to represent?

One site says the Office of the Hereditary Chiefs represents two bands, another site says four; their official website says five. Confusingly, one of their constituent bands is itself called the Wet’suwet’en First Nation. I made a spreadsheet to help sort things out.

british columbia six wet'suwet'en bands

British Columbia’s six Wet’suwet’en bands. Click for full size.

The council of Hagwilget Village, the one Wet’suwet’en band that didn’t sign an agreement with Coastal GasLink, is about 120 kilometres from the pipeline route. One source implies that Hagwilget was left out of the negotiations because it wasn’t directly affected, another says the band council was approached by the company but rebuffed them.

 

Is it getting crazier out there?

A month or so ago I witnessed an incident of bullying at my local coffeeshop which, if the ethnicity of the victim had been different – and if anyone had pulled out a phone to record the kerfuffle – might have made the national news. But the person being told to fuck off back to his own country was a white American, so it was a non-event.

The bully, a loud-mouthed, working-class white guy in his twenties, was picking on a smaller, older, better-dressed gent who was standing at the counter waiting to pay for his cappuccino. The younger guy must have noticed the greenbacks in the older guy’s wallet. Or maybe I missed some quieter words that were exchanged before the shouting began. What I heard was a tirade of astonishingly crude and dim-witted chauvinism – “Fuckin’ Americans, you think you’re so fuckin’ great, flashing your fuckin’ money like you own the fuckin’ place,” and so on – that drove the visibly shaken American right out of the shop.

After his victim had fled, the bully turned to a bystander (who, like me, had done nothing to intervene) and apologized, kind of, for his behaviour: “Sorry ’bout that. I just can’t stand fuckin’ Americans.”

As I said, a non-event. In fact it had slipped my mind until I was reminded of it the other day when, in the same coffeeshop, an aggressive panhandler barged in and went from table to table asking for money. When an employee told him to leave, he stomped past the counter and made a lunge for the tip jar, which the cashier barely snatched out of his grasp. Scowling at her, he seized a couple of brownies from a countertop display and shambled unhurriedly to the door, passing right by my table. Again I did nothing.

It got me wondering how many other incidents of low-level craziness I’d witnessed, and forgotten about, over the last couple months. No point trying to enumerate all the vagrants I’ve seen hollering or staggering around on the street. But there was at least one vagrant whose craziness was directed at me – who, when he noticed me walking behind him, turned and growled, “You followin’ me, you fuckin’ twerp?” (I was struck by “twerp” because the guy wasn’t any bigger than I am.) I ignored the provocation and luckily our paths soon diverged.

Just last week I was accosted on the SkyTrain by a gang of drunk and rowdy high school kids – an ethnically diverse and gender-integrated gang which any Hollywood casting director would be proud to assemble – one of whom showed me the fresh scrapes on his knuckles which he said he’d acquired knocking out some “nigga” a few minutes before. (This wasn’t a racial slur. He called me and all his friends “nigga”.) I disembarked at the next stop and made my way to an adjacent car.

It was some hours afterward, riding home, that I noticed a sign advising riders who felt “unsafe” to text their concerns to such-and-such a number. Had I felt unsafe? A bit. But it hadn’t occurred to me to report the rowdies. I suspect they rode around all night, making their fellow passengers uneasy, but doing nothing that would rise to the level of police attention.

***

All the above was written several weeks ago. But I hesitated to share it until I’d had a stab at addressing the objection that has surely occurred to most readers already:

Okay, Grampa, so you got spooked by a couple minor cases of thievery and public transit hooliganism. Are you aware that the crime rate has been falling for most of your adult life?

Yes, I’m aware. I thought I’d take a closer look.

The Statistics Canada website has two main crime-related stats going back to the late 1990s. First we have the Uniform Crime Reporting System, or UCR, which covers all criminal incidents reported to and “substantiated by” Canadian police agencies. It shows no particular pattern up to around 2004-05, then a steady, decadelong drop, stabilizing in the mid-2010s around 40% below the late 1990s level.

The crime rate varies quite a bit from province to province, but the trend is consistent. Here’s how it looks in British Columbia:

british columbia property crime rate 1998-2018

Property crime in BC, 1998-2018. Data and sources.

british columbia violent crime rate 1998-2018

Violent crime in BC, 1998-2018. Data and sources.

Another way to measure crime is to call people up randomly and ask them, “So, experienced any crime lately?” This is the method used by the General Social Survey, or GSS, conducted by Statistics Canada every five years. As you’d expect, it picks up a whole lot of incidents that never get reported to police. (Why don’t they get reported? We’ll come back to that shortly.)

Unfortunately, the GSS only asks about certain categories of crime, and it aggregates them a little differently than the UCR, so the results aren’t directly comparable. But the overall trend is similar, if slightly delayed: stable from 1999 through 2009, then a big drop for the 2014 survey. Here’s my province again:

british columbia self-reported property crime rate 1999-2014

Self-reported property crime in BC, 1999-2014. Data and sources.

british columbia self-reported violent crime rate 1999-2014

Self-reported violent crime in BC, 1999-2014. Data and sources.

My Canadian readers might have noted that that ten-year decline in the violent crime rate matches up suspiciously well with the decade, 2006-15, when the Conservative Party under Stephen Harper was in power.

I know the progressive consensus is that tough-on-crime policies have no conceivable bearing on the behaviour of criminals, except to breed more crime by subjecting innocent poor folks to the dehumanizing scrutiny of the justice system. But comparing the graphs above with the incarceration rate over the last twenty years, there seems to be a correlation between “more prisoners” and “less crime”:

canada incarceration rate 1998-2018

Canadian incarceration rate, 1998-2018. Data and sources.

Is the correlation meaningful? You don’t have to be so crude as to imagine that criminals might respond to the threat of longer sentences by cutting back on their illegal activities. Let’s stipulate that there’s no such thing as “criminals”, only (as the euphemism has it) Justice-Involved Individuals who, through no fault of their own, somehow wind up on the wrong side of the law.

As the progressive consensus would point out, and as common sense would concede, the Justice-Involved are disproportionately poor, beset with addiction and mental issues, or disadvantaged in some way.

With more of those unlucky folks locked away in prison, there are fewer of them out on the streets offending quaint old fusspots like me with their liberated manners and relaxed views about property rights. Hence, lower crime rates.

The increase in the incarceration rate through the Harper years might explain why one subcategory of violent crime went up over the same period:

british columbia assaults on peace officers rate 1998-2018

Assaults on peace officers in BC, 1998-2018. Data and sources.

The same hard-ass mentality that led to an increase in the prison population must have meant more cops stopping suspicious people on the street, more charges laid, more trips to and from court, more overcrowded prisons – more interactions, hence more opportunities for violence, between the Justice-Involved and the agents of the justice system.

The trouble with attributing the decline in crime to the stern wisdom of Stephen Harper is that the property crime rate appears to have been dropping already before he took office, and begun creeping upward again several years before the reversal could be plausibly attributed to the return of Justin Trudeau’s squishy-on-crime Liberals.

For a reality check, here’s what the incarceration rate looked like in the United States over the same period:

united states incarceration rate 2000-2016

U.S. incarceration rate, 2000-2016. Data and sources.

As in Canada, a change of government – Obama’s inauguration in 2009 – heralded a reduction of the prison population. But down there, the change didn’t have any obvious impact on the crime rate, which went on falling, albeit with a slight reversal in violent crime (but not property crime) beginning in 2015:

united states property crime rate 1999-2018

Property crimes in the USA, 1999-2018. Data and sources.

united states violent crime rate 1999-2018

Violent crimes in the USA, 1999-2018. Data and sources.

It may be that, with our cultures and economies so closely linked, Canada’s crime rate simply echoes America’s, whoever is running things in Ottawa.

So why the drop in crime?

People who’ve spent their whole lives studying the justice system can’t agree on an answer to that question. I don’t suppose I’m going to crack it based on a couple days of half-assed research.

My theory – which is not original – is that the share of the population in the high-crime demographic of 15-to-24-year-old males has gone down, while at the same time greater obesity, readily available marijuana, and immersive video games have made young men less interested in spending time on the streets where they have the chance to get into trouble.

In years past, those teenage rowdies I met riding around on the SkyTrain would eventually have run into another gang of rowdies and the resulting fracas might have come to the attention of the police. But their opportunities for mischief were limited by the fact that most kids their age were at home dissipating their aggression in Fortnite.

***

Speaking of SkyTrain rowdies, I witnessed at least one incident within the last couple months that probably did generate a police report – a fight that broke out at the far end of an overcrowded SkyTrain car. I didn’t get a clear view of what happened, but when we pulled into the next station security had to clear everyone out so the pool of blood could be mopped up. It was a surprising amount of blood.

I’ve seen a lot of crazy stuff while riding the SkyTrain. But prior to this, the last time I’d seen a fight – an actual, physical fight, with punches thrown – was way back in the 1990s, near the high point on all these crime rate graphs.

According to the graphs, I was substantially less safe back then than I am now. But it didn’t feel that way. Perhaps after twenty-odd years I’ve simply forgotten all the instances of rudeness, rowdiness, and public disorder that I must have witnessed in the months surrounding that earlier SkyTrain fight. Perhaps such events were so routine that they barely registered. But I don’t think so.

Even if I could reconstruct my impressions of that era – if I’d kept a diary, say – what would it prove? I lived in a totally different part of the city back then. (And I lived in a totally different province for many years in between.) If I’ve noticed an uptick in craziness lately, it may be merely the effect of relocating from a one-percent-crazy to a two-percent-crazy neighbourhood. There may have been a net increase in sanity citywide, and I’ve just had the bad luck to wind up in an area of concentrated craziness.

Or maybe the change is in me. I was in my late teens, early twenties in the 1990s. It wouldn’t be wholly inaccurate to say that at that age I approved of rudeness, rowdiness, and public disorder. (As illustrated by the tour de force of teenage snottiness transcribed here.) At any rate I wasn’t as bothered by them as I am now.

Craziness could be on the decline, and I’ve failed to notice because my uptightness is simultaneously on the ascent.

***

Looking at that graph of assaults on peace officers, I suggested that such offenses might have gone up in the Harper era because cops and prosecutors were more proactively arresting and imprisoning criminals. But that explanation can be spun two ways:

  1. When criminals spend more time in or on their way to prison, a relatively small number of cops, sheriffs, and prison guards bear the brunt of their antisocial impulses, which would otherwise be diffused throughout the wider population. The graph reflects an increase in actual incidences of violence against peace officers.
  2. Or maybe, knowing that the tough-on-crime Tories would have their backs, peace officers became more likely to press charges over minor scuffles that they previously would have shrugged off. The level of violence hasn’t changed, but the threshold for defining an incident as a crime has dropped.

In an earlier I essay I referred to the story told by former B.C. premier Christy Clark, who as a fourteen year old in the 1970s was accosted by a pervert who tried to drag her into the bushes. Wriggling free, she ran off and carried on with her day, never reporting the attack. She believed – wrongly, I think – that no grown-up would take her complaint seriously. I doubt a teenage girl today would come to that conclusion.

I’ve also mentioned how in junior high school a few of my dimwit friends vandalized some playground equipment with, among other half-understood symbols of rebellion, the letters KKK. These days a police investigation would be launched.

The conservative blogger Rod Dreher shared an email a while back from an unnamed reader, a university professor, describing how his students have begun elevating classroom disagreements into criminal complaints:

Last semester, I had to deal with cops three times because my students are reporting each other to the police over threatening behavior in the classroom. “How would you describe the incident?” “There was no incident I am aware of”. Was the violent encounter a glance, a raised eyebrow, a corroboration/correction of somebody else’s statement? Who knows? The cops are nonplussed by this. They are getting dozens of anonymous reports like this a week.

The above anecdotes would tend to suggest a lowering of the threshold, in recent years, of what ordinary people consider important enough to justify hassling the police.

But they’re only anecdotes. According to the GSS, Canadians have become slightly less likely, over the last twenty years, to call the cops when they’ve been victimized:

canada percentage of crimes reported to police, 1999-2014

Source: “Criminal Victimization in Canada, 2014”, Table 1 and Table 9.

The most common reasons people gave for not reporting an incident were “Crime was minor and not worth taking the time to report” and “Police wouldn’t have considered the incident important enough”. “No-one was harmed” and “Incident was a private or personal matter” also scored high.

If the threshold for “police-report-worthiness” has risen slightly, so that more crimes are going unreported, that could be another factor explaining the decline in police-recorded crime.

On the other hand, maybe it’s the threshold for “survey-worthiness” that has fallen. In this case, previously unrecognized crimes – which might not have been considered crimes in the 1990s – are raised to the attention of the Statistics Canada survey-givers, while remaining below the threshold of police-report-worthiness.

The decline in crime would then be even more dramatic than the survey results indicate. If we were to subtract all the newly elevated crimes – shoving matches, barroom ass-grabbings, offensive comments, all recategorized by cultural consensus as “assaults” – we might realize that we’re sheltered from violence and disorder to an unprecedented degree. It’s this very lack of day-to-day danger that makes us freak out over incidents our grandparents would have laughed off.

Hence I felt unsafe encountering a handful of mildly rowdy kids on the SkyTrain – an encounter a 1980s New York subway rider would scarcely have noticed.

I don’t know. I really don’t know.

***

I’m not exactly the first to discover that when comparing crime rates year-to-year, or jurisdiction-to-jurisdiction, the comparisons can be skewed by variations in police behaviour, media attention, cultural awareness, and a dozen other things I haven’t thought of.

Partly because these complications are dimly known to everyone, and partly because we’re naturally excited by rare but sensational crimes, the media tend to use the murder rate as a crude proxy for the overall crime rate. Murder, of course, is the one crime that pretty much always gets reported and investigated.

Here in British Columbia murder is so infrequent that the numbers tend to jump up and down from year to year, making for a spiky graph. But the general trend is encouraging:

british columbia homicide rate 1998-2018

Murders in BC, 1998-2018. Data and sources.

Presumably the main factor affecting the murder rate is how often people try to murder each other. If there are fewer murders, it’s reasonable to conclude that people have become less violence-prone.

But the murder rate will also vary according to the quality and promptness of medical treatment. Better trauma care reduces some murders to assaults, while delayed treatment elevates some assaults to murders.

Here in Vancouver there’s been concern lately over slower ambulance response times. But this was the side effect of a decision a few years back to redirect resources toward the most urgent calls. While lower-priority cases are waiting longer, the most severe emergencies are treated a little more quickly than before – impressive, considering the ever-worsening traffic snarls ambulances have to weave through.

Moreover, with everyone having a phone in their pocket these days, most emergencies are now called in almost immediately. The spread of cell phones between, say, 1990 and 2010, from rich wanker accessories to bare-level essentials for participation in modern life, probably reduced overall wait times for medical treatment. This may have contributed to the drop in violent deaths.

Certain public safety measures might also reduce murders without altering the underlying propensity to commit violence. If it’s harder to get a gun, criminals might resort to stabbing or clubbing each other, resulting in a higher survival rate and lower homicide rate.

Since the prospect of a near-fatal clubbing is, if anything, more terrifying than the prospect of a quick death by gunshot, I don’t find such improvements all that comforting.

With the above factors in mind, I wonder if we could create a more meaningful statistic for worrywarts by combining homicides, attempted homicides, and the most severe or aggravated levels of assault and sexual assault into a single “scariness index”.

(By the way, “aggravated” doesn’t mean – as I supposed until embarrassingly recently – that the assault is punished more lightly because the victim did something to aggravate his or her assailant. In the Canadian criminal code an aggravated assault is one that “wounds, maims, disfigures or endangers the life” of the victim – or, to put it another way, one that might just as easily have been a murder.)

british columbia most severe violent crime rate 1998-2018

BC “scariness index” – most severe violent crimes, 1998-2018. Data and sources.

Aggregating the most severe offenses this way, the scariness level doesn’t seem to have dropped much since my youth. But my index could be misleading since it’s driven mainly by that unexplained bulge in incidents of aggravated assault, cresting in 2010. Even now the aggravated assault rate is at or above late 1990s levels.

Since aggravated assaults seem to have waxed and waned in concert with assaults on peace officers, the bulge might have been a consequence of more aggressive charging, rather than an increase in violence. Or maybe there was a wave of vicious beatings that escaped my attention. Who knows.

As for the murder rate, I don’t pay it much mind. Around here most of the murders seem to consist of rival gang members assassinating each other. (They don’t have any trouble getting hold of handguns.) Occasionally an innocent bystander gets gunned down, but for law-abiding people the risk of death is low.

I worry more about random loonies like this fentanyl-crazed idiot who crushed an old lady’s skull with a garden ornament in the course of robbing her apartment. He got eighteen years.

Or this guy, who hacked a couple to death with a hatchet for no reason at all. His defense is that he was overstimulated by video games.

I have a hard time imagining a connection between drive-by gang shootings and mentally unbalanced vagrants disrupting the peace of coffeeshops.

But that a rise in the number of mentally unbalanced vagrants might portend a rise in the number of mentally unbalanced hatchet murderers seems worryingly plausible.

M.

Regular readers might be forgiven for thinking I spend all my time at the neighbourhood coffeeshop. That establishment has turned up in my ruminations on the usefulness of stereotypes, on the “stigma” of drug addiction, and on the irresistible collapse of modern manners. I mention the difficulty of measuring the crime rate in this essay on immigration and crime – and, yup, the coffeeshop makes an appearance.

No harm done: Racism and rape in Nevil Shute’s The Chequer Board.

There’s a small subgenre of mid-20th-century fiction concerned with black or brown men being railroaded by white authorities on charges of sexually assaulting white girls. Or at any rate, there are two famous instances that came easily to my mind, besides the much obscurer novel I came here to discuss – which together should be enough to wring a couple thousand words out of.

Set yourself to guessing which two famous novels I’m thinking of, while I tell you about Nevil Shute’s The Chequer Board, published in 1947. A lower-middle-class Englishman of no great brains or imagination learns that an old war injury will kill him inside of a year. He resolves to get in touch with three fellow soldiers who were kind to him in the hospital while he was recuperating from the wound. At the time all four had been at low points in their lives; the hero wants to see if the other three made it through all right, and if not, to attempt to repay their kindness during the time he has left.

It’s a pretty moving book, by the way. Among Shute’s several tales of stolid, decent, ordinary joes being dragged out of their routines into the wide romantic world, it’s the best I’ve read so far.

One of the men our hero tracks down, and the one whose story concerns us here, is a black ex-GI named Dave Lesurier.

Flashing back to the war years, we find Lesurier stationed near a village in Cornwall. He and his fellow black Americans, used to condescension and scorn from whites in their own country, are surprised to find that the English villagers treat them decently, and even tolerate them “walking out” with their white daughters. When a new white commanding officer arrives, he decides that these coloured boys are getting above themselves, and implements a more exacting regime to keep them in their place. The villagers side with the blacks, grumbling at the unfairness of the new rules.

Meanwhile, shy, tongue-tied Lesurier has developed a crush on a village girl, not quite seventeen, who works in the shop where he buys his cigarettes. Finding her friendly, but never having an opportunity to speak a private word to her, he approaches her on the street one night, intending to ask if she’d like to go for a walk. But when he tries to speak, things go awry…

Reading The Chequer Board, I wonder how the next generation, raised on current feminist orthodoxies, will interpret the scene where Lesurier “assaults” the girl. But before I get to that let’s consider the parallel cases in (did you guess?) Harper Lee’s To Kill A Mockingbird and E.M. Forster’s A Passage To India.

***

We never receive an objective account of what happened to the accuser, Mayella Ewell, in To Kill A Mockingbird. Our narrator, Scout Finch, can only report what she hears from the balcony overlooking the Maycomb County courtroom where Mayella, her father, and her supposed assailant give their testimony.

Nevertheless, no sane reader is going to come away believing that the accused is anything but perfectly innocent. In the Ewells’ version of events, Mayella hailed a random black man, Tom Robinson, as he passed their yard, offering him a nickel to “bust up this chiffarobe” – chop up an old wooden wardrobe for kindling. Tom entered the yard and, when Mayella stepped inside to retrieve the nickel, followed her in, jumped her, and viciously beat and raped her. Her father arrived home to find a man “ruttin’ on” his daughter, and chased him away.

In Tom’s much more detailed account, he’d been well known to Mayella already, having done various small chores free of charge out of pity for the dirt-poor, lonely white girl. Mayella invited him inside, threw her arms around him, and:

“She reached up an’ kissed me ‘side of th’ face. She says she never kissed a grown man before an’ she might as well kiss a nigger. She says what her papa do to her don’t count. She says, ‘Kiss me back, nigger.’ I say Miss Mayella lemme outa here an’ tried to run but she got her back to the door an’ I’da had to push her. I didn’t wanta harm her, Mr. Finch, an’ I say lemme pass, but just when I say it Mr. Ewell yonder hollered through th’ window.”

What Mr. Ewell hollered, according to Tom, was “You goddamn whore, I’ll kill ya.” Tom ran off, leaving his supposed victim completely unharmed. What happened to her after she was left alone with her father, we can infer.

Mayella’s story seems to require her assailant to have been able to seize her by the neck while simultaneously beating her about the right side of her face, which Tom’s attorney Atticus Finch argues Tom, with his shriveled left arm, couldn’t have done. I doubt that a modern jury would disbelieve Mayella just because she was fuzzy on the details of her beating, or be moved by Atticus’s assertion that as a “strong girl” she should have been able to fend off her crippled but much larger attacker.

In fact, the reason we assume she and her father are lying, and that Tom Robinson is telling the truth, is simply that the narrator paints the Ewells as repellent racist cretins, and Tom as a noble victim. The same testimony presented minus the character portraits might lead to a different interpretation.

***

A Passage to India leaves more room for speculation, but not about the guilt of the accused: we’re told exactly what Dr. Aziz is doing at the time of Miss Quested’s ordeal in the Marabar Caves. Embarrassed over a moment of social awkwardness with his new acquaintance – Miss Quested has innocently asked whether Dr. Aziz, a Muslim, has one wife or several – Aziz ducks into the nearest cave to hide his confusion. Meanwhile the young Englishwoman wanders into a different cave, where…

“[T]here was this shadow, or sort of shadow, down the entrance tunnel, bottling me up. It seemed like an age but I suppose the whole thing can’t have lasted thirty seconds really. I hit at him with the glasses, he pulled me round the cave by the strap, it broke, I escaped, that’s all. He never actually touched me once. It all seems such nonsense.”

For all their blustering about this being the sort of thing that comes of mixing socially with the natives, the British authorities have every reason to assume Aziz’s guilt. He attempts to flee the arresting officers in a guilty-seeming way. The victim’s field-glasses, their strap broken, are discovered in his pocket. And he is found to have told his friends several small lies to smooth over the strangeness of Miss Quested abandoning the group without a word, scrambling down a hillside, and flagging down a passing car for a ride back to town.

Luckily for Aziz, the “queer, cautious” Miss Quested doesn’t share the prejudices of the local Anglo-Indians, and almost as soon as she recovers from her panic she begins to doubt her own memories.

I was reminded of Miss Quested while reading in the British press about three recent well-publicized rape cases that fell apart when exonerating evidence turned up. The barrister for one of the defendants commented:

I can’t talk about the psychology of those who make false accusations, but I do know that once a complaint is made and video evidence is recorded it is very difficult for a complainant to withdraw their allegations without facing prosecution. The whole thing snowballs. You can’t just go into a police station and say: “I was in a bit of an emotional mess at the time, I want to take it back.”

Despite her second thoughts, Miss Quested allows the prosecution to go forward: a skeptical observer comments that “[s]he has started the machinery; it will work to its end.” It takes great courage for her to dramatically recant her accusation mid-trial; she is shunned by the white community that had rallied to her so credulously, and exposes herself to the danger of a lawsuit from the outraged Dr. Aziz.

Still, something made the sensible young woman run in terror from the Marabar Caves that day. The question of whether she was in fact assaulted by a third person – perhaps the guide who disappeared immediately afterward, or “one of that gang of Pathans who have been drifting through the district” – or whether she hallucinated the whole thing, is left unanswered, and ultimately dismissed by Miss Quested as unimportant. She wasn’t harmed, after all.

***

One thing the accused have in common in A Passage to India and To Kill A Mockingbird is a complete lack of sexual interest in their supposed victims. Dr. Aziz feels it a disgrace “to have been mentioned in connexion with such a hag” as Miss Quested. Tom Robinson only feels sorry for Mayella Ewell, and is unwise enough to say so in his testimony; the comment doesn’t go over well with the white jurors.

The Chequer Board is a different case. Here’s what happens when Dave Lesurier, after standing around all evening waiting for her to pass by, finally spots the village girl he has a crush on:

He stood in front of her, and said, “Say, Miss Grace…” And then he stopped.

She said, “Oh, it’s you.” She smiled at him, a little nervously.

He said again, “Say, Miss Grace…” And then he stopped again, because it suddenly seemed silly to ask her to take a little walk with him one evening, at ten o’clock at night. And because he was uncertain what to do, and because he had to do something, he put his arms round her and kissed her.

For a moment she yielded, too surprised to do anything else. For a moment he thought that it was going to be all right. Then fear came to her, irrational, stark fear…

She started to struggly madly in Dave’s arms, to free herself. She cried, “Let me go, you beast, let me go.” And she cried quite loud.

Chagrined, and already ashamed, he released her. He said, “Say, I didn’t mean…Miss Grace, I guess I did wrong…” But she was gone, half running, sobbing with emotion and with fright.

When Dave hears the whistles of the American military policemen, he decides that the safest course is to scram – quite sensibly, as the MPs are prepared, in fact eager, to shoot the black rapist on sight. Eventually he’s cornered, and slashes his own throat in an unsuccessful suicide attempt, which is how he ends up in hospital with the hero of The Chequer Board.

The American officers are none-too-secretly pleased to have a black soldier to make an example of, but the locals don’t think much of the ruckus. A village girl brushes off the incident:

“[A] girl what’s got her head screwed on right doesn’t have to get assaulted, not unless she wants to.”

Even Grace’s father thinks it’s a lot of fuss over nothing:

“Be all right if her mother’d stop putting a lot of fool notions in her head. After all, many a girl’s been kissed in a dark corner before now, and will be again.”

***

Maybe it’s tacky to conflate these fictional cases, streamlined for dramatic and moral effect, with ugly real world crimes; but reading these blithe dismissals of Grace’s complaint, I thought of a story told by British Columbia’s then-premier, Christy Clark, a few years back.

In 1974, fourteen-year-old Christy was walking to her job as a waitress when she was grabbed from the sidewalk by a stranger and pulled into the bushes. She resisted, the stranger lost his footing, and she wriggled free and ran off. Arriving at work she slipped into her apron and went on with her day, never mentioning the attack to anyone. She later wrote:

I suppose I felt that if I hadn’t been physically hurt, people would think I was self-absorbed, overly upset about something that was just part of life for my half of humanity.

I told myself: Get over it. Bad things happen. It was trivial.

If this is really what Christy Clark thought at the time, it’s consistent with the ethos communicated by the authors of A Passage to India and The Chequer Board, who deem it a sign of moral fortitude among women as well as men to suck it up and move on. A kiss and a squeeze from a stranger? A little tug-of-war in a dark cave? No harm done, dearie. Get over it.

Maybe this ethos really did discourage girls like young Christy Clark from reporting “bad things” when they happened, but I’m pretty sure no grown-up even then would have advised her to keep her mouth shut about the attack. No doubt 1970s police were more skeptical when women turned up with unsupported sexual assault allegations, but in no era have cops been okay with strangers dragging young girls off the street. They might have decided that Clark’s story was too vague to pursue (she remembered nothing about her attacker’s appearance), but they might also have received other reports of a pervert skulking in the bushes, and pieced together something about his habits and whereabouts.

I’m not convinced that our modern culture of therapy and oversharing is actually healthier than the old one of swallowed emotions. Maybe Clark would have benefited from the psychological support that a modern police force would have scurried to provide, but the worst consequence of her silence wasn’t her mental trauma; she obviously turned out fine. It’s that a potential rapist was left free to traumatize other girls.

As for Dave Lesurier – we know he meant no harm, but Grace had no way to know. Nor did the military policemen summoned by her screams.

***

After Dave’s suicide attempt, the local innkeeper, concerned about the growing tensions between the black and white soldiers who patronize his pub, is moved to write a letter to General Eisenhower, describing the attempted rape charge as “a bit of humbug”. This results in a level-headed officer from the US Army’s Staff Judge-Advocate’s office being dispatched to investigate the case. He questions Grace about the kiss:

“What happened when you started struggling? Did he let you go, or did he hang on?”

She said, “I was ever so frightened. I don’t really know.” She thought for a minute. “I ran round the corner and bumped right into another man, that fat policeman.”

“That’s not what the lieutenant put in his report. He said that the Negro didn’t let you go until the policeman came. It makes a big difference,” he explained, “whether he let you go at once or not until the policeman came.”

She said, “I think he must have let go. I think he must have done. He wasn’t all that bad.”

With a little bit of time to reflect – and away from the influence of her overbearing mother – Grace decides that it was only a harmless misunderstanding after all. The charge is withdrawn; Dave stays in the army and, when the war is over, remembering the kindness of the villagers, makes his way back to Cornwall. When the hero tracks him down at the end of the novel, he’s living near the scene of the fateful kiss – and married to Grace.

M.

I’ve previously written about Nevil Shute’s autobiography Slide Rule (and evolving linguistic taboos) and his novel In The Wet (and the strange electoral reform scheme described therein).


Michael A. Charles is a writer, animator, and musician currently living in the Vancouver area. He used to be the singer and guitarist for the band known as Sea Water Bliss.

You can find a selection of his cartoons, music videos, and ads on the Gallery page.

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