UN’s New Development Financing (The Bait-and-Switch)

(Ways to raise money)

(Sources of money for health initiatives)

An internationally concerted carbon tax could raise $250 billion per year…

(Page 13)
In this vein, a tax of $25 per ton of CO2 emitted by developed countries is expected to raise $250 billion per year in global tax revenues. Such a tax would be in addition to taxes already imposed at the national level, as many Governments (of developing as well as developed countries) already tax carbon emissions, in some cases explicitly, and in other cases, indirectly through taxes on specific fuels

…and a small currency transaction tax could add an estimated $40 billion…

1. Important Links


CLICK HERE, for the 178 page document.
CLICK HERE, for the UN Convention Against Transnational Organized Crime.
CLICK HERE, for UN Sustainable Development Goals.
CLICK HERE, for Devex article explaining debt-for-development.
CLICK HERE, for World Bank explanation for debt-for-development trade.
CLICK HERE, for debt swaps for sustainable development.
CLICK HERE, for loss of sovereignty article.
CLICK HERE, for an IMF article on debt swaps.

CLICK HERE, for the Climate Change Scam Part I.
CLICK HERE, for Part II, the Paris Accord.
CLICK HERE, for Part III, Saskatchewan Appeals Court Reference.
CLICK HERE, for Part IV, Controlled Opposition to Carbon Tax.
CLICK HERE, for Part V, UN New Development Finance.

2. This Is The Bait:

(From Page 10)
Two main sources are considered: taxes levied on international transactions and/or taxes that are internationally concerted, such as the air-ticket solidarity levy, financial or currency transaction taxes and carbon taxes; and revenues from global resources, such as SDR allocations and proceeds derived from the extraction of resources from the global commons, through, for example, seabed mining in international waters. Proposals on potential sources of finance for international development cooperation in both categories have been discussed for decades, although most of these, with the exception of the proposal on an airline levy, have not yet been adopted.

So what kind of “revenues” are raised?

  • taxes on international transactions
  • internationally concerted taxes
  • air-ticket solidarity levy
  • financial or currency transaction taxes
  • carbon taxes

This is how bait-and-switch works:
(1) Raise money using cause A.
(2) Actually spend the money on cause B.

3. And Here Is The Switch:

An array of other options with large fundraising potential have been proposed (see figure O.1 and table O.1), but have not been agreed upon internationally thus far. These include taxes on financial and currency transactions and on greenhouse gas emissions, as well as the creation of new international liquidity through issuance of special drawing rights (SDRs) by the International Monetary Fund IMF), to be allocated with a bias favouring developing countries or leveraged as development financing. Though their potential may be high, these proposals are subject to political controversy. For instance, many countries are not willing to support international forms of taxation, as these are said to undermine national sovereignty.

There are also challenges in the use and allocation of funds mobilized internationally. Most existing innovative financing mechanisms earmark resources upfront for specific purposes, as is the case for the global health funds. There are perceived benefits in doing so. Advocates argue that the earmarking helps build political support and attract funds by establishing a clear link between fundraising and popular causes. This may come at a cost, however, since earmarking funds can limit domestic policy space for channelling resources to nationally defined priorities.

This explains why there is the bait-and-switch. Countries are not willing to support international taxation. Therefore it is necessary to raise money under the pretense of “environmentalism”. It also shows that the UN feels little resistance to misleading the public on where money is being used for.

(From Page 10)
Some innovations focus on intermediation mechanisms designed to better match funding and needs by facilitating front-loading of resources (which include several mechanisms channelling resources to global health funds and some debt-for-development swap mechanisms), by mobilizing public means to guarantee or insure natural disaster risks or technology development for public causes, or by securing specific-purpose voluntary contributions from the private sector for official development cooperation. Various mechanisms of these types do exist, but they are not large in size.

Several global funds that act as allocation mechanisms are generally also considered to come under the rubric of innovative development financing. Disbursement mechanisms in the health sector include the Global Fund to Fight AIDS, Tuberculosis and Malaria, UNITAID and the GAVI Alliance. These mechanisms collect financing directly from sources or through intermediary financing mechanisms. UNITAID is the only disbursement mechanism that obtains the bulk of its financing from an innovative source, the air-ticket solidarity levy. Other funds rely mainly on traditional sources of financing.

Though the bulk of money raised is collected under the pretense of “environmentalism”, the UN makes it clear that the cash will be spent on a few “other” purposes.

  1. Global Health Funds
  2. Debt-for-Development Swap Mechanisms

4. UN Violates Own Convention


From the UN Convention Against Transnational Organized Crime

Article 4(1)

Article 4. Protection of sovereignty
1. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.
2. Nothing in this Convention entitles a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.

Article 5

Article 5. Criminalization of participation in an organized criminal group
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:
(a) Either or both of the following as criminal offences distinct from those involving the attempt or completion of the criminal activity:
(i) Agreeing with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit and, where required by domestic law, involving an act undertaken by one of the participants in furtherance of the agreement or involving an organized criminal group;

Consider that the New Development Financing involves obtaining huge sums of money under false pretenses. While the publics are told that much of this revenue will be for environmental causes, it becomes clear from later in the document that it will be spent on other purposes (such as debt-for-development and health care causes).

Taking money for purposes other than what is advertised is fraud.

5. Debt Conversion Mechanisms

(Page 86) Debt-conversion mechanisms
Debt conversion entails the cancellation by one or more creditors of part of a country’s debt in order to enable the release of funds which would otherwise have been used for debt-servicing, for use instead in social or environmental projects. Where debt is converted at a discount with respect to its face value, only part of the proceeds fund the projects, the remainder reducing the external debt burden, typically as part of a broader debt restructuring.

Debt to developing nations can be “forgiven”, at least partly, if certain conditions are met. However, the obvious question must be asked:

Can nations be loaned money they could never realistically pay back, in order to ensure their compliance in UN or other global agenda, by agreeing to “forgive” part of it?

(Page 86) Debt conversion first emerged, in the guise of debt-for-nature swaps, during the 1980s debt crisis, following an opinion article by Thomas Lovejoy, then Executive Vice-President of the World Wildlife Fund (WWF), in the New York Times in 1984. Lovejoy argued that a developing country’s external debt could be reduced (also providing tax relief to participating creditor banks) in exchange for the country’s taking measures to address environmental challenges. Estimates based on Sheikh (2010) and Buckley, ed. (2011) suggest that between $1.1 billion and $1.5 billion of debt has been exchanged through debt-for-nature swaps since the mid–1980s, although it is not possible to assess how much of this constitutes IDF, for the reasons discussed in box III.1.

If debt can be forgiven in return for environmental measures, then why not simply fund these environmental measures from the beginning? Is it to pressure or coerce otherwise unwilling nations into agreeing with such measures?

(Page 88)
There have been two basic forms of debt-for-nature exchanges (Buckley and Freeland, 2011). In the first, part of a country’s external debt is purchased by an environmental non-governmental organization and offered to the debtor for cancellation in exchange for a commitment to protect a particular area of land. Such transactions occurred mainly in the late 1980s and 1990s and were generally relatively small-scale. An early example was a 1987 deal under which Conservation International, a Washington, D.C.-based environmental non-governmental organization, bought $650,000 of the commercial bank debt of Bolivia (now Plurinational State of Bolivia) in the secondary market for $100,000, and exchanged this for shares in a company established to preserve 3.7 million acres of forest and grassland surrounding the Beni Biosphere Reserve in the north-east part of the country.
In the second form, debt is exchanged for local currency (often at a discount), which is then used by local conservation groups or government agencies to fund projects in the debtor country. Swaps of this kind are generally much larger, and have predominated since the 1990s. The largest such swap came in 1991, when a group of bilateral creditors agreed to channel principal and interest payments of $473 million (in local currency) into Poland’s Ecofund set up to finance projects designed to counter environmental deterioration. The EcoFund financed 1,500 programmes between 1992 and 2007, providing grants for conservation projects relating to cross-border air pollution, climate change, biological diversity and the clean-up of the Baltic Sea (Buckley and Freeland, 2011).

We will “forgive” your debt if:
(1) A portion of your land is off limits; or
(2) Debt converted to currency to fund “projects”

Debt For Health

(Page 89)
Since the development of debt swaps in the 1980s, there has been a diversification of their uses to encompass social projects, most recently in the area of health under the Debt2Health initiative, which was launched by the Global Fund to Fight AIDS, Tuberculosis and Malaria in 2007 to harness additional resources for its programmes. Under Debt2Health, a donor country agrees to reduce part of a loan ineligible for debt relief under global initiatives such as the HIPC and Multilateral Debt Reduction Initiatives, in exchange for a commitment by the debtor to invest (in local currency) half of the nominal value of the debt in programmes approved by the Global Fund. The Global Fund is committed to devoting all of the funds thus generated to financing programmes in the country rather than overhead costs (Buckley, 2011c).

Debt For Education

(Page 90)
In addition to the uses described above, debt swaps have also been successfully implemented for education and development.2 Clear delineation among the various types of swaps is often problematic, however, as debt-for-development swaps typically provide funding for environmental, health and/or education projects.
……..
. Although nominally debt-conversion operations, these Contracts stipulate that debtor countries are to continue to service these debts in full, while receiving, however, an equivalent amount of new ODA grants tied to specific programmes when they do so (Agence Française de Développement, n.d.). Thus, resources are not redirected from debt servicing to other uses; rather, potential fiscal savings from debt-service reduction are forgone, the resources instead being directed to specific uses (Buckley, 2011a). These transactions thus cannot be considered to constitute IDF

So in these cases the debt isn’t really forgiven. The indebted nation will still have to make payments, while other money will be coming in for other purposes.

The funding generated by debt swaps is closely tied to their designated end use (although the effectiveness of this depends on monitoring mechanisms). While this effective earmarking of budgetary funds indicates a trade-off with policy space, the debt relief provided by converting debt at a discount (where the debt would otherwise have been serviced) releases resources for use in accordance with national priorities. However, the exclusion of relevant ministries and limited civil society participation in the design and implementation processes may undermine coherence with medium-term national development strategies.

To make absolutely clear, this debt forgiveness isn’t free. There is always some trade off. Here, it seems to be having your nation’s sovereignty eroded in return for being cut a break.

While all of this is couched in very pretty rhetoric, one really has to ask what is really the costs?

6. “Voluntary” Pesticide Use In Crops


Here is one such “pull measure” (page 98)

The World Bank is currently developing agricultural projects based on pull mechanisms through the Agricultural Pull Mechanism (AGPM) initiative, with the objectives of increasing production, reducing losses and enhancing food security for small farmers. There are six pilot programmes currently being developed, which are expected to be launched in June 2012. Their objectives are:
-To develop distribution networks for bio-fortified crop varieties (high pro-vitamin A cassava, maize and sweet potato, and high in iron beans) in Africa
-To promote the development and use of new hybrid rice varieties in South Asia
-To develop improved fertilizers and fertilizer production processes
-To promote adoption of improved post-harvest storage technologies
-To incentivize the use of biocontrol mechanisms against aflatoxin contamination of crops
-To promote development and use of a vaccine against peste des petits ruminants in livestock in Africa

Interesting. How much of this is done in the first world?

7. Now Comes Climate Change

(Page 120)
The unprecedented global improvements in average living standards over the last two centuries have come at the cost of serious degradation of the natural environment. The most serious environmental threat is climate change, brought about by global emissions of carbon dioxide and other greenhouse gases. In addition to considerable expenditure for adaptation, climate change necessitates a fundamental shift in development strategies towards a much less carbon-intensive model, and a major reduction in reliance on fossil fuels.

While climate change arises overwhelmingly from historical emissions in developed countries, it impacts disproportionately the well-being and livelihoods of people in developing countries. This makes a compelling case for the assumption by richer countries of the costs of mitigation and adaptation

Read the next several pages. While the paper talks at length about how to “raise” money for climate change causes, it is surprisingly vague about how this money will actually be spent. There are some bland references to technology, but no specifics.

The paper cites “Carbon Dioxide and other greenhouse gases” but CO2 is the only one to actually be named.

Furthermore, the UN tries to promote mass migration to the West. However, this would be illogical, since on average, Western nations leave a much bigger “footprint” than others do.

While “financing” climate change efforts features prominently in later sections of the paper, it gives no real information on how the money would be put to use.

8. Is This Predatory?

From the Journal of Politics and Law Article (see here).

Budget constraints are severely undermining the capacity of governments of developing countries to provide their people even the most basic of social services. This lack of finance is in turn caused by several factors including, among others, huge military spending, pervasive corruption and large repayments of debts owed to the developed world. These factors, either singly or in combination, eat up government funds that can otherwise be spent on education, health, housing and other social services. Economists have a better way of describing it – these factors ‘crowd out’ essential public spending designed to benefit the people. (Note 1) As a result, these governments are unable to steer their countries towards the path of economic development and entire peoples are unable to enjoy the most fundamental of economic, social and cultural rights

This is what we are financing.

Our leaders take from us, claiming it is for efforts to “protect the environment”. Money is then spent abroad in the developing world, often awarded in the form of loans. When such nations cannot pay back the money they owe, they become indebted to their creditors. This is usually bodies like the UN or IMF.

Bait: Tax to save environment
Switch: Predatory loans to developing world.

This is the bait-and-switch. It is highly unethical to take advantage of people like this.

UN’s Search For New Development Financing (Climate Change Scam #5)

1. Important Links


CLICK HERE, for the 178 page document.
CLICK HERE, for the Paris Accord.
CLICK HERE, for Agenda 2030, signed Sept 2015 by Harper.
CLICK HERE, for Agenda 21, signed June 1992 by Mulroney.
CLICK HERE, for debt.org, and predatory lending.
CLICK HERE, for Washington State, and predatory lending.
CLICK HERE, for British Columbia Law Institute, predatory lending.

CLICK HERE, for the Climate Change Scam Part I.
CLICK HERE, for Part II, the Paris Accord.
CLICK HERE, for Part III, Saskatchewan Appeals Court Reference.
CLICK HERE, for Part IV, Controlled Opposition to Carbon Tax.

2. FOREWORD BY BAN KI-MOON

Achieving the Millennium Development Goals and addressing global challenges such as climate change require considerable financing. Finding the necessary resources will be challenging, especially for least developed countries. Official development assistance (ODA) is falling well short of what countries need, and commitments to provide more aid remain unfulfilled. In the midst of difficult financial times, many donor countries have cut back on development assistance. In 2011, aid flows declined in real terms for the first time in many years.

The need for additional and more predictable development financing has led to a search for alternative, innovative sources. A number of initiatives have been launched during the past decade, most of which have been used to fund global health programmes that have helped to provide immunizations and AIDS and tuberculosis treatments to millions of people in the developing world.

While these initiatives have successfully used novel methods to channel development financing, they have not yielded much additional funding, thus leaving available finance well short of what is needed. This is one reason why proposals to mobilize resources for development through sources beyond ODA, including innovative finance mechanisms, have generated renewed interest from both Governments and civil society.

This year’s World Economic and Social Survey shows that such proposals could raise hundreds of billions of dollars in additional finance. If they are to become viable, however, strong international agreement is needed, along with adequate governance mechanisms, to manage the allocation of additional resources for development and global public goods.

World Economic and Social Survey 2012 is a valuable resource for implementing the decisions reached at the United Nations Conference on Sustainable Development (Rio+20). I commend it to all those seeking a solid financial underpinning for the post2015 development agenda

Okay, to sum this up: the UN needs “lots” of cash for its various agendas. Foreign aid is being cut for the first time in years, and commitments remain unfulfilled.

3. Innovative Sources Of Funding

Okay, what are these “revenue sources”?

  • SDR (or special drawing rights), from IMF $150B-$270B
  • Carbon taxes, $240B
  • Leveraging SDR, $90B
  • Financial transaction tax, $10B-70B
  • Billionaire tax, $90B
  • Currency trading tax, $30B
  • EU emissions trading scheme, $5B
  • Air passenger levy, $10B
  • Certified emission reduction tax, $2B

If these numbers are accurate, then the US is viewed as a cash cow somewhere to the tune of $627 billion to $807 billion. Yes, this only refers to revenue potential from the United States. I believe this is annually.

What does the report say about SDAs?

These include taxes on financial and currency transactions and on greenhouse gas emissions, as well as the creation of new international liquidity through issuance of special drawing rights (SDRs) by the International Monetary Fund IMF), to be allocated with a bias favouring developing countries or leveraged as development financing. Though their potential may be high, these proposals are subject to political controversy. For instance, many countries are not willing to support international forms of taxation, as these are said to undermine national sovereignty.

No kidding. There is a lot of political opposition to taxes which are deemed to undermine national sovereignty. Could that be because these taxes AREN’T being used to support the well being of the citizenry? Instead the money is being funnelled out of the country in the name of some global good project.

The appeal of potential mechanisms for more automatic and assured flows of funds for international cooperation, especially if they can mobilize substantial amounts of resources, has led to multiple proposals on how to establish those mechanisms. While recognizing that these proposals have been long-standing, this Survey argues that certain forms of international taxation and leveraging of international reserve assets have great potential to significantly enhance resources for international development cooperation, warranting greater efforts to overcome the obstacles that have prevented tapping such potential in the past.

Here we get to the heart of the matter. The bulk of these “revenue tools” are listed as being for environmental causes. Yet the UN itself admits that the money will be used for other purposes. This is money laundering and fraud.

In one such proposal, the IMF would issue more international liquidity in the form of special drawing rights. Proposed annual allocations of SDR 150 billion–250 billion would be received mainly by developed countries, as the SDRs are distributed according to country quotas in IMF. However, if instead, two thirds were allocated to developing countries, they would receive $160 billion–$270 billion annually. The “seigniorage” from such issuance, which now accrues to the international reserve currency countries, could be allocated for use in part by the international community in favour of developing countries. Admittedly, changing the SDR allocation formula would constitute a significant political undertaking, as it will require an amendment to the IMF Articles of Agreement. Amending the Articles, like decisions for a general SDR allocation under existing rules, requires an 85 per cent approval of member votes, giving the United States of America an effective veto. Indeed, United States support for regular SDR allocations would imply a measure of global solidarity, as the seigniorage embodied in the new SDRs would be largely at the expense of seigniorage no longer accruing to the United States. Nevertheless, such a change could result in a significant strengthening of the international monetary system, which should be supported by all IMF member countries.

Such regular issuance of SDRs has no direct link to development finance, however. SDRs remain a reserve asset, but their additional availability, arranged through international coordination, could reduce the need for individual developing countries to set aside foreign-exchange earnings in reserve holdings of their own as a form of self insurance against global market shocks.

So if the developed world were to engage in these UN measures, then developing countries wouldn’t need to set aside foreign exchange earnings in reserve. This is because “we” will have done it for them. In short, this is the 1st world economically propping up the 3rd world.

An internationally concerted carbon tax could raise $250 billion per year…

Let’s be clear. The Carbon tax has NOTHING to do with environmentalism, and everything to do with being a fundraising tool for the UN’s agendas.

If global policy could be designed as if for a single economy, then a single global tax could be set (and adjusted over time) to steer overall emissions in the direction of a particular target to be achieved by a particular date. However, the world is made up of many countries which would experience different impacts on overall consumption and production from a single tax. The differential impact of a uniform carbon tax would cause objections to be raised by Governments and could frustrate agreement on the tax, especially since it is unlikely that those making the smallest sacrifices under a uniform tax would fully compensate those making the largest. Indeed, the 1997 Kyoto Protocol3 to the 1992 United Nations Framework Convention on Climate Change mandates only that higher-income countries make specific targeted reductions, as those countries are responsible for most of the man-made concentrations of CO2 in the atmosphere and are best able to bear the economic burden. In this vein, a tax of $25 per ton of CO2 emitted by developed countries is expected to raise $250 billion per year in global tax revenues. Such a tax would be in addition to taxes already imposed at the national level, as many Governments (of developing as well as developed countries) already tax carbon emissions, in some cases explicitly, and in other cases, indirectly through taxes on specific fuels.

We will have a carbon tax on top of:

  • other federal taxes
  • Provincial taxes
  • Municipal taxes
  • Fuel specific taxes

This is all a scam to gouge the public to finance the UN agendas.

Estimates of additional financing needs for climate change mitigation and adaptation in developing countries are great—considerably greater even than those for health. Estimates of additional investment needs in 2030 are in the order of $140 billion–$175 billion per annum (plus additional upfront investments of $265 billion–$565 billion) for mitigation, and a further $30 billion–$100 billion per annum for adaptation. World Economic and Social Survey 2011 (United Nations, 2011a) estimated additional investment needs of developing countries for sustainable development, including for climate change mitigation and adaptation, and for ensuring access to clean energy for all, sustainable food production and forest resource management, at about $1 trillion per year in the coming decades. As recognized, inter alia, by the Copenhagen Accord, from the perspective both of fair burden-sharing in financing global public goods and of the limited economic means of developing countries, a substantial share of the required financing would need to come from international transfers.

Okay, by 2030, various UN agendas will be costing about $1 trillion (with a “T”) annually. And in order to finance this, lots of financing will be required, mainly from the developed world.

Health causes will cost a fraction of what environmental costs are expected to be.

4. Exploitation: Debt for Development

Debt conversion first emerged, in the guise of debt-for-nature swaps, during the 1980s debt crisis, following an opinion article by Thomas Lovejoy, then Executive Vice-President of the World Wildlife Fund (WWF), in the New York Times in 1984. Lovejoy argued that a developing country’s external debt could be reduced (also providing tax relief to participating creditor banks) in exchange for the country’s taking measures to address environmental challenges. Estimates based on Sheikh (2010) and Buckley, ed. (2011) suggest that between $1.1 billion and $1.5 billion of debt has been exchanged through debt-for-nature swaps since the mid–1980s, although it is not possible to assess how much of this constitutes IDF, for the reasons discussed in box III.1.

There have been two basic forms of debt-for-nature exchanges (Buckley and Freeland, 2011). In the first, part of a country’s external debt is purchased by an environmental non-governmental organization and offered to the debtor for cancellation in exchange for a commitment to protect a particular area of land. Such transactions occurred mainly in the late 1980s and 1990s and were generally relatively small-scale. An early example was a 1987 deal under which Conservation International, a Washington, D.C.-based environmental non-governmental organization, bought $650,000 of the commercial bank debt of Bolivia (now Plurinational State of Bolivia) in the secondary market for $100,000, and exchanged this for shares in a company established to preserve 3.7 million acres of forest and grassland surrounding the Beni Biosphere Reserve in the north-east part of the country.

In the second form, debt is exchanged for local currency (often at a discount), which is then used by local conservation groups or government agencies to fund projects in the debtor country. Swaps of this kind are generally much larger, and have predominated since the 1990s. The largest such swap came in 1991, when a group of bilateral creditors agreed to channel principal and interest payments of $473 million (in local currency) into Poland’s Ecofund set up to finance projects designed to counter environmental deterioration. The EcoFund financed 1,500 programmes between 1992 and 2007, providing grants for conservation projects relating to cross-border air pollution, climate change, biological diversity and the clean-up of the Baltic Sea (Buckley and Freeland, 2011).

However, most debt-for-nature swaps have been much smaller, so that the funds generated are generally limited relative to environmental financing needs, providing funding, instead, for individual projects. Critics also argue that monitoring mechanisms are often insufficient to ensure that debtor countries fulfil their environmental obligations, and that swaps may be detrimental to national sovereignty in cases where they result in the transfer of landownership to foreign entities. In view of the latter concern, conservation organizations involved in three-way swaps (involving the debtor Government, the creditor and a third party) often refrain from buying land directly with funds generated by swaps (Sheikh, 2010)

How is this even legal? Developing nations are “loaned” money they cannot possibly pay back. This is done on the backs of taxpayers in the first world.

When indebted nations cannot pay the loans back, which is usually the case, debt is “forgiven” or “reduced” in return for local currency and resources, and/or access to the land for other environmental projects. These, of course, are also financed on the backs of First World taxpayers.

Of course, land and other resources could now be effectively controlled by foreign entities, meaning that entire parts of Countries would be owned by foreigners. Not too different from say, Vancouver (which is bought up en masse by China).

5. Exploitation: Debt for Education

In addition to the uses described above, debt swaps have also been successfully implemented for education and development. Clear delineation among the various types of swaps is often problematic, however, as debt-for-development swaps typically provide funding for environmental, health and/or education projects.

Based on Buckley, ed. (2011), the cumulative amount of debt-for-development and debt-for-education swaps appears to be in the order of $3 billion, including 18 debt-for-education swaps in 14 countries since 1998, the proceeds of which were in most cases directed to funding for local schools (Buckley, 2011c). Again, however, the proportion of this total that has provided additional funding—and may therefore be considered to constitute IDF—cannot readily be estimated. In particular, $865 million of the $3 billion total represents Debt Reduction-Development Contracts with the Agence Française de Développement, covering debts arising from past ODA loans from France which would otherwise be eligible for cancellation under multilateral debt reduction programmes such as the HIPC Initiative. Although nominally debt-conversion operations, these Contracts stipulate that debtor countries are to continue to service these debts in full, while receiving, however, an equivalent amount of new ODA grants tied to specific programmes when they do so (Agence Française de Développement, n.d.). Thus, resources are not redirected from debt servicing to other uses; rather, potential fiscal savings from debt-service reduction are forgone, the resources instead being directed to specific uses (Buckley, 2011a). These transactions thus cannot be considered to constitute IDF.

This is concerning for a few reasons.

First, it seems to hold a nation hostage by making demands in order to fund its health care or education.

Second, given the sorts of education the UN engages in, would imposing this on other nations actually work to undermine its culture and identity?

6. Closing thoughts

Given the document is basically a book, this review hardly does it justice.

The UN seeks to raise huge amounts of money through various “innovative” means. Basically, they are some form of tax, or are funds converted from taxes of individual nations. This has the effect of bankrupting the developed world, as their money is being used to finance globalist agendas.

Furthermore, the “lending” to the developing world can be considered predatory. Money is loaned out to nations which have no realistic chance to pay it back. In order to “service” their debts, nations are forced to cede to foreign ownership, or to allow the UN control over how its territory is used.

This is exploitive for everyone involved. And despite the rallying cries, this has little to do with actually combatting climate change.

A shoutout to Nicky @cravecreative, for catching this disaster.

Infanticide #5: Ontario COA Rules Doctors Must Provide Abortions/Euthanasia, or Provide Referal

(article from Christian Legal Fellowship)

(Lifesite news also covered this)

(Ontario Divisional Court ruling)

(Divisional Court ruling appeal to Ontario Court of Appeals)

IMPORTANT LINKS


CLICK HERE, for Ontario Court of Appeals ruling, May 15, 2019.
CLICK HERE, for the Ontario Divisional Court ruling, January 31, 2018.
CLICK HERE, for R.v. Oakes (balancing test)
CLICK HERE, for Carter v. Canada (struck down assisted suicide laws).
CLICK HERE, for Ontario Human Rights Code.
CLICK HERE, for the Canadian Charter.
CLICK HERE, for some Charter cases.
CLICK HERE, for Housen v. Nikolaisen, 2002 (standard for review)

In This Series
CLICK HERE, for Part 1, New York and Virginia.
CLICK HERE, for Part 2, Kill The Survivors.
CLICK HERE, for Part 3, UN Endorses Abortion As Human Right.
CLICK HERE, for Part 4, Fallout and Pushback.

Miscellaneous Articles
CLICK HERE, for woman who tries to drown newborn gets only 1 year.
CLICK HERE, for a Maclean’s article on “assault on women’s rights”.
CLICK HERE, for Roe (as in Roe v Wade), becomes anti-abortion activist.

BRIEF INTRODUCTION


The case above is one of Ontario doctors refusing to provide certain “reproductive health services” (a.k.a. abortion), and “medical assistance in dying” MAiD (a.k.a. euthanasia). Not only did they refuse to provide these services, they refused to help with the referrals procedures to others who would.

The Appellants refused on religious grounds. They claimed that requiring them to participate in these “medical services” violated their consciences and religious convictions. To be fair, we are talking about killing unborn children, eldery, and terminal patients. The other extreme would be more disturbing.

Their regulatory body, the College of Physicians and Surgeons of Ontario, says if they won’t perform such “health care services”, then they must help the patients get referred to doctors who will.

The Ontario Divisional Court agreed that this was the case. And now the Ontario Court of Appeals has upheld that ruling. Will this go to the Supreme Court of Canada? We will see.

COURT OF APPEAL EXERPS

E. Issues
[57] The appeal raises the following issues:
(1) What is the applicable standard of review and is the Doré/Loyola framework or the Oakes framework applicable to this case?

(2) Do the effective referral requirements of the Policies infringe the appellants’ s. 2(a) freedom of conscience and religion?

(3) Do the effective referral requirements of the Policies infringe the appellants’ s. 15(1) equality rights?

(4) If there is an infringement of the appellants’ Charter rights and/or freedoms, is it justified under s. 1 of the Charter?

Standard Of Review

[59] The normal rules of appellate review of lower court decisions, articulated in Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235, apply on this appeal. Questions of law are reviewed on a correctness standard, and questions of fact and mixed fact and law are reviewed on a standard of palpable and overriding error: Housen, at paras. 8, 10, 36-37. The Divisional Court’s selection and application of the correctness standard to the Policies is a question of law and is accordingly reviewed by this court on a correctness standard.

If it is a question of fact, the standard is “overriding palpable error”. In essence, Appeals Courts tend to “give deference” to the Trial Judge since he/she is in a much better position to actually judge the case.

In questions of law, the standard is the correctness of the law itself.

In questions of mixed law and fact are viewed more towards “overriding palpable error”.

Religious Freedom

[62] In Law Society of British Columbia v. Trinity Western University, 2018 SCC 32 (CanLII), [2018] 2 S.C.R. 293, at para. 62, the Supreme Court adopted the definition of religious freedom expressed in R. v. Big M Drug Mart Ltd., 1985 CanLII 69 (SCC), [1985] 1 S.C.R. 295, at p. 336:

[T]he right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination.

[63] At para. 63, the court set out the requirements of the test:
[F]irst, that he or she sincerely believes in a practice or belief that has a nexus with religion; and second, that the impugned state conduct interferes, in a manner that is more than trivial or insubstantial, with his or her ability to act in accordance with that practice or belief.
This was the test applied by the Divisional Court, referring to Syndicat Northcrest v. Amselem, 2004 SCC 47 (CanLII), [2004] 2 S.C.R. 551, at para. 56. See also Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (CanLII), [2009] 2 S.C.R. 567, at para. 32.

[64] The sincerity of belief and interference are conceded. But the College contends that the interference is trivial and insubstantial and does not contravene s. 2(a).

[65] I disagree. To explain my reasons, it is necessary to examine the appellants’ beliefs and their objections to performing or referring patients for the procedures at issue.

All parties agree the beliefs are sincere. The College says it is trivial, while the Panel disagrees.

Section 15 and Equality

[87] The Divisional Court referred to the two-part test for establishing a breach of s. 15(1) articulated in Taypotat, at paras. 19-20: (1) whether, on its face or in its impact, a law creates a distinction on the basis of an enumerated or analogous ground; and (2) whether the impugned law fails to respond to the actual capacities and needs of the members of the group and instead imposes burdens or denies benefits in a manner that has the effect of reinforcing, perpetuating or exacerbating their disadvantage.

[88] The focus of the inquiry is “whether a distinction has the effect of perpetuating arbitrary disadvantage on the claimant because of his or her membership in an enumerated or analogous group” such that it is a “discriminatory distinction”: Taypotat, at paras. 16, 18; and Quebec (Attorney General) v. A., 2013 SCC 5 (CanLII), [2013] 1 S.C.R. 61, at para. 331

[89] Applying this test, the Divisional Court dismissed the appellants’ claim that the Policies infringe their equality rights under s. 15(1) of the Charter. Without deciding whether the Policies create a distinction on the basis of religion, the Divisional Court held that the Policies do not have the effect of reinforcing, perpetuating or exacerbating a disadvantage or promoting prejudice against religious physicians. Nor do they restrict access to a fundamental social institution or impede full membership in Canadian society.

To put it mildly, the Courts have decided that not all “equality rights” are treated equally. In other words, it is okay to discriminate on the basis of “protected grounds” as long as it falls within certain guidelines.

Allowed Under Section 1?

[97] The onus at this stage is on the College to establish, on a balance of probabilities, that the infringement of the appellants’ freedom of religion is a reasonable limit, demonstrably justified in a free and democratic society: Multani, at para. 43.
[98] In Oakes, at pp. 135 and 138-39, Dickson C.J. articulated a framework for the s. 1 analysis, which can be summarized as follows:
(a) the Charter-infringing measure must be “prescribed by law”;
(b) the objective of the impugned measure must be of sufficient importance to warrant overriding a constitutionally protected right or freedom;
(c) the means chosen must be reasonable and demonstrably justified – this is a “form of proportionality test” which will vary in the circumstances, but requires a balancing of the interests of society with the interests of individuals and groups and has three components:
(i) the measure must be rationally connected to the objective – i.e., carefully designed to achieve the objective and not arbitrary, unfair or based on irrational considerations;
(ii) the means chosen should impair the Charter right or freedom as little as possible; and
(iii)there must be proportionality between the salutary and deleterious effects of the measure.

This is a fairly lengthy section, but this lays out the groundwork for determining whether Charter violations can otherwise be “saved”. Are there justifiable public interests in the breaches that are affirmed? Ultimately, the Court of Appeals said yes. These violations were justified on other grounds.

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blockquote>[186] The Fact Sheet identifies options that are clearly acceptable to many objecting physicians. Those who do not find them acceptable may be able to find other practice structures that will insulate them from participation in actions to which they object. If they cannot do so, they will have to seek out other ways in which to use their skills, training and commitment to patient care. I do not underestimate the individual sacrifices this may require. The Divisional Court correctly found, however, that the burden of these sacrifices did not outweigh the harm to vulnerable patients that would be caused by any reasonable alternative. That conclusion is not undermined by the fresh evidence before this court. Even taking the burden imposed on physicians at its most onerous, as framed by the appellants, the salutary effects of the Policies still outweigh the deleterious effects.

[187] As the Divisional Court observed, the appellants have no common law, proprietary or constitutional right to practice medicine. As members of a regulated and publicly-funded profession, they are subject to requirements that focus on the public interest, rather than their interests. In fact, the fiduciary nature of the physician-patient relationship requires physicians to act at all times in their patients’ best interests, and to avoid conflicts between their own interests and their patients’ interests:

CLOSING THOUGHTS


This is the heart of the conclusion:
(A) Doctors have other options
(B) Doctors can alter their practice
(C) Public interest comes first
(D) Medicine is a publicly regulated profession.

One thing needs to be pointed out though: just because something is LEGAL, doesn’t make it MORAL. Abortion and euthanasia are killing. Period.

Although both abortion and assisted suicide have no criminal penalties against them, there are still huge scientific and moral arguments against both. This will be a topic for a coming piece.

If a person believes that carrying out just “health care services” amounts to murder, that is okay. But wouldn’t referrals of such procedures make a doctor an accessory to murder? Although one degree removed, the moral objection would be the same.

Bottom line: provide the service, or refer to someone else who will. You’re here to serve the public.

Digital Charter Coming After “Christchurch Call”

(Trudeau announcing new “Digital Charter”)

(New Zealand PM Jacinda Ardern at “Christchurch Call”)

Yes, the Christchurch Call and the UN “digital cooperation” are 2 separate initiatives, but the result is the same: stamping out free speech online.

(The UN High-Level Panel on Digital Cooperation)

(Liberal ex-Candidate Richard Lee supports UN regulating internet)

IMPORTANT LINKS


CLICK HERE, for text of Christchurch Call. Death to free speech.
CLICK HERE, for the announcement of the new “Charter”.
CLICK HERE, for review of Gov’t bribing media outlets.
CLICK HERE, for the $595M bribery (see pages 40-44)
CLICK HERE, for Ottawa purging references to Islam in terrorism report.
CLICK HERE, for an article on “approved media”.
CLICK HERE, for the Canadian Charter.

Interesting UN Links from prior article.
CLICK HERE, for the UN Panel for Digital Cooperation
CLICK HERE, for their press release.
CLICK HERE, for Digital Cooperation.
CLICK HERE, for a 2012 Internet Governance Forum held in Bogota, Colombia.
CLICK HERE, for the 2014 Arab Internet Governance Forum.
CLICK HERE, for Arab Dialogue on Internet Governance
CLICK HERE, for internet governance in Western Asia
CLICK HERE, for a review of UN wanting to ban criticism of Islam on a global scale.

TEXT OF CHRISTCHURCH CALL

To that end, we, the Governments, commit to:

  • Counter the drivers of terrorism and violent extremism by strengthening the resilience and inclusiveness of our societies to enable them to resist terrorist and violent extremist ideologies, including through education, building media literacy to help counter distorted terrorist and violent extremist narratives, and the fight against inequality.
  • Ensure effective enforcement of applicable laws that prohibit the production or dissemination of terrorist and violent extremist content, in a manner consistent with the rule of law and international human rights law, including freedom of expression.
  • Encourage media outlets to apply ethical standards when depicting terrorist events online, to avoid amplifying terrorist and violent extremist content.
  • Support frameworks, such as industry standards, to ensure that reporting on terrorist attacks does not amplify terrorist and violent extremist content, without prejudice to responsible coverage of terrorism and violent extremism. Consider appropriate action to prevent the use of online services to disseminate terrorist and violent extremist content, including through collaborative actions, such as:
  • Awareness-raising and capacity-building activities aimed at smaller online service providers;
  • Development of industry standards or voluntary frameworks;
  • Regulatory or policy measures consistent with a free, open and secure internet and international human rights law.

To that end, we, the online service providers, commit to:

  • Take transparent, specific measures seeking to prevent the upload of terrorist and violent extremist content and to prevent its dissemination on social media and similar content-sharing services, including its immediate and permanent removal, without prejudice to law enforcement and user appeals requirements, in a manner consistent with human rights and fundamental freedoms. Cooperative measures to achieve these outcomes may include technology development, the expansion and use of shared databases of hashes and URLs, and effective notice and takedown procedures.
  • Provide greater transparency in the setting of community standards or terms of service, including by:
    Outlining and publishing the consequences of sharing terrorist and violent extremist content;
  • Describing policies and putting in place procedures for detecting and removing terrorist and violent extremist content. Enforce those community standards or terms of service in a manner consistent with human rights and fundamental freedoms, including by:
  • Prioritising moderation of terrorist and violent extremist content, however identified;
    Closing accounts where appropriate;
  • Providing an efficient complaints and appeals process for those wishing to contest the removal of their content or a decision to decline the upload of their content.
  • Implement immediate, effective measures to mitigate the specific risk that terrorist and violent extremist content is disseminated through livestreaming, including identification of content for real-time review.
  • Implement regular and transparent public reporting, in a way that is measurable and supported by clear methodology, on the quantity and nature of terrorist and violent extremist content being detected and removed.
  • Review the operation of algorithms and other processes that may drive users towards and/or amplify terrorist and violent extremist content to better understand possible intervention points and to implement changes where this occurs. This may include using algorithms and other processes to redirect users from such content or the promotion of credible, positive alternatives or counter-narratives. This may include building appropriate mechanisms for reporting, designed in a multi-stakeholder process and without compromising trade secrets or the effectiveness of service providers’ practices through unnecessary disclosure.
  • Work together to ensure cross-industry efforts are coordinated and robust, for instance by investing in and expanding the GIFCT, and by sharing knowledge and expertise.
  • To that end, we, Governments and online service providers, commit to work collectively to:
  • Work with civil society to promote community-led efforts to counter violent extremism in all its forms, including through the development and promotion of positive alternatives and counter-messaging.
  • Develop effective interventions, based on trusted information sharing about the effects of algorithmic and other processes, to redirect users from terrorist and violent extremist content.
  • Accelerate research into and development of technical solutions to prevent the upload of and to detect and immediately remove terrorist and violent extremist content online, and share these solutions through open channels, drawing on expertise from academia, researchers, and civil society.
  • Support research and academic efforts to better understand, prevent and counter terrorist and violent extremist content online, including both the offline and online impacts of this activity.
  • Ensure appropriate cooperation with and among law enforcement agencies for the purposes of investigating and prosecuting illegal online activity in regard to detected and/or removed terrorist and violent extremist content, in a manner consistent with rule of law and human rights protections.
  • Support smaller platforms as they build capacity to remove terrorist and violent extremist content, including through sharing technical solutions and relevant databases of hashes or other relevant material, such as the GIFCT shared database.
    Collaborate, and support partner countries, in the development and implementation of best practice in preventing the dissemination of terrorist and violent extremist content online, including through operational coordination and trusted information exchanges in accordance with relevant data protection and privacy rules.
  • Develop processes allowing governments and online service providers to respond rapidly, effectively and in a coordinated manner to the dissemination of terrorist or violent extremist content following a terrorist event. This may require the development of a shared crisis protocol and information-sharing processes, in a manner consistent with human rights protections.
  • Respect, and for Governments protect, human rights, including by avoiding directly or indirectly contributing to adverse human rights impacts through business activities and addressing such impacts where they occur.

Recognise the important role of civil society in supporting work on the issues and commitments in the Call, including through:

  • Offering expert advice on implementing the commitments in this Call in a manner consistent with a free, open and secure internet and with international human rights law;
  • Working, including with governments and online service providers, to increase transparency;
  • Where necessary, working to support users through company appeals and complaints processes.
  • Affirm our willingness to continue to work together, in existing fora and relevant organizations, institutions, mechanisms and processes to assist one another and to build momentum and widen support for the Call.
  • Develop and support a range of practical, non-duplicative initiatives to ensure that this pledge is delivered.
    Acknowledge that governments, online service providers, and civil society may wish to take further cooperative action to address a broader range of harmful online content, such as the actions that will be discussed further during the G7 Biarritz Summit, in the G20, the Aqaba Process, the Five Country Ministerial, and a range of other fora.

Signatories:
Australia
Canada
European Commission
France
Germany
Indonesia
India
Ireland
Italy
Japan
Jordan
The Netherlands
New Zealand
Norway
Senegal
Spain
Sweden

Some observations:

  1. Combatting extremist ideologies and fighting inequality are lumped together.
  2. This will apparently be done “respecting free speech and human rights”, but aren’t those things already supposed to be protected?
  3. Parties want to “promot[e] positive alternatives and counter-messaging”. Doesn’t that sound like Onjective 17(c) of the UN Global Migration Compact, promote propaganda positive to migration?
  4. Encouraging media to use ethical practices when covering violence? And what, shut them down if they refuse?
  5. Widen support for the call? Collective suicide pact for free speech?
  6. Looking for expert advice in how to implement “the Call” without violating those pesky free speech and human rights laws. Perhaps you need another Jordan Peterson to make it sound nice and fluffy.
  7. Research to spot “ROOT CAUSES” of terrorism.
  8. Look for technical methods to remove terroristic or violent material, (or anything we deem to be violent or terroristic), and share the methods with others.
  9. Collaborate with partner countries, no real concern of whether they support terrorism themselves, as do many Islamic countries.
  10. Mess with algorithms to ensure users not directed to “inappropriate content”.
  11. Regular public reporting, sounds great, except when Governments censor necessary information in the name of not offending anyone, as seen here.
  12. Support INDUSTRY STANDARDS? So the internet “will” be regulated globally.
  13. And all of this misses a VERY IMPORTANT point: what happens when content is shared in Country A, but rules in Country B would render it illegal? Does the content get pulled down because it is offensive to some other nation in the world?

All in all, this is pretty chilling.

Quotes From GlobalNews Article:

“The platforms are failing their users. And they’re failing our citizens. They have to step up in a major way to counter disinformation, and if they don’t, we will hold them to account and there will be meaningful financial consequences,” he said Thursday.

“It’s up to the platforms and governments to take their responsibility seriously and ensure that people are protected online. You don’t have to put the blame on people like Mark Zuckerberg or dismiss the benefits of social platforms to know that we can’t rely exclusively on companies to protect the public interest,” Trudeau continued.

He announced that Canada would be launching a digital charter, touching on principles including universal access and transparency and serving as a guide to craft new digital policy.

Speaking about Canada’s upcoming federal election, he said the government was taking steps to eliminate fake news and that a new task force had been created in order to identify threats to the election and prevent foreign interference.

$595M Bribe: Have You Forgotten?


A New Non-Refundable Tax Credit for Subscriptions to Canadian Digital News Media

To support Canadian digital news media organizations in achieving a more financially sustainable business model, the Government intends to introduce a new temporary, non-refundable 15-per-cent tax credit for qualifying subscribers of eligible digital news media.

In total, the proposed access to tax incentives for charitable giving, refundable tax credit for labour costs and non-refundable tax credit for subscriptions will cost the federal government an estimated $595 million over the next five years. Additional details on these measures will be provided in Budget 2019.

Not only will the Trudeau Government be cracking down on what it views as “fake news”, it will be subsidizing “friendly” or cooperative media. This is nothing short of propaganda. This is a government propping up dying media outlets financially. Of course, what will be expected in return? favourable coverage?

SECTION 2: FUNDAMENTAL FREEDOMS


To summarize so far, our government:
(1) Is a member of the UN, which wants to globally regulate the internet. This is referred to as “DIGITAL COOPERATION”. The same UN wants to globally ban criticism of Islam.
(2) Passes a “non-binding” motion, M-103, to ban Islamophobia.
(3) Passes Bill C-16, to ban criticism of their gender agenda, calling certain language to be hate speech.
(4) Signs the Global Migration Compact, which contains provisions (Objective 17(c)) to sensitise and regulate media.
(5) Announces plans to subsidize “certain” media, the 2018 economic update.
(6) Attends a convention, the Christchurch call, and signs the above resolution.
(7) Announces plans for a “digital charter”

Can Section 2 of the Charter — fundamental freedoms — protect us from this assault on free speech? Let’s hope so:

Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Most court cases have come down on the side of fundamental freedoms. If this digital charter comes to be, then certainly the 2 charters will collide.

DOING WHAT UN NEVER COULD?


The UN has for a long time tried to regulate our freedoms for the “global collective” or some other such nonsense.

But now, will we do this to ourselves? Will Western nations engage in their own freedom-suicide pact in order to provide the illusion of security from violent terrorists and extremists?

Western Liberals embrace global rule and regulation. So do “Conservatives”, and fake populists, who are basically globalists in disguise. It will be interesting to see how many will actually stand up for freedom instead of caving to pressure.

Meet the Controlled “Opposition” To Carbon Tax (Climate Change Scam #4)

(Originally featured in Maclean’s as “The Resistance”)

(Garnett Genuis, CPC MP, justifies Paris Accord)

(“Conservative” AB Premier Jason Kenney endorses Carbon tax)

(Ontario Court of Appeals, website, contains many great links and references)

(Maxime Bernier, in 2016, against tax)

IMPORTANT LINKS


CLICK HERE, for the Climate Change Scam Part I.
CLICK HERE, for Part II, the Paris Accord.
CLICK HERE, for Part III, Saskatchewan Appeals Court Reference.

CLICK HERE, for Reference at Ontario Court of Appeals.
CLICK HERE, for Saskatchewan COA ruling.
CLICK HERE, for Ontario COA Factum (arguments).
CLICK HERE, for BC Factum (Intervenor in Ontario).
CLICK HERE, for NB Factum (Intervenor in Ontario).
CLICK HERE, for Manitoba’s position on “climate change”.
CLICK HERE, for Jason Kenney (AB).
CLICK HERE, for Maxime Bernier (PPC).
CLICK HERE, for Bernier again.

CLICK HERE, for factum of Intergenerational Climate Committee.
CLICK HERE, for the Factum of Canadian Taxpayers Federation.
CLICK HERE, for United Conservative Association.

QUOTES FROM SK COA RULING

[4] The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.

[5] The Act seeks to ensure there is a minimum national price on GHG emissions in order to encourage their mitigation. Part 1 of the Act imposes a charge on GHG-producing fuels and combustible waste. Part 2 puts in place an output-based performance system for large industrial facilities. Such facilities are obliged to pay compensation if their GHG emissions exceed applicable limits. Significantly, the Act operates as no more than a backstop. It applies only those provinces or areas where the Governor in Council concludes GHG emissions are not priced at an appropriate level.

[6] The sole issue before the Court is whether Parliament has the constitutional authority to enact the Act. The issue is not whether GHG pricing should or should not be adopted or whether the Act is effective or fair. Those are questions to be answered by Parliament and by provincial legislatures, not by courts.

As was mentioned in the last segment, Saskatchewan “admits” that climate change is a real thing, and that emissions must be reduced drastically, in order to save the planet.

In other words, “Conservative” Premier Scott Moe fully endorsed the climate change scam. Rather, his sole argument against was that Ottawa should not intervene, and that Provinces should be left to their own devices. Specifically, Ottawa shouldn’t impose a carbon tax.

Moe is hardly alone in this. Indeed, the other “Resistance Members”

QUOTES FROM ONTARIO FACTUM

1. Greenhouse gases might pose the most difficult collective action problem the world has ever faced. The benefits of emissions are local, but the costs are global. When people burn fossil fuels in the production or consumption of goods and services, each jurisdiction – national or subnational – exports its greenhouse gases to every other. And they all import the consequences: for all practical purposes, without regard to the extent of their own part in creating the problem.

2. The prospect of uncontrolled climate change requires that we treat the capacity of the atmosphere to hold greenhouse gases like the scarce, valuable resource it is. If total temperature increases are to be kept to 1.5˚C or 2˚C above pre-industrial averages — or indeed to any target at all — the world must ultimately reduce net emissions to zero. The global stock of greenhouse gases that can permissibly be added in the meantime is finite and must somehow be allocated. Those allocations have an economic value that individuals, industries, sub-national jurisdictions and nation states can be expected to quarrel over.

8. Greenhouse gases are so characterized because their presence in the atmosphere tends to increase average global temperature by absorbing and re-emitting infrared radiation from the sun. Greenhouse gases mix in the global atmosphere, so that emissions anywhere raise concentrations everywhere. The most common greenhouse gas is carbon dioxide, which is a byproduct of burning fossil fuels for energy.

9. In a 2018 Special Report, the Intergovernmental Panel on Climate Change concluded that, in order to keep global warming to 1.5°C over pre-industrial levels, global emissions of carbon dioxide would need to fall to 45% of 2010 levels by 2030 and reach “net zero” (as much leaving the atmosphere as entering it) by 2050. Canada committed to pursue efforts to meet the 1.5°C target in the 2015 Paris Agreement.

Ontario, like Saskatchewan, does not bother questioning any of the findings. Both “Conservative” governments have no interest in getting to the truth of the scam, nor the many failed model predictions. Again, this only concerns whether Ottawa can mandate Carbon taxes on other provinces.

QUOTES FROM NB FACTUM

1. The Intervenor, Attorney General of New Brunswick (“New Brunswick”) agrees with the factum of the Attorney General of Ontario (“Ontario”) regarding the nature of this reference and agrees with Ontario’s conclusions in every respect. New Brunswick also agrees with the climate data submitted by the Attorney General of Canada (“Canada”). This reference should not be a forum for those who deny climate change; nor should it be a showcase about the risks posed by greenhouse gas emissions (“GHG emissions”). The supporting data is relevant only to the extent that it is meaningfully connected to the constitutional question at issue.

2. The foundational climate change data provided by Canada, generally intended to portray the anticipated impacts of climate change in Canada, as well as the many references to international accord and commitments, leave an unquestionable impression of Canada’s a deep resolve to see the nation’s environmental footprint diminished. New Brunswick does not take issue with Canada’s commitment or with the importance of the overall subject matter.

3. What New Brunswick disputes is the way in which the federal Parliament has apportioned its resolve to diminish GHG emissions by imposing “backstop legislation”.

New Brunswick very explicitly states that the reference is not for anyone who denies “climate change, or global warming (or whatever it identifies as). Instead, the only issue is whether the tax imposed by the Federal Government is constitutional.

QUOTES FROM BC FACTUM

1. Greenhouse gases might pose the most difficult collective action problem the world has ever faced. The benefits of emissions are local, but the costs are global. When people burn fossil fuels in the production or consumption of goods and services, each jurisdiction – national or subnational – exports its greenhouse gases to every other. And they all import the consequences: for all practical purposes, without regard to the extent of their own part in creating the problem.

2. The prospect of uncontrolled climate change requires that we treat the capacity of the atmosphere to hold greenhouse gases like the scarce, valuable resource it is. If total temperature increases are to be kept to 1.5˚C or 2˚C above pre-industrial averages — or indeed to any target at all — the world must ultimately reduce net emissions to zero. The global stock of greenhouse gases that can permissibly be added in the meantime is finite and must somehow be allocated. Those allocations have an economic value that individuals, industries, sub-national jurisdictions and nation states can be expected to quarrel over.

3. Under Canada’s Constitution, provinces have legislative authority to regulate or price emissions by individuals and businesses within their borders. In 2008, British Columbia enacted one of the first carbon pricing schemes. In the intervening decade, emissions were reduced compared to what they would have been, while the province enjoyed the highest economic growth in the country. But because greenhouse gases do not respect borders — while provincial legislation must — British Columbia’s actions will only counteract the negative effects of climate change on the property and civil rights of its residents if other jurisdictions follow suit

BC actually has a socialist government, which in this case is indistinguishable from self-identified “Conservative” governments.

QUOTES FROM MANITOBA

The Manitoba government will go to court over Ottawa’s imposition of a carbon tax.

Premier Brian Pallister revealed Wednesday his government will launch a legal challenge against the federal government, which imposed its new levy as promised on Manitoba, along with three other provinces, Monday.

“We’re going to court, sadly, to challenge the Ottawa carbon tax because Ottawa cannot impose a carbon tax on a province that has a credible greenhouse gas-reduction plan of its own, and we do,” he told reporters.

Manitoba’s Premier Pallister, who also self-identifies as a “Conservative”, doesn’t challenge the history of valid predictions or climate models. Instead, his position (like the others), is solely that Ottawa doesn’t have the authority to impose a Carbon tax on the Provinces.

QUOTES FROM ALBERTA

The fall federal election will be “an opportunity for Canadians to say that they don’t want busy-body politicians telling them how to live their lives and taking more money out of their pockets,” said Kenney, who was sworn in as Alberta’s premier on Tuesday.

Alberta is not currently subject to the federal carbon tax because it has its own pricing scheme set up by the former NDP government. Kenney has vowed to repeal that legislation and implement his own emissions reduction plan.

Again, no mention about the scam that is climate change. No mention of how wrong all these “experts” have been. Nothing about how Carbon Dioxide is used in photosynthesis.

QUOTES FROM CAN. TAXPAYER FEDERATION

1. The Canadian Taxpayers Federation [the CTF] is a federally incorporated, not-for-profit citizen’s group dedicated to advocating for lower taxes, less waste, and more accountable government. The CTF is participating in this reference based on its concern that the federal carbon tax is unlikely to achieve its stated objective and will, instead, just be a ‘tax’ on the taxpayers of Ontario, despite being imposed on the taxpayers of Ontario in a manner that is contrary to section 53 of the Constitution Act, 1867. Constitution Act, 1867, at s. 53.

2. The CTF intends to use its participation in this reference to advance the following two points. First, the federal carbon tax also meets the legal criteria for being designated as a ‘tax’. Second, the federal carbon tax does not comply with the constitutionally-enshrined principle of “no taxation without representation” and, thus, the federal carbon tax is unconstitutional, at least in its application in Ontario.

For a non-profit worried about wasted taxpayer money, the CTF misses the most important part: the climate change movement is a scam based on junk science. However, no where that (or any similar arguments), be made on its behalf.

QUOTES FROM UNITED CONS. ASSOCIATION

1. This Reference is a case about the division of powers between the federal and provincial governments and the proper balance of federalism in Canada. The United Conservative Association (“UCA”) agrees with the positions advanced by Ontario and submits that the Greenhouse Gas Pollution Pricing Act (the ”GGPPA”) is unconstitutional.

2. By attempting to justify the enactment of the GGPPA using the national concern branch of the peace, order, and good governance (“FOGG”) clause, Canada seeks to expand the federal government’s constitutional powers at the expense of the provinces.

3. Put simply, Canada is attempting to claim a new, exclusive power to regulate greenhouse gas (“GHG”) emissions throughout Canada.

Again, no mention of the junk science behind the climate change scam. The only issue is whether Ottawa has Constitutional power to impose such a tax.

AND THE “POPULIST” POSITION

A second reason is that provinces are already experimenting with various ways to reduce emissions. Some have a carbon tax, others have a cap-and-trade regime, still, others are focusing on carbon capture or direct regulation. Several also have programs to subsidize electric cars or renewable energy that only seem to waste money and drive up costs to businesses and consumers.

We’ll see over time what model is most effective in reducing emissions and least detrimental to the economy. But there is no reason for Ottawa to impose another layer of government intervention on an already complex and costly series of measures whose effectiveness has yet to be demonstrated.

A third reason is that the transition to other sources of energy is already taking place, as companies respond to consumer demand for more environment-friendly products. The federal government should help it along by reducing taxes, barriers to innovation and competition, and ineffective and costly regulation. This is a real market-based policy that Conservatives should support.

See SOURCE:

“Populist” Maxime Bernier refuses to call out the scam, and instead just calls Carbon pricing ineffective. Granted, this article is from August 2016. However, Bernier will not call a spade a spade. Just like in this 2016 tweet.

But since leaving the Conservative Party, Bernier is now willing to call out climate change propaganda.

Though, to be fair, Bernier is now openly saying that Carbon Dioxide is just plant food.

FINAL WORDS
Despite the shoddy pseudo-science behind “climate change” policies, none of the parties either in the Saskatchewan case, nor the upcoming Ontario case question it. Rather, these parties SOLELY object to the Carbon tax on the grounds that Provinces should be able to set their prices.

Controlled opposition, the whole lot.

Opinion: Why Pride is Obsolete

(We’re tolerant, except to police officers)

(Pride: lesbians v.s. transgenders)

(Brown and black added for “racial inclusion”)

Serious question: What is the ultimate goal of the LGBT movement?

  1. Achieving equality and acceptance in mainstream life
  2. Constantly viewing itself as a victim in need of protection
  3. Both (1) and (2)

We live in a country where gays and trans have full equality under the law, and have for many years.

So called “marriage equality” was settled in Canada back in 2005. That’s right, 14 years ago. There are also provisions in every Provincial human rights code to protect sexual orientation. And hate crime provisions have existed for many years in the Criminal Code.

We also live in a country where being trans is protected, and employers and schools are required to make accommodations. Bill C-16 seems to be both poorly written and overkill.

You would think all is great, but not so. Despite the very limited scientific knowledge on gender dysphoria, we are prohibited from questioning it, even in young children. Even in our children. Questioning if changing gender is possible will now net a hefty fine. Bake-my-cake-or-I’ll-sue is no longer just a punchline, at least in Colorado. And SOGI has creeped into elementary schools.

Note: The issues and concerns with how gender dysphoria is treated will be a topic for another post. Likewise with having young children transition.

The problem with advocacy groups is that they eventually run out of grievances to protest. And the need to celebrate a movement becomes less and less important.

If misgendering people, or suing over wedding cakes is the worst we have going on, then what genuine causes are left?

Answer: No serious causes.

Since LGBT people enjoy full rights, and equality under the law, why does this need to be flaunted in public every Spring/Summer? Isn’t the ultimate goal to live freely and without stigmatization as your true self? This is what activists don’t seem to realize.

And while a small march or parade seems harmless enough, some larger Prides are downright raunchy (Toronto is a specific example). Nudity and lewd behaviour do often happen, at sites where children are present. For the sake of readers, I’ll spare the details. What this does to promote equality is beyond me.

If LGBT people want to just go about their lives, nothing stops them. Legally, nothing can stop them, and the vast majority of people don’t care. Prides (and other such events) detract from this by bringing the issue up again and again, throwing it in the public’s face.

Yes, people had their rights violated in the past, but that ended decades ago. It doesn’t help to bring it up with people who had absolutely no involvement. It also doesn’t help when municipalities fund (all or in part) of these movements.

As an aside, LGBT activists often get triggered at the idea (often trolling) of a “straight pride”. Well, identity cuts both ways, doesn’t it?

Having equality is an important part of this nation, but your orientation or identity isn’t. It doesn’t need to be forced on the public. Rather, Canada should focus more on what built the nation, and what holds it together.

The question at the start seemed rhetorical, but is not. Activists want option (3).

Guys, you won. Go live your lives.

Saskatchewan COA, in 3-2 Ruling Allows Carbon Tax (Climate Change Scam #3)

(Court reference regarding Carbon tax in Saskatchewan)

(Saskatchewan Premier Scott Moe)

(Environment Minister Catherine McKenna)

IMPORTANT LINKS


CLICK HERE, for the Saskatchewan COA Reference.
CLICK HERE, for Saskatchewan Premier, Scott Moe.
CLICK HERE, for Environment Minister Catherine McKenna.
CLICK HERE, for the Climate Change Scam Part I.
CLICK HERE, for Part II, the Paris Accord.
CLICK HERE, for the Paris Accord itself.

CLICK HERE, for Bjorn Lomborg, Copenhagen Consensus Center. (0.05 degrees)
CLICK HERE, for fact-checking Paris Accord. (0.20 degrees)
CLICK HERE, for limited temperature raises form 2 degrees to 1.5 (0.50).
CLICK HERE, for some skepticism.
CLICK HERE, for the Climate Change 2014 Synthesis Report Summary for Policymakers [Climate Change 2014], used by Sask COA.
CLICK HERE, for the UN Conference on Climate Change (2015).

QUOTES FROM MAJORITY RULING

[4] The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.

Okay, to start this off, Saskatchewan Premier Scott Moe doesn’t actually “challenge” any of the climate change alarmist claims that society depends on it. He doesn’t challenge any of the pseudo-science or the history of failed climate models. His only argument is that a Carbon tax is ineffective.

If you were expecting Premier Moe to examine or look into any of the “scientific” claims, he is not the man to do it.

[5] The Act seeks to ensure there is a minimum national price on GHG emissions in order to encourage their mitigation. Part 1 of the Act imposes a charge on GHG-producing fuels and combustible waste. Part 2 puts in place an output-based performance system for large industrial facilities. Such facilities are obliged to pay compensation if their GHG emissions exceed applicable limits. Significantly, the Act operates as no more than a backstop. It applies only those provinces or areas where the Governor in Council concludes GHG emissions are not priced at an appropriate level.

[6] The sole issue before the Court is whether Parliament has the constitutional authority to enact the Act. The issue is not whether GHG pricing should or should not be adopted or whether the Act is effective or fair. Those are questions to be answered by Parliament and by provincial legislatures, not by courts.

So not only does the Saskatchewan Government accept that climate change is a threat to our existence, it doesn’t even ask the Court to consider if such a measure is fair or effective.

[16] ….(a) “Human influence on the climate system is clear, and recent anthropogenic emissions of greenhouse gases are the highest in history. Recent climate changes have had widespread impacts on human and natural systems” (at 2).

(b) “Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen” (at 2).

(c) “Anthropogenic greenhouse gas emissions have increased since the pre-industrial era, driven largely by economic and population growth, and are now higher than ever. This has led to atmospheric concentrations of carbon dioxide, methane and nitrous oxide that are unprecedented in at least the last 800,000 years. Their effects, together with those of other anthropogenic drivers, have been detected throughout the climate system and are extremely likely to have been the dominant cause of the observed warming since the mid-20th century” (emphasis in original, at 4).

(d) “Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions” (at 7).

(e) “Continued emission of greenhouse gases will cause further warming and long lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems. Limiting climate change would require substantial and sustained reductions in greenhouse gas emissions which, together with adaptation, can limit climate change risks” (at 8).

(f) “Surface temperature is projected to rise over the 21st century under all assessed emission scenarios. It is very likely that heat waves will occur more often and last longer, and that extreme precipitation events will become more intense and frequent in many regions. The ocean will continue to warm and acidify, and global mean sea level to rise” (emphasis in original, at 10).

(g) “Climate change will amplify existing risks and create new risks for natural and human systems. Risks are unevenly distributed and are generally greater for disadvantaged people and communities in countries at all levels of development”

(h) “Without additional mitigation efforts beyond those in place today, and even with adaptation, warming by the end of the 21st century will lead to high to very high risk of severe, widespread and irreversible impacts globally (high confidence). …” (emphasis in original, at 17).

None of these conclusions were challenged or put in issue by the participants in this Reference

Source for claims. Read through it. Despite all of the dire warnings inside, there is little to actually justify any of it.

To repeat: NONE of these “facts” are disputed by the Saskatchewan Government or Premier Moe. The Government doesn’t dispute that the IPCC claims to know what happened 800,000 years ago. It doesn’t challenge any of the predictions (and computer models are just predictions). Instead, the case will boil down to technical arguments as to whether the Feds have the jurisdiction to impose the Carbon tax.

Saskatchewan concedes all of the “factual” arguments around climate change, and instead tries to make narrow legal arguments against it being imposed.

In fact, watching Premier Moe’s speech after the ruling, it is clear he believes that the climate change scam is legitimate. Rather, he argues that the Federally mandated Carbon tax is just an ineffective means of dealing with it.

While on a technical level, Saskatchewan does make interesting arguments about jurisdiction. However, it’s difficult to justify not jumping onboard when you have agreed that climate change threatens humanity

[7] The Constitution Act, 1867 distributes legislative authority between Parliament and the provincial legislatures. Broadly speaking, a statute is valid if its essential character falls within a subject matter allocated to the legislative body that put the statute in place. Neither level of government has exclusive authority over the environment. As a result, Parliament can legislate in relation to issues such as GHGs so long as it stays within the four corners of its prescribed subject matters and the provinces can do the same so long as they stay within their prescribed areas of authority.

[8] The Attorney General of Saskatchewan [Saskatchewan] challenges the Act by submitting it imposes taxes in the constitutional sense of the term. This would normally be legally unobjectionable because Parliament enjoys a broad taxing authority. However, Saskatchewan contends the Act is invalid because the Governor in Council determines the provinces where it operates. This is said to offend the principle of federalism in that the application of the Act depends on whether a province has exercised its own jurisdiction in relation to pricing GHG emissions to a standard considered appropriate by the Governor in Council. Saskatchewan also says the Act runs afoul of s. 53 of the Constitution Act, 1867. Section 53 requires, in effect, that taxes be authorized by legislative bodies themselves, not by executive government or otherwise.

[9] Saskatchewan’s arguments on this front cannot be accepted. The principle of federalism is not a free-standing concept that can override an otherwise validly enacted law. Rather, it is a value to be taken into account when interpreting the Constitution. The s. 53 argument cannot be sustained either because, in constitutional terms, the levies imposed by the Act are regulatory charges, not taxes. In any event, even if they were taxes, the Act does not offend s. 53. Parliament has clearly and expressly authorized the Governor in Council to decide where the Act will apply.

The layman’s explanation is not that the science is sound (it isn’t) nor that such a tax is fair or appropriate. Again, the Court is only considering whether Ottawa stepped over its bounds by encroaching on a Provincial matter. The majority (a 3-2 decision), says no it does not.

[29] The federal government released a document entitled Pan-Canadian Approach to Pricing Carbon Pollution on October 3, 2016. The approach outlined in the document was grounded both on the proposition that economy-wide carbon pricing was the most efficient way to reduce GHG emissions and a recognition that several jurisdictions including British Columbia, Ontario and Québec had already introduced carbon pricing regimes. The approach proposed by the government involved a pan-Canadian “benchmark” for carbon pricing. The benchmark involved a requirement that pricing regimes apply to essentially the same emission sources as British Columbia’s carbon tax. The required stringency of the benchmark, for an explicit price-based system, was that carbon pricing should start at a minimum of $10 per tonne in 2018 and rise by $10 per year to $50 per tonne in 2022. The provinces with cap-and-trade systems would have to ensure that emission reduction targets were in line with Canada’s overall reduction target. As well, the federal government’s approach was stated to involve a “backstop”. This was the idea that the federal government would introduce an explicit price-based carbon pricing system in jurisdictions that did not meet the benchmark.

Again, the Provinces are all on board with the global warming scam, but Ottawa decided to enact a pricing scheme on Provinces that would not enact their own.

And from Saskatchewan’s own submissions:
[33]We wholeheartedly support efforts to reduce greenhouse gases. But those efforts must be effective and they must not disadvantage one region of Canada more than another. A federal carbon tax is ineffective and will impair Saskatchewan’s ability to respond to climate change.

Our opposition to the federal government’s carbon tax should not be seen as reluctance to act. Rather, it is a recognition that we must act, and act decisively, with all our economic strength. For Saskatchewan, mitigation is not enough. Our agriculture and resource-rich province must also focus on climate adaptation and resilience in order to be effective.

This reads like a dog-and-pony show. The Saskatchewan Government at every turn admitting that “climate change” is a dire threat to the world. The complaint seems to be wanting to implement its own solution.

Is Scott Moe just going through the motions?

[51] Saskatchewan advances two main lines of argument in seeking to have the Act found unconstitutional. The first is that the principle of federalism prevents Parliament from enacting a statute applicable in only some provinces because of how those provinces have chosen to exercise their legislative authority. Saskatchewan’s second argument is that the Act imposes a tax and, because it allows the Governor in Council to decide where it applies, the Act offends the requirement in s. 53 of the Constitution Act, 1867 that bills imposing taxes must originate in the House of Commons. Saskatchewan goes on to deny that, as contended by Canada, the Act can be sustained under Parliament’s authority under the national concern branch of POGG. It also denies, as suggested by some intervenors, that the Act, or features of it, can be supported under Parliament’s authority in relation to trade and commerce, emergencies, criminal law or treaties.

Argument 1: can’t treat the Provinces differently.
Argument 2: Tax bills must come from House of Commons.

Let’s address those both.

[60] It is useful to begin by underlining that, as Saskatchewan concedes, there is no recognized constitutional requirement that laws enacted by Parliament must apply uniformly from coast to coast to coast. To the contrary, a number of decisions have upheld federal laws with uneven geographic application.

[68] Saskatchewan has referred to no judicial authority which in any way directly supports the idea that the principle of federalism can or should independently render unconstitutional an otherwise valid law. Its argument on this front cannot succeed.

Several cases are then cited, in fact beating down Saskatchewan’s argument #1. That was one of 2 legal arguments, and Saskatchewan goes into Court without a single case to back up its claims. Now to get to argument #2.

[100] Saskatchewan does not challenge Parliament’s legislative authority to enact the Act under its s. 91(3) taxation power. Indeed, it takes the initiative in arguing that the levies imposed by the Act fall under s. 91(3). Saskatchewan’s real point lays one step down the road from this characterization of the Act. It takes issue with the authority of the Governor in Council to determine the provinces and areas to which the Act will apply. This authority is said to make the Act non-compliant with s. 53.

Saskatchewan admits the Federal Government has the power to impose taxes. Rather it takes issue with the Governor in Council determining where it will apply. But in all fairness, Ottawa “did” give all Provinces the chance to come up with their own taxation policies.

Argument #1: Claiming non-uniform treatment, yet admitting there is no requirement for uniform treatment. Also, not a single case to rely in.

Argument #2: Admitting Ottawa has constitutional power to impose taxes, but arguing over how it should apply.

Some pretty weak arguments.

Now, had Saskatchewan challenged the factual basis for the climate change scam, instead of relying on narrow, legal arguments, this may have ended quite differently.

Saskatchewan did also raise this issue of “Peace, Order and Good Governance”, but that was shot down as well

[210] The advisory opinion offered in response to the question posed by the Lieutenant Governor in Council is as follows: “The Greenhouse Gas Pollution Pricing Act is not unconstitutional either in whole or in part”.

QUOTES FROM MINORITY DISSENTING

[236] GHGs are gases that absorb and re-emit infrared radiation, the most prevalent of which is carbon dioxide [CO2]. GHGs are a significant contributor to climate change. For this reason, the parties and intervenors all agree that the governments of Canada and the Provinces must take steps to mitigate the anthropogenic emission of GHGs. Because none of the Attorneys General dispute the causative effect anthropogenic GHGs have on climate change or the attendant and existential necessity of mitigating anthropogenic GHG emissions, the proof or truth of these facts is not at issue. That is, they are proven and true.

[237] In policy terms, the Act is the product of the federal government’s efforts to meet Canada’s commitments under the Paris Agreement (AG-Can Record, Moffet Affidavit vol 2, Tab I). This is apparent from the terms of the March 3, 2016, Vancouver Declaration on Clean Growth and Climate Change (AG-SK Record, Tab 1 [Vancouver Declaration]), where First Ministers of Canada recognised the necessity of reducing anthropogenic GHG emissions and committed their respective governments to “[i]mplement GHG mitigation policies in support of meeting or exceeding Canada’s 2030 target of a 30% reduction below 2005 levels of emissions, including specific provincial and territorial targets and objectives”.

Even the dissenting Justices acknowledged that Saskatchewan admits the “climate change” issue is real.

[459] The Attorney General of Canada concedes the Act will cause prices of agricultural inputs to rise. Even though farmers are exempt from the fuel charge, the producers, manufacturers and retailers of farm inputs are not. Further, transportation companies that haul grain, livestock and inputs for farmers are not exempt from the fuel levy. In this way, the effect of the Act is to regulate local industries, businesses and consumer activity in a specific way chosen by the federal government, but the practical effect on a Province of the imposition of federal GHG emissions policy under the Act is a profound intrusion into the exclusive spheres of Provincial jurisdiction. As set forth earlier, the Government of Saskatchewan has indicated in the Saskatchewan Strategy that it believes the fuel levy imposed under the Act will actually impair its ability to react to and to address climate change.

[460] The Act is highly intrusive into provincial jurisdiction. Although less direct, it is only slightly less intrusive than the legislation considered in Anti-Inflation, where the federal government had sought to pervasively control wages and prices in the Provinces. Although the Supreme Court sustained that legislation under the emergency branch of POGG, it could not have sustained the legislation under the national concern branch.

[461] The Act is highly intrusive in another way. The benchmark, which determines its application in the Provinces, effectively establishes federal oversight of GHG emissions regulation by the Provinces within their spheres of exclusive jurisdiction. It is regulation of the regulator. To permit Parliament to exercise a law-making power of this nature in respect of GHGs would be to open up the use of POGG to allow regulatory oversight by the federal government over all manner of Provincial matters as it might unilaterally deem to have become matters of national concern.

[462] Of particular concern to us on the question of its impact are the provisions of the Act that make it possible for the executive branch of federal government to substantially alter the original form and effect of the Act. The provisions that permit statutory transmogrification are ss. 26, 166 to 168 and 197(1)(a). Furthermore, the pervasive use of the word prescribed in the Act confers further metamorphic power on the executive branch to alter the appearance, character and functionality of the Act. These provisions have been referred to earlier but are worth reviewing in this context. In that regard, s. 26, dealing with the fuel levy, allows the federal cabinet by prescribing certain things, to change to whom the fuel levy applies, under what conditions it applies, the manner of payment and the time of payment.

Some interesting points:
(a) Act effectively regulates local businesses.
(b) Act is highly intrusive into Provincial matters.
(c) Allows Federal regulation of Provincial matters.
(d) Feds can amend this unilaterally.

[468] In our view, the position taken by the Attorney General of Canada mirrors the scenario described above. The Act has broad effects and the potential to have even broader effect than its current terms, but these facts are ignored in the expediency of characterising the matter, whether in terms of cumulativeness or stringency, narrowly enough to qualify it as a matter of national concern. However, a court cannot ignore the fact that, by its very terms, the Act can be expanded in any way the federal cabinet determines is necessary or expedient.

[476] Before summarising our opinion, we would reiterate two points. First, we agree that all levels of government in Canada must take action to address climate change. The anthropogenic emission of GHGs is an issue of pressing concern to all Canadians and to the world. Second, Parliament has a number of constitutional powers, legislative means and administrative mechanisms at its disposal to achieve its objectives in this regard. This reference arises because Parliament chose not to avail itself of its established constitutional powers or to do so validly. Notwithstanding the existential threat of climate change, federalism in Canada means that all governments of Canada must bring all law-making power to bear on the issue of climate change, but in a way that respects the division of powers under the Constitution Act, 1867

Though some interesting legal arguments were raised, Saskatchewan plays along with the propaganda that climate change is an existential threat to humanity.

IV. OPINION
[477] Section 52 of the Constitution Act, 1982 states that the Constitution is the supreme law of Canada and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. We advise the Lieutenant Governor in Council that, for the foregoing reasons, in our opinion:

(a) Part 1 of the Act is invalid, being an unconstitutional delegation of Parliament’s law-making power under s. 91(3) of the Constitution Act, 1867 and being contrary to s. 53 of the Constitution Act, 1867.

(b) The Act cannot be sustained as a valid exercise of Parliament’s other enumerated law-making powers under s. 91 of the Constitution Act, 1867 nor can it be sustained under POGG

So, by a 3-2 margin, the Saskatchewan Court of Appeals rules that the Carbon tax can be legally imposed on Provinces.

ACTUAL CLIMATE CHANGE RESEARCH

Table 1. Impact of climate policies, optimistic and pessimistic,

for RCP8.5, using MAGICC, summary of finds described through-out the text
Change in temperature

°C year 2100 Pessimistic Optimistic
US INDC 0.008 0.031
US CPP 0.004 0.013
EU INDC 0.017 0.053
EU 2020 0.007 0.026
China INDC 0.014 0.048
RoW INDC 0.009 0.036
Global INDCs 0.048 0.170

See page 9 (Page 117 in index) for above table.
Source is here.

That’s right. Even the most optimistic climate models, would be a reduction of 0.170 degrees Celcius. Most pessimistic case would be 0.048 degrees Celcius. 0.048 to 0.170 degrees over the next century. Rather than getting nitpicky over jurisdiction, perhaps Scott Moe SHOULD have challenged the facts and evidence.

A Case For Tort Reform: Free-Speech “Grifters” Want $5M

(Peterson interview after suing)

(Peterson announcing lawsuit to follow Shepherd)

(Pedantic Shepherd, YouTube is beside the point)

(Shepherd sues, then complains about being sued)

IMPORTANT LINKS


CLICK HERE, for a prior review on Jordan Peterson.
CLICK HERE, for a prior review on Bill C-16 (gender identity)
CLICK HERE, for Louder With Crowder interview.
(See 49:00 and 50:20 for Peterson comments on OHRC policies)
CLICK HERE, for Peterson & Cathy Newman (cringe)
CLICK HERE, and HERE, for Peterson’s cognitive dissonance deplatforming Faith Goldy at free speech event.
CLICK HERE, for Shepherd’s site: identitygrifting.ca.
CLICK HERE, for Peterson announcing $1.5M lawsuit and Wilfrid Laurier University and 3 employees.
CLICK HERE, for Peterson interview on lawsuit (2:55)
CLICK HERE, for National Post article on WLU 3rd party defence.
CLICK HERE, for the Ontario Human Rights Code.
CLICK HERE, for Ontario Court forms index.
CLICK HERE, for Ontario Rules of Civil Procedure.
CLICK HERE, for Ontario Libel and Slander Act.
CLICK HERE, for Hill v. Church of Scientology, 1995.
CLICK HERE, for Ontario Bill 52, protecting expression in matters of public interest.

SOME BACKGROUND


The details of the Wilfrid Laurier University scandal (Lindsay Shepherd, the 3 staff members, and Jordan Peterson), is old news at this point. The article just focuses on the lawsuits brought against WLU and its staff by Peterson and Shepherd.

It is the opinion here that although the facts alleged are basically true, the claims are fraudulent. They are combined seeking 5 million dollars (Shepherd $3.6, Peterson $1.5M). This is an abuse of the court system, and a way to unjustly enrich themselves.

Keep in mind, Peterson’s only claim to damages was that the tape defamed him (comparing him to Hitler, and other comments). His critics were vilified by the media. He suffered no actual damage, other than being named in a tape that Shepherd released.

Shepherd claims that not only was this 42 minute meeting difficult (surely it was), but that she was never treated the same way again. She cites a few examples, but nothing that would lead a reasonable person to think this would be worth millions in damages. Shepherd claims to be unemployable in academia, but her new love for media probably helped that.

Did WLU staff act like d*****bags? YES
Were inappropriate things said? YES
Was a tape of this leaked to the media? YES
Does any of this amount to millions in damages? NO

TOTAL HYPOCRISY


During the Louder With Crowder interview, Peterson (at 50:20) criticizes the Ontario Human Rights Code for automatically making employers vicariously liable for things employees say. However, he has no issue with USING vicarious liability in order to name the University in his lawsuit.

Peterson claimed that it was libel for Rambukkana to compare him to Hitler, yet Peterson compares trans activists to Communists, who have caused the deaths of millions of people.

Peterson has come to fame claiming to be a free speech champion, but has no issue deplatforming speakers he doesn’t agree with. Faith Goldy is a particularly bad example.

Shepherd and Peterson both claim to be free speech champions, but then sue over words they don’t like.

KARMA IS A B****


In 2018, Shepherd launched a $3.6 million lawsuit against Wilfrid Laurier University and 3 of its staff (Nathan Rambukkana, Herbert Pimlott, and Adria Joel). Although the infamous meeting was cited, there were other problems occurring later which were cited in the statement of defense.

Jordan Peterson filed a $1.5 million lawsuit of his own, claiming that Laurier hadn’t learned its lesson. Peterson claimed that the infamous tape had damaged his reputation.

Regarding Peterson’s claim, the WLU filed a 3rd party claim (Form 29A). It stated that if Peterson actually had suffered damages, he should be suing Lindsay Shepherd, as she made the tape secretly and released it.

Shepherd was outraged. After filing a lawsuit against her university, she is shocked that they would use her as a defence in a related lawsuit. She brought this on herself.

WLU should consider Rule 2.1.01

Rule 2.1 General Powers to Stay or Dismiss if Vexatious, etc.

Stay, Dismissal of frivolous, vexatious, abusive Proceeding
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1

Although litigation tends to drag on a long time, something like this should be used. The litigation (particularly Peterson’s) is an abuse of process.

From the Ontario Libel & Slander Act:

Definitions
1 (1) In this Act,
“broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kinds, intended to be received by the public either directly or through the medium of relay stations, by means of,

(a) any form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or
(b) cables, wires, fibre-optic linkages or laser beams,
and “broadcast” has a corresponding meaning; (“radiodiffusion ou télédiffusion”, “radiodiffuser ou télédiffuser”)
“newspaper” means a paper containing public news, intelligence, or occurrences, or remarks or observations thereon, or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or numbers, at least twelve times a year. (“journal”) R.S.O. 1990, c. L.12, s. 1 (1).

Wilfrid Laurier and its 3 staff members did not do this. Shepherd did. She released the recording to the media, with the intent of making it widely distributed. So Rambukkana and Pimlott have a valid point. If Peterson did suffer damages, it was caused by Lindsay Shepherd.

Yes, Rambukkana and Pimlott were unprofessional for making the comments in the first place. However, it is clear they never meant to be recorded.

There is also some ambiguity as to the Statute of Limitations, whether it would be 3 months, or 2 years. If it is 3 months, then it has already lapsed.

SOME CANADIAN CASES


Here is Hill v Church of Scientology of Toronto (1995), which dropped “actual malice” as a requirement.

Here is Grant v Torstar (2009), which created an exception for responsible journalism.

Here is Crookes v Newton (2011), which ruled that linking, or hyperlinking stories does not count as publishing.

However, all of this may be irrelevant, since it was Shepherd who SECRETLY recorded the meeting, and then chose to publish it WITHOUT THE KNOWLEDGE OR CONSENT of the other parties.

ONTARIO’S BILL 52 (2015)


Not sure if this would be relied on in the proceedings, but in 2015, the Ontario Government passed Bill 52 on this subject. Interesting is section 137.1

Dismissal of proceeding that limits debate
Purposes
Rejet d’une instance limitant les débats
Objets
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

FINAL THOUGHTS


The topic of tort reform is a popular one in recent years, particularly in the United States. Putting a cap on maximum damages, or making it harder to collect on bogus claims is a goal worth pursuing.

Any google or online search of “tort reform” will lead to an almost endless number of matches.

This is not at all to say that a person should “never” go to civil court. If an employer doesn’t pay your wages, or your property is damaged, or bills are not paid, then litigation can be a very valid path. Admittedly, “reasonable” is very subjective. However, most people can agree that one must suffer actual damages to go to court.

However, Shepherd and Peterson have both laid million dollar lawsuits because people said mean things to them. (Shepherd’s claim cites more detail). And hypocritically, both think nothing of mocking their detractors.

These 2 are not the free speech champions they pretend to be. Rather, they support free speech when it is convenient to do so. They are “free-speech grifters”.

Hard to feel sorry for her anymore.

Some Thoughts on Canada-China Free Trade Deal

(China breaks the rules, oh well)

(Tucker Carlson: Social Costs to Communities Most Important)

IMPORTANT LINKS


CLICK HERE, for Canada’s trade deal consultations.
CLICK HERE, for archived link to Canada-China free trade.
CLICK HERE, for FAQ on Canada-China free trade deal.
CLICK HERE, for EPI study. Estimated 3.4M jobs lost from US to China 2001-2017.
CLICK HERE, for China’s currency manipulation.
CLICK HERE, for Stephen Harper supporting free trade with China.
CLICK HERE, for Justin Trudeau supporting free trade with China.
CLICK HERE, for Maxime Bernier endorsing free trade with China.
CLICK HERE, for NDP response to possible FTA.
CLICK HERE, for CATO Institute, Disciplining China.
CLICK HERE, for a CATO Institute brochure.

FROM THE ARCHIVED PAGES


There have been many concerns with dealing with China. To name just some of them:

  1. Human rights abuses
  2. No respect for intellectual property
  3. Preferential treatment
  4. Unsafe products entering Canada

To put is bluntly, the answers are not reassuring. They are the political-talk we have come to expect that avoids giving concrete answers.

Canada has robust regulatory requirements and strong enforcement action can be taken on unsafe products entering the country. Regardless of country of origin, if the Canadian government identifies products that do not meet regulatory requirements, enforcement action will be taken. Enforcement action can take a number of forms, including recall.

Canada’s Foreign Investment Promotion and Protection Agreement (FIPA) with China works to protect Canadian investments in China, and is among the most ambitious investment agreements China has ever ratified.

A possible FTA could include provisions that would help to mitigate the risk of IP infringements. We would like to hear from you on your experience with IP rights in the context of the Canada-China commercial relationship. Additionally, Canadian firms are encouraged to raise any IP problems they have in China or other overseas market with the Canadian Trade Commissioner Service.

This all sounds lovely, but to a critical person, this seems more like an attempt to emotionally soothe than to persuade with facts.

COULD THIS RESULT IN JOB LOSSES?


Looking at the Economic Policy Institute Study, shown here, from 2001 to 2017, the US lost 3.4 million jobs to China as a result of a growing trade deficit. China can produce much cheaper and in much higher numbers.

Both increased imports and technical products have done a number on the US job market, who simply cannot compete.

While this is an American study, it would be wise to use it as a cautionary tale for Canada as well.

CURRENCY MANIPULATION EXPLAINED


One unfair way to gain an advantage over a foreign competitor is to manipulate the currency. China has been doing this for a long time, and it leads to an economic advantage that few can match. The Forbes article explains it well.

First, a bit of background. The Chinese currency, called the renminbi, is what’s known as a policy currency. That means that unlike the U.S. dollar, which rises and falls in value in free market trading, the currency’s value against the dollar is set by the People’s Bank of China, an arm of the Chinese government.

While the PBOC has gradually tried to make the value of the renminbi more reflective of market forces, setting trading bands in which the renminbi is allowed to fluctuate every day, in the last analysis it is still under government control. Put another way, the value of the renminbi is manipulated by the government and always has been. It’s just that when Beijing was manipulating the value so that the renminbi appreciated against the dollar in the last few years, nobody in Washington complained.

When the Chinese Government manipulates its currency, it does so in order to artificially cheapen the costs of its products, and to gain an advantage over competitors.

In a “free market” world, this sort of thing should never be allowed.

CATO INSTITUTE HYPOCRISY


Note: CATO calls itself a public policy institute, dedicated to free trade, liberalization and free markets. It is based in the US. But its conflicting observations are disturbing. From their website, they post an article which contains these remarks:

The Trump administration believes that the international dispute settlement system of the World Trade Organization (WTO) offers no effective remedy for these practices, and prefers an approach that relies mostly on unilateral tariffs. The administration sees the issue as follows. China’s mercantilist state systematically discriminates against foreign products and foreign producers in China while forcing foreign companies to hand over their intellectual property (IP) as the price of access to China’s large and growing market. China engages in widespread cheating in its trade practices, including not only high tariffs, domestic content requirements, and other traditional forms of protectionism, but also rigged regulations that erect trade barriers by favoring Chinese companies and outright theft of foreign IP. And, Trump and his trade cohorts say repeatedly, there is virtually nothing the United States can do under current WTO rules to stop this predatory Chinese behavior.

Worth noting is that CATO doesn’t dispute the accuracy or factual basis of Donald Trump’s claims. They don’t dispute the one sided advantage that is posed here. However, there is an interesting brochure that CATO released:

Supporting China’s membership in the WTO in 2001 was not a mistake by the United States. All 163 other members of the WTO, including the United States, are much better off because China is inside the rules-based global trading system and has not been left outside it. China has made great strides since 2001 toward full compliance with the rules of the WTO trading system.

An organization which promotes liberalized trade is okay when one of its members blatantly acts against the rules and its principles. Okay.

MAIN CANADIAN PARTIES SUPPORT THIS


Despite all the problems outline above, it is:
SUPPORTED, by People’s Party.
SUPPORTED, by the Conservative Party.
SUPPORTED, by the Liberal Party

However, NDP acts as the voice of reason.

A potential free trade agreement raises many questions that are yet unanswered. China has no free press, torture is widespread, workers do not have a right to collective bargaining, and hundreds of human rights defenders and dissidents have been detained.

Environmental protections, labour standards, and human rights must be at the forefront of any trade and investment discussions, and any trade deal must support Canadian jobs, not just focus on selling Canadian resources to be processed abroad.

The Liberals have failed to take action to address steel dumping by Chinese companies which put Canadian businesses at a dangerous disadvantage. China also has a questionable record on currency manipulation and unfair trade practices, and does not have market economy status, which means it would be very difficult to have a level playing field in a free trade deal.

There are also concerns about protecting the intellectual property of Canadians and the behaviour of state-owned enterprises in China, including through the takeover of Canadian companies that work on sensitive technologies.
Before making a decision on whether to begin formal negotiations, the government needs to clearly address all these concerns, and consult with Canadians before rushing into a deal that is against their interests.”

What the hell? Why am I agreeing with the NDP on this? Since when did an openly socialist party become the voice of reason?

The again, a NATIONALIST approach would also conclude free trade with China is a bad idea.

NOT WORTH IT


Watch the video with Tucker Carlson, at the top of the article. He explains that it is a better way to ensure stability of communities and jobs than to look at a purely profit motive. Well worth a watch. While the talk relates to automating vehicles — and putting truck drivers out of work — the same rationale can be applied here.

While there may be some benefits to an agreement with China, there are simply too many social costs to Canada that need to be seriously looked at:

  • How many jobs will be lost?
  • What will happen to communities with major job losses?
  • What about environmental protection?
  • Would we be rewarding sweatshop conditions?
  • Can we protect people’s intellectual property?
  • Will we be undercut by currency manipulation?
  • Is getting cheaper products worth the social cost?

It’s not all about GDP, stock prices, or corporate profits. What will a free trade agreement with China do to Canada?

OUR PEOPLE COME FIRST.

Mass Migration Summit in Ottawa: May 8-9

IMPORTANT LINKS


CLICK HERE, for Conference Board main page.
CLICK HERE, to learn more about the summit.
CLICK HERE, for CBC promoting replacement migration.
CLICK HERE, for the 2018 UN Global Migration Compact.
CLICK HERE, for the 2016 New York Declaration.
CLICK HERE, for “replacement migration” conferences, going back to 1974.

SOME BACKGROUND

Canadian Immigration Summit 2019 will convene immigration leaders and practitioners from across Canada as they discuss and share insights on how to ensure a strong immigration system for Canada’s future.

Through both plenary and concurrent sessions, delegates from the public and private sectors will explore the most pressing immigration issues facing Canada today. Major stakeholders from government, business, immigration law and consulting, education, and immigrant-serving organizations will feature prominently in the Summit program and will share their expert views in support of a stronger immigration system.

The Summit will provide delegates with ample opportunities to network, find partners, access expert advice, and share their views.

Join us in Ottawa, May 8-9, 2019, to:

  • network with potential partners and collaborators
  • learn from leading international and Canadian experts about domestic and global immigration issues, best practices, and innovative solutions
  • gain unique insights from the latest immigration research and programs
  • access new tools and techniques that will allow you to help empower immigrants and better leverage their skills, talents and connections
  • shape recommendations to help guide the future of the immigration system

Just a hunch, but probably none of these speakers will advocate or call for “less immigration”. Indeed, the tone seems to be that migration is good, and we need more of it. There doesn’t seem to be aby balance in the issue at all.

SUMMIT OVERVIEW

Summit Overview
How can we plan for tomorrow, today?
The purpose of the 2019 Summit is to explore how Canada can respond proactively to emerging immigration issues in a rapidly changing world.

We tend to dwell on the past to tackle today’s challenges and anticipate the ones we will experience tomorrow. Moreover, we are often focused on the short-term, with too little of our time and energy devoted to thinking about how we can plan for the future. However, the world is not standing still, and Canada is no exception. Changes at home and abroad will disrupt Canada’s future immigration system in ways we cannot currently fathom. For example, how many of us five years ago imagined that a wave of populism would take the world by storm?

Populism is bad, apparently.
People “don’t” want to be replaced in their homelands? Racists.
“Now” they need to make long term plans?

Who is even surprised anymore?