Author: Ronnie

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Saskatchewan COA, in 3-2 Ruling Allows Carbon Tax

(Court reference regarding Carbon tax in Saskatchewan)

(Saskatchewan Premier Scott Moe)

(Environment Minister Catherine McKenna)

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 Dissent

[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.

Was The Challenge Designed To Fail?

The “Conservative” Government of Scott Moe doesn’t challenge the climate change agenda itself. None of them do. Instead, this is extremely narrow arguments over jurisdiction. And it’s about to get much worse, so stay tuned.

SK COA Ruling On Carbon Tax
http://archive.is/tNe2k
Saskatchewan Court Of Appeal Reference Question
SKCA Attorney General Of Canada
SKCA Attorney General Of Ontario
SKCA Attorney General Of New Brunswick
SKCA Attorney General Of British Columbia
SKCA Canadian Taxpayers Association
SKCA David Suzuki Foundation
SKCA International Emissions Trading Association
SKCA United Conservative Association

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 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).

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

(Peterson interview after suing)

(Peterson announcing lawsuit to follow Shepherd)

(Pedantic Shepherd, YouTube is beside the point)

(Shepherd sues, then complains about being sued)

Background Information

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

Complete 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 In All Of This?

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

Some Law On Frivilous Proceedings

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.

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

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
Objects
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 On This

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.

(1) Jordan Peterson On United Nations sustainable Development Agenda
(2) Bill C-16, Gender Identity Bill In Canada
(3) Louder With Crowder interview
(4) Peterson & Cathy Newman
(5) Faith Goldy Deplatformed
(6) Deplatforming Faith Goldy At “Free Speech” Event
(7) https://www.identitygrifting.ca/
(8) Peterson announcing $1.5M lawsuit and WLU University and 3 employees
(9) Peterson Interview On Lawsuit (2:55)
(10) National Post article on WLU 3rd Party Defence
(11) Ontario Human Rights Code
(12) Ontario Court forms index.
(13) Ontario Rules of Civil Procedure
(14) Ontario Libel and Slander Act
(15) Hill v. Church of Scientology, 1995
(16) Ontario Bill 52, protecting expression in matters of public interest

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Thoughts On Potential Canada-China Free Trade Deal

(Tucker Carlson: Social Costs to Communities Most Important)

1. Offshoring, Globalization, Free Trade

The other posts on outsourcing/offshoring are available here. It focuses on the hidden costs and trade offs society as a whole has to make. Contrary to what many politicians and figures in the media claim, there are always costs to these kinds of agreement. These include: (a) job losses; (b) wages being driven down; (c) undercutting of local companies; (d) legal action by foreign entities; (e) industries being outsourced; and (f) losses to communities when major employers leave. Don’t believe the lies that these agreements are overwhelmingly beneficial to all.

2. Important Links

(1) https://www.international.gc.ca/trade-agreements-accords-commerciaux/consultations/fta-ale.aspx?lang=eng
(2) https://www.international.gc.ca/trade-commerce/consultations/china-chine/index.aspx?lang=eng
(3) https://www.international.gc.ca/trade-commerce/consultations/china-chine/toolkit-outils.aspx?lang=eng
(4) https://www.epi.org/publication/the-china-toll-deepens-growth-in-the-bilateral-trade-deficit-between-2001-and-2017-cost-3-4-million-u-s-jobs-with-losses-in-every-state-and-congressional-district/
(5) https://www.forbes.com/sites/charleswallace1/2018/07/21/chinas-currency-manipulation-is-a-response-to-trumps-tariffs/#33295e9a663b
(6) https://www.thestar.com/news/canada/2012/02/11/harper_in_china_free_trade_agreement_with_china_in_canadas_sights.html
(7) https://www.theglobeandmail.com/business/article-trudeau-intends-to-work-toward-free-trade-deal-with-china-despite/
(8) https://www.maximebernier.com/canada_china_free_trade_speech
(9) https://www.ndp.ca/news/ndp-statement-pms-trade-trip-china
(10) https://www.cato.org/publications/policy-analysis/disciplining-chinas-trade-practices-wto-how-wto-complaints-can-help
(11) https://object.cato.org/sites/cato.org/files/pubs/pdf/pa856.pdf

3. From 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.

4. Major 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.

5. 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.

6. 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 <a href=”https://www.ndp.ca/news/ndp-statement-pms-trade-trip-china”” rel=”noopener” target=”_blank”>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 <a href=”https://www.nationalcitizensalliance.ca/NCA-trade-environment-policy-statement/”” rel=”noopener” target=”_blank”>NATIONALIST approach would also conclude free trade with China is a bad idea.

7. 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.

Posted on

Morgane Oger Further Weaponizes Human Rights Codes, $55K Ruling

(BC “Human Rights” Commission Ruling)

(Morgane Oger Foundation)

(Proposed “Hate Map” Across Canada)

1. Important Links

(1) https://www.canlii.org/en/bc/bchrt/doc/2019/2019bchrt58/2019bchrt58.pdf
(2) ttp://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01
(3) https://laws-lois.justice.gc.ca/eng/const/page-15.html
(4) https://canucklaw.ca/bill-c-16-adding-gender-identity-to-human-rights-code-and-criminal-code/
(5) https://canucklaw.ca/morgane-oger-foundation-wants-to-be-another-doxxing-site/
(6) https://canucklaw.ca/weaponizing-the-human-rights-codes-and-refugee-boards/

Some Thoughts

Our favourite “serial-victim” Morgane Oger, is in the news again, this time for getting a $55,000 award ($35K for hurt feelings, and $20K in punitive damages). This was William Whatcott for calling Oger “a man”. (Oger is transgender).

A few interesting observations in reading the ruling:

(1) Morgane Oger seems perfectly content silencing William Whatcott’s free speech and right to religious expression in the name of gender identity.

(2) The BC Tribunal deliberately and repeatedly skirted the truthfulness of Whatcott’s claim that Oger is biologically male. Hormones, surgery and legal paperwork don’t change biology.

(3) The BC Tribunal awarded $35,000 in damages without any damages being proven. How exactly does one prove “hurt feelings and dignity”?

3. BC Human Rights Code

Discrimination and intent
2
Discrimination in contravention of this Code does not require an intention to contravene this Code.

Section 2 makes it very clear: absolutely no intent is required on the part of anyone in order to be found to violate someone’s human rights. For a “quasi-judicial” board, this is very disturbing. However, it seems to be the case with all provinces.

Discriminatory publication
7 (1) A person must not publish, issue or display, or cause to be published, issued or displayed, any statement, publication, notice, sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or
(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of persons.
(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code.

Oger claims that the publications were contrary to Section 7(1)(a) and (b) of the code.

Evidence
27.2 (1) A member or panel may receive and accept on oath, by affidavit or otherwise, evidence and information that the member or panel considers necessary and appropriate, whether or not the evidence or information would be admissible in a court of law.
(2) Nothing is admissible in evidence before a member or panel that is inadmissible in a court because of a privilege under the law of evidence.
(3) Despite section 4, subsection (1) of this section does not override an Act expressly limiting the extent to which or purposes for which evidence may be admitted or used in any proceeding.
(4) A member or panel may direct that all or part of the evidence of a witness be heard in private.

(4) flies in the face of an open inquiry, and doesn’t set any guidelines as to “when” it would be appropriate.
One of the problems Whatcott cited was the Commission refusing to hear all the evidence.

Remedies
37 (1) If the member or panel designated to hear a complaint determines that the complaint is not justified, the member or panel must dismiss the complaint.
(2) If the member or panel determines that the complaint is justified, the member or panel
(a) must order the person that contravened this Code to cease the contravention and to refrain from committing the same or a similar contravention,
(b) may make a declaratory order that the conduct complained of, or similar conduct, is discrimination contrary to this Code,
(c) may order the person that contravened this Code to do one or both of the following:
(i) take steps, specified in the order, to ameliorate the effects of the discriminatory practice;
(ii) adopt and implement an employment equity program or other special program to ameliorate the conditions of disadvantaged individuals or groups if the evidence at the hearing indicates the person has engaged in a pattern or practice that contravenes this Code, and
(d) if the person discriminated against is a party to the complaint, or is an identifiable member of a group or class on behalf of which a complaint is filed, may order the person that contravened this Code to do one or more of the following:
(i) make available to the person discriminated against the right, opportunity or privilege that, in the opinion of the member or panel, the person was denied contrary to this Code;
(ii) compensate the person discriminated against for all, or a part the member or panel determines, of any wages or salary lost, or expenses incurred, by the contravention;
(iii) pay to the person discriminated against an amount that the member or panel considers appropriate to compensate that person for injury to dignity, feelings and self respect or to any of them.

In short, the BC Human Rights Code can award money if it rules that your feelings were hurt, or your dignity or self respect was hurt. No need to prove “actual” damages.

4. Section 2(b) Of Charter

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

5. From HRT Ruling

William Whatcott identifies himself as a Christian activist. When he learned of Ms. Oger’s candidacy, he resolved to stop her being elected. He was not a member of her riding, nor did he research her platform or the policies which she sought to advance. The sole basis for his campaign against her was that she is a transgender woman and therefore, in his view, unsuitable to hold public office. 

Very interesting choice of words. Whatcott “identifies” as a Christian activist, yet Oger “actually is” a woman.

Mr. Whatcott was not a resident in Ms. Oger’s riding. She came to his attention after he had decided there were no suitable political options within his own riding. He says that he had decided not to vote in the election at all, but then turned to prayer. He asked God how he could help in the election. He started researching the candidates across the province and, in this way, came across Ms. Oger. He learned that she had been active in lobbying for amendments to the Code to add the grounds of “gender identity and expression”, and in promoting education about sexual orientation and gender identity in schools. Most importantly, however, he was upset that the media and public at large were “pretending” that Ms. Oger was a woman. He fundamentally believes that gender is static and derived from the genitalia that a person has at birth. He believes that Ms. Oger is a man. He sees himself as the small boy in the fairy tale about the Emperor with no clothes the only one brave enough to speak the truth about Ms. Oger’s gender. He decided to focus his energies on her campaign. In doing so, he describes Ms. Oger herself as “incidental” and “small” within his larger fight for social order and freedom. 

The first part gets glossed over. Oger is trying help enact 2 policies that Whatcott is bothered by:
(A) Bill C-16, to add “gender identity” to the Criminal Code and Human Rights Code.
(B) Bringing SOGI (sexual orientation & gender identity) into schools and have it taught to young children.

In all fairness, “both” of the above issues rub a lot of people the wrong way.

[53] To the extent that s. 7 is unique, it is because it expressly and exclusively targets speech. Mr. Whatcott argues that, in doing so, it violates his Charter‐guaranteed rights to freedom of religion and expression ss. 2(a) and (b). In his final reply, he added an argument that it violates his right to life, liberty and security of the person, guaranteed by s. 7 of the Charter.  

[54]This Tribunal does not have jurisdiction to apply the Charter: Administrative Tribunals Act, s . 45; Code, s. 32(i). I cannot find s. 7 of the Code unconstitutional, or that any of Mr. Whatcott’s Charter rights have been violated in the course of Ms. Oger’s human rights  complaint against him.

 

[55]There is no question, however, that this complaint engages Charter protections. In these circumstances, I must interpret and apply the Code in a manner that proportionately balances its purposes with those protections. The framework for this analysis has been set out by the Supreme Court of Canada in three cases: Doré v. Québec (Tribunal des Professions), 2012 SCC 12 [Doré]; Loyola High School v. Quebec (Attorney General), 2015 SCC 12 [Loyola]; and Trinity  Western University v. Law Society of BC, 2018 SCC 32 [TWU]. 

While simultaneously claiming not to be able to apply the Charter, the Tribunal says it will balance the rights of the Charter v.s. the Code.

A. Factual context 
1. Discrimination against transgender people 
. This is a significant time for trans and gender diverse people. Their long fight for equality is bearing some fruit, as society begins to adjust its traditionally static and binary understanding of gender, and its tolerance for people to identify and express their gender authentically. One indicator of this progress is the 2016 amendment to the Code that added the grounds of gender identity and expression. 

[61] However, as this hearing made clear, the journey is far from over. Unlike other groups protected by the Code, transgender people often find their very existence the subject of public debate and condemnation. What flows from this existential denial is, naturally, a view that transpeople are less worthy of dignity, respect, and rights. In the hearing room for this complaint, we were witness to repeated, deliberate, and flagrant attacks on Ms. Oger based on nothing more than a belief that her very existence is an affront. 

(A) The Tribunal actually referred to this section as “factual context”, but then goes on to make a number of straw man arguments.
(B) It is not a fight for equality. That was never the issue.
(C)”Traditionally static and binary understanding of gender”? Actually, there has never been evidence that there are more than 2 genders. Simply passing a law does not erase science. A government could conceivably pass a law saying that dogs are cats, but it would not be based in reality.
(D) Gender identity and expression? Don’t these contradict reality? Merely expressing oneself or identifying oneself a certain way does not make it so.
(E) Questioning the reality of something not based on science is a hate crime now? Got it.

[62] And so, despite some gains, transgender people remain among the most marginalized in our society. Their lives are marked by “disadvantage, prejudice, stereotyping, and vulnerability”: F(C) v. Albert (Vital Statistics), 2014 ABQB 237 at para. 58; see also Rainbow  Committee of Terrace v. City of Terrace, 2002 BCHRT 26 at paras. 47-51. They are stereotyped as “diseased, confused, monsters and freaks”: Nixon v. Vancouver Rape Relief Society, 2002. 
BCHRT 1 at paras. 136137, overturned 2005 BCCA 601 (not on this point). Transpeople face barriers to employment and housing, inequitable access to health care and other vital public services, and heightened risks of targeted harassment and violence. The results include social isolation, as well as higher rates of substance use, poor mental health, suicide, and poverty: XY v. Ontario (Government and Consumer Services), 2012 HRTO 726 at paras. 164-166. For transgender children, antitrans bullying leads to higher rates of absenteeism and poorer educational outcomes, which then has ripple effects for their health and future prospects: Christophe Cornu (2016), “Preventing and addressing homophobic and transphobic bullying in  education; A human-rights based approach using the United Nations Convention on the Rights of the Child”, Journal of LGBT Youth, 13:1‐2, 6‐17 at pp 7‐8. 

(A) How are they marginalized? They have entire government bodies to fight specifically for their rights.
(B) Substance abuse, suicide, and mental health problems? Doesn’t that signify that there might be something seriously wrong with what they are doing?
(C) Children should not be transitioning. Period.

[64] Mr. Whatcott and the JCCF sought to rely on statistics about the poor health and social outcomes for transgender people as proof that – at best – the merits of being transgender was a matter for ongoing study and debate and – at worst –it was a bad lifestyle choice, whichought to be publicly discouraged. I agree with Ms. Oger that this is an illconceived attempt to “take the data about the consequences of being a victim of oppression, or the consequences of being marginalized, and turn that into the root cause of the issue”.  

[65] The poor health, economic, and social outcomes for many transgender people are not a signal of their inherent worth but rather of the significant degree to which they continue to face marginalization, stigma, and discrimination. They illustrate how much work remains to be done to make the Code’s objective of an equal society into a reality. 

(A) The Tribunal specifically states they will not consider statistical data. How very “scientific and reasoned” of them.
(B) Another straw-man argument. No one is saying these people are not worthy, but that there are very serious mental health issues that need to be addressed. Issues the tribunal has no interest in addressing.

[75] There is no dispute that a decision against Mr. Whatcott would limit his Charter right to freedom of religion. Ms. Oger concedes that Mr. Whatcott has a sincerely held religious belief that it is his duty to spread his views about transgender people: Syndicat Northcrest v. Amselem, 2004 SCC 47 at para. 65. This concession was appropriate. Mr. Whatcott identifies as Christian and describes himself as a “flawed Christian activist”. He says that his theology largely lines up with that of the Lutheran Church. The Supreme Court of Canada has recognized that Evangelical Christians, and I believe it is fair to count Mr. Whatcott as one, “carry their religious beliefs and values beyond their private lives and into their work, education, and politics”: TWU at para. 67. This is certainly true of Mr. Whatcott. For many years, he has manifested his religious beliefs through activism, beginning with antiabortion activism and then, in more recent years, in activism against the LGBTQ community. His beliefs about transgender people namely that they do not exist and are engaged in a falsehood  stem from his interpretation of the Christian Bible. He believes it is God’s will that he spread the Christian gospel and his views about the “morality” of being transgender. 

(A) Now we get to the heart of it. This would actually limit religious freedom.
(B) The Tribunal knows this, and will act against it anyway.

[77] There is similarly no dispute that a decision against Mr. Whatcott would limit his freedom to publicly express his views about transgender people generally, and Ms. Oger specifically. This engages his right to free expression. As I will discuss below, the scope of freedom of expression, and the significance of any possible infringement, varies according to the type of speech and the extent to which it furthers or detracts from the core values underlying the freedom. However, at this threshold stage, it is sufficient that the Flyer was a form of expression and that any decision restricting Mr. Whatcott’s right to distribute it publicly would limit his expressive rights to some extent. 

[78] With respect to Mr. Whatcott’s s. 7 Charter rights, I agree with the Attorney General that it would not be fair to consider that argument, which was raised for the first time in Mr. Whatcott’s final reply, after the hearing of this complaint had concluded. Regardless, the argument has no merit. A decision by this Tribunal would not restrict Mr. Whatcott’s life, liberty, or security of the person. The remedial jurisdiction conferred by s. 37 of the Code is in no way equivalent to penal consequences. It does not threaten Mr. Whatcott’s life or liberty. While I accept that individuals found to violate the Code may encounter, as a consequence, a degree of stigma and social disapproval, such consequences do not rise to a level of “serious  state imposed psychological stress

(A) No threat to his security? Try not paying the fine and see what happens.
(B) You also say the Commission “will” order the so-called bad behaviour to stop. And if it doesn’t, you’ll fine him again.
(C) Who cares if this is the first time the argument has been brought up?

Now a quote from the Supreme Court of Canada:

First and foremost, free expression is essential to the proper functioning of democratic governance. As Rand J. put it, “government by the free public opinion of an open society . . . demands the condition of a virtually unobstructed access to and diffusion of ideas”: Switzman, at p. 306. 
.
  Second, the free exchange of ideas is an “essential precondition of the  search for truth”: R. v. Keegstra, [1990] 3 S.C.R. 697, at p. 803, per  McLachlin J. This rationale, sometimes known as the “marketplace of ideas”, extends beyond the political domain to any areaof debate where truth is sought through the exchange of information and ideas. Information is disseminated and propositions debated. In the course of debate, misconceptions and errors are exposed. What withstands testing  emerges as truth. 
.
  Third, free expression has intrinsic value as an aspect of self‐realization for both speakers and listeners. As the majority observed in Irwin Toy, at p. 976, “the diversity in forms of individual selffulfillment and human flourishing ought to be cultivated in an essentially tolerant, indeed welcoming, environment not only for the sake of those who convey a meaning, uut also for the sake of those to whom it is conveyed”.  Grant v. Torstar Corp., 2009 SCC 61 at paras. 4750; see also R v. Keegstra,  [1990] 3 SCR 697 [Keegstra], at paras. 87‐89; 

This is quite laughable, as the Tribunal has no interest in the factual basis of Whatcott’s claim (that Oger is male), nor in the statistical research and evidence regarding transgenders in general.

[119] I reject this proposition in the strongest possible terms. The question of whether transgender people exist and are entitled to dignity in this province is as valuable to ongoing public debate as whether one race is superior to another. This does not mean that all expression that criticizes or questions the existence of transgender people violates the Code. Here I distinguish between public debate about, for example, the scope of rights that different groups in society may be afforded, and commentary like that which is in the Flyer, which denies the very existence of transpeople. Understood in its proper context, it is simply not accurate to place this type of expression at the core of s. 2(b) values. 

(A) False equivalence. The reality of transitioning is not the same thing as racial supremacy.
(B) False equivalence. Questioning whether trans-people exist is not the same thing as saying a person should not have dignity.
(C) The flyer is inappropriate, but once again the Tribunal dodges the issue of “truth”.

[125] This argument confuses distinctions with discrimination. Efforts to increase the participation and representation of groups which have historically been excluded from political life serve the goals of achieving substantive equality and enriching Canada’s democracy. But to advocate against including those groups in politics is not the same thing as arguing for their deliberate inclusion. The law has long understood that identical treatment of groups is often the very source of serious inequality: Kapp at para. 27, citing Andrews. Put another way, “different treatment in the service of equity for disadvantaged groups is an expression of [substantive] equality, not an exception to it”: P. W. Hogg, Constitutional Law of Canada (5th ed. Supp. 2007), vol. 2, at p. 5553; cited with approval in Kapp at para. 37. It is simply not reasonable to equate efforts to increase the representation of disadvantaged groups in government with those which would seek to continue to exclude them. While I acknowledge that individual voters may choose to discriminate within the privacy of a ballot box, it does not further Canada’s democracy to suggest that a person’s connection with a historically disadvantaged group is a legitimate point on which to openly campaign against them. 

To summarize this word salad: ACTUAL equal treatment of people can be wrong, since it doesn’t take “historical marginalization” into account. Hence the idea of 15(2) of the Charter (affirmative action). This is essentially different rules for different groups in order to “increase representation”.

The decision is long one (100 pages), but this covers the main points. The Tribunal also goes on at length about Whatcott refusing to refer to Oger as “she” despite being repeatedly told not to.

While Whatcott comes off as a bit of a jerk, it is hard to come up with much sympathy for Oger, who is essentially a professional victim. The proposed “hate map” is essentially a doxing tool for opinions that they don’t agree with.

It is also disturbing to see the Tribunal so uninterested in fact or truth. Legitimate concerns about whether a person can transition are deemed hate speech. Further, the tribunal doesn’t care for evidence presented regarding statistics of trans-people. If anything, it is deemed as more of a reason to grant special status.

Whatcott “identifies” as a Christian activist, yet Oger “really is” a woman. The Tribunal is inconsistent in their own standards.

And as seems to be the case in all provinces, the “human rights” code stipulates that no intent is necessary for a finding against a person or group.

Will there be an appeal (in the form of an application for judicial review)? We will find out. But this sets a very bad precedent.

Posted on

Canadian Gov’t Purges “Sunni” & “Shia” From 2019 Terrorism Report (& Bill C-59)

(From the Global News article)

(From the Government Report on terrorism)

1. Important Links

(1) https://globalnews.ca/news/5230488/government-removes-sunni-shia-from-terrorism-threat-report/
(2) https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/pblc-rprt-trrrsm-thrt-cnd-2018/index-en.aspx
(3) https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=9057418

2. View The Disclaimer

April 29, 2019 Update
As per the Minister of Public Safety’s statement on the 2018 Public Report on the Terrorist Threat to Canada, a review of the language used to describe extremism has been undertaken and is ongoing. The Government’s communication of threats must be clear, concise, and cannot be perceived as maligning any groups. As we continue this review, it is apparent that in outlining a threat, it must be clearly linked to an ideology rather than a community. The Government will carefully select terminology that focuses on the intent or ideology. As a first step, the Government has updated terminology used in the 2018 report to eliminate terminology that unintentionally impugns an entire religion. Going forward, the Government of Canada is committed to applying a bias-free approach to the terminology used to describe any threats inspired by ideology or groups.

You can’t make this up. The Feds have purged references to “Sunni” or “Shia” or Islam in general to avoid offending anyone. And let’s be clear, when Goodale talks about “impugning and entire religion”, he is talking about Islam. It’s not Buddhists or Pastafarians committing terrorism everywhere.

3. Table Of Contents

Ministerial Foreword
Executive Summary

  • Part 1: The Current Terrorist Threat Environment
  • The Current Terrorist Threat to Canada
  • Canadian Extremist Travellers

The International Threat Environment
Europe
The Middle East and South/South-East Asia
Africa

Part 2: Threat Methods and Capabilities Observed Globally in 2018

  • Low-Sophistication Tactics, High Impacts
  • Threats to Transportation Infrastructure
  • Chemical and Biological Weapons
  • Terrorist Financing
  • Terrorist Use of the Internet and Cyber Capabilities

Part 3: Canada’s Approach to Countering Terrorism

  • Managing Canadian Extremist Travellers
  • Arrests and Prosecutions in Canada for Committing Terrorism Offences
  • Bill C-59 – An Act Respecting National Security matters & Bill C-21 – An Act to Amend the Customs Act
  • Enhanced Passenger Protection Program
  • Immigration Security Screening
  • The Listing of Terrorist Entities
  • Countering Radicalization to Violence
  • Addressing Online Threats
  • Canada’s International Partnerships and Cooperation

Conclusion

4. Ministerial Foreword

Ministerial Foreword
I am pleased to provide the annual update on the threat to Canada from terrorism and violent extremism – part of our commitment to being open and transparent through a balanced and frank assessment of the current threat environment.
In many ways, this year’s threat update is similar to those of the recent past. The threat posed by those espousing violent interpretations of religious, ideological or political views persists, but has remained stable. The National Terrorism Threat Level – a broad indicator of the terrorist threat to Canada – remains at Medium, unchanged since 2014.
.
Canada is known internationally as a welcoming and peaceful nation. But we are also resolute in our determination to reject and combat violent extremism in all forms. Put simply, violence and threats of violence have no place in Canadian society. Stopping and eradicating this is a top priority of the Government.
.
Conflicts and the evolving global security environment continue to shape the nature of the terrorist threat to Canada. Those in Canada who are inspired by conflicts abroad may seek to carry out an attack here. Despite the ongoing erosion of Daesh, we have not seen an increase in the number of Canadian Extremist Travellers (CETs) attempting to return. Our top priority in managing CETs also remains the same – to bring them to justice using all resources at our disposal. Canadians expect their Government to keep them safe and to keep pace with evolving threats, tactics and global trends. Our security, intelligence, law enforcement, border and armed forces – to name a few – work around the clock in this regard. They consistently monitor all threats and review their approaches for how best to deal with them. This includes working closely with our friends and allies.
.
The global nature of terrorist and extremist threats necessitates close cooperation with international partners. Our partnerships are stronger than ever, including with NATO, the Five Eyes community, G7, the European Union, INTERPOL and others. We remain committed to being a collaborative force of good in the world and recognize that this can only be achieved by working together and leveraging our strengths.
.
Domestically, we also continue to build on our multi-layered approach to security. Bill C-59 (An Act Respecting National Security Matters) shaped by public views and concerns on how we as a country approach national security issues, is now closer to final Parliamentary approval and implementation. It brings with it an unprecedented era of transparency and openness and a clear signal of the importance that our departments and agencies have the most up to date mandates, tools and resources at their disposal.
.
Despite everyone’s best efforts, there will be times when our collective security is challenged. There will be competing public views on what we as a nation should do. We will continue to take a measured but firm approach – a collaborative approach that unites our strengths – both as a government and as a nation.

A few points in this introduction:
(1) Goodale refers to “violent interpretation” of ideology or religion, while avoiding the elephant in the room: that religions — like Islam — are violent by nature.

(2) Goodale seems content to “bring to justice” terrorists who commit crimes abroad, but doesn’t seem too focused on preventing their re-entry in the first place.

(3) Goodale talks about a “force for good”, as if preventing terrorism were some sort of moralistic issue.

5. Quotes From Executive Summary

Executive Summary
Canada’s terrorist threat environment remains stable. The principal terrorist threat to Canada continues to stem from individuals or groups who are inspired by violent ideologies and terrorist groups, such as Daesh or al-Qaida (AQ). Canada also remains concerned about threats posed by those who harbour right-wing extremist views. The April 2018 van attack in Toronto is a reminder that violent acts driven by extremists’ views are not exclusively-linked to any particular religious, political or cultural ideology. Furthermore, groups, such as Hizballah, and extremists who support violent means to establish an independent state within India also remain of concern because while their attacks in Canada have been extremely limited, some Canadians continue to support these extremist groups, including through financing. At the time of publication, Canada’s National Terrorism Threat Level remains at medium, as set in early October 2014 – meaning a violent act of terrorism could occur.
.
Though Daesh territorial holdings in the Syria-Iraq conflict zone continue to decline, Canada has not seen a related influx in the number of Canadian Extremist Travellers (CETs) who have returned to Canada, nor does it expect to. Owing to several factors (such as a lack of valid travel documents, denying boarding to aircraft destined for Canada, potential fear of arrest upon return, their continued commitment to Daesh or other groups, having been captured while in Syria and Iraq, or because they have died), CET numbers abroad remain stable at approximately 190 individuals with a nexus to Canada, and close to 60 who have returned.
.
In an effort to project strength and influence to counter its decreasing support and size, Daesh is resorting more frequently to false claims of responsibility for acts of violence, including in Canada. In June 2018, after Faisal Hussain fired on the busy Toronto neighbourhood of Danforth, Daesh quickly claimed responsibility, despite the total absence of any link between the attack and that group or any other terrorist group.
.
While globally, terrorist attacks have seen a decline, particularly in the West, ungoverned and permissive environments continue to allow terrorist groups to regroup or develop capabilities. Al-Qaida, Daesh and their affiliates continue to conduct attacks in the Middle East, South-East Asia, South Asia (Afghanistan) and North and West Africa. The Taliban continues to challenge the authority of the Afghanistan government through terrorist acts, while other groups, such as Jamaat Nusrat al-Islam wal-Muslimeen (JNIM), Ansurul Islam, and al-Shabaab remain active in Africa.

6. Other Points To Address

  1. Mentioning the April 2018 van attack seems like going out of the way to say that it’s not only Islam, that anyone can be a terrorist.
  2. And denying the link between Faisal Hussain and Daesh seems an opportunity to make the claim that Islam is (wrongly) getting blamed for everything. But beyond that
  3. All other mentions are Islamic
  • Hizballah is Islamic.
  • Daesh is Islamic.
  • Faisal Hussain is Islamic.
  • “Canadian Extremist Travellers” are Islamic.
  • Al Qaida is Islamic.
  • The Taliban is Islamic.
  • Jamaat Nurat al-Islam wal-Muslimeen is Islamic.
  • Ansurul Islam is Islamic.
  • al-Shabaab is Islamic.

These are all Muslims (except for 1 guy in a van in Toronto).

7. Exerps From Report

The Canadian Charter of Rights and Freedoms guarantees the right to protest, as well as the rights of freedom of conscience and religion, expression, association and peaceful assembly. It is the evolution from hate to serious acts of politically-motivated violence with the intention of intimidating the public, or a segment of the public, in regard to its sense of security, that could be considered a terrorism offence

This should be common sense. However, in context it seems designed to deliberately not draw any link between Islam and terrorism.

Although the majority of recent global terrorist attacks can be attributed to individuals inspired by terrorist groups such as Daesh and AQ, other recent events around the world are bringing attention to the threat of violence from individuals who harbour right-wing extremist views.
.
Right-wing extremism (RWE) is traditionally driven by hatred and fear, and includes a range of individuals, groups, often in online communities, that back a wide range of issues and grievances, including, but not limited to: anti-government and anti-law enforcement sentiment, advocacy of white nationalism and racial separation, anti-Semitism and Islamophobia, anti-immigration, male supremacy (misogyny) and homophobia. The threat of violence from any individuals, including those holding extreme right-wing views, may manifest in terrorist activity or other forms of criminal violence. However, while racism, bigotry, and misogyny may undermine the fabric of Canadian society, ultimately they do not usually result in criminal behavior or threats to national security.
.
In Canada, individuals who hold extreme right-wing views are active online, leveraging chat forums and online networks to exchange ideas, as opposed to openly promoting violence. These individuals leverage online chats and forums in attempt to create an online culture of fear, hatred and mistrust by exploiting real or imagined concerns.
.
Traditionally, in Canada, violence linked to the far-right has been sporadic and opportunistic. However, attacks perpetrated by individuals who hold extreme right-wing views and other lesser-known forms of ideological extremism can occur. A recent example is the April 2018 van attack in Toronto, Ontario, which resulted in the deaths of 10 people and alerted Canada to the dangers of the online Incel movement. It may be difficult to assess, in the short term, to what extent a specific act was ideologically-driven, or comment while investigations are ongoing or cases are before the court.

Interesting. The report (correctly) states the vast majority of terrorism is related to ideologies such as Daesh and Al-Qaida. It then goes on to blame “right wing extremists”. However, the only example cited here (or in the executive summary was the van attack in April 2018.

That one event seems to be as bad as all the Islamic terrorism elsewhere.

Right-wing extremism is not unique to Canada. In fact, some European RWE groups have established chapters in Canada. Likewise, some Canadian RWE groups have far-right connections in Europe.

This disingenuously conflates unrelated groups. This lumps in: those sick of mass migration and illegal immigration; those sick of globalism; and those sick of forced multiculturalism, with actual terrorist organizations.

Furthermore, some individuals in Canada continue to support violent means to establish an independent state within India. These violent activities have fallen since their height during the 1982-1993 period when individuals and groups conducted numerous terrorist attacks. The 1985 Air India bombing, which killed 331 people, remains the deadliest terrorist plot ever launched in Canada. While attacks around the world in support of this movement have declined, support for the extreme ideologies of such groups remains. For example, in Canada, two organizations, Babbar Khalsa International and the International Sikh Youth Federation, have been identified as being associated with terrorism and remain listed terrorist entities under the Criminal Code

.

Credit where credit is due. At least Sikh terrorism is being called out as well.

8. Canadian Extremist Travellers

The first objective in dealing with returning extremist travellers is to investigate and mitigate the threat they may pose to Canada and to Canadians and to ensure public safety. If there is sufficient evidence, the Government of Canada will pursue charges, and prosecute them to the full extent of the law. Criminal prosecution is the top priority and the preferred course of action. If there is insufficient evidence for a charge, the Royal Canadian Mounted Police (RCMP) and its law enforcement, security and intelligence partners will continue their investigation, while other tools are leveraged to manage and contain the threat. These tools include: using a terrorism peace bond to seek to have the court place conditions on the individual (including electronic monitoring); active physical surveillance; using the Secure Air Travel Act to prevent further travel; additional border screening; and/or cancelling, refusing or revoking passports. In certain circumstances, the Canadian Security Intelligence Service (CSIS) may also employ threat reduction measures to reduce the threat posed by a returnee.
.
Canada’s law enforcement, security and intelligence, and defence departments and agencies continue to monitor and respond to the threat of Canadian extremist travellers through a coordinated, whole-of-government approach. When the Government learns that a CET may be seeking to return, federal departments and agencies come together to tailor an approach to address the threat he/she may pose. Key departments and agencies, including Public Safety Canada, Global Affairs Canada (GAC), the RCMP, CSIS, the Integrated Terrorism Assessment Centre (ITAC), the Department of National Defence and the Canadian Armed Forces (DND/CAF), Canada Border Services Agency (CBSA), Immigration, Refugee and Citizenship Canada (IRCC), Transport Canada (TC) and the Privy Council Office (PCO) work together to assess risks, develop options and manage the return of CETs. The whole-of-government approach enables the collective identification of measures needed to deal with the threat.

Some thoughts:

(1) The safety of the Canadian public seems to be taking a backseat.

(2) Safety measures? How about not letting them back into the country in the first place?

(3) Among those measures: why is “INCARCERATION” not listed?

(4) Prosecution is the preferred method? No, we don’t want them back here, period.

9. Bill C-59 And Young Offenders

A particularly troubling section of Bill C-59, new protections for “Young Offenders”. Is the Government expecting youth to commit or be involved in terrorism? What about adults “identifying” as youth?

Youth Criminal Justice Act

159 Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:

Orders

(2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.‍3 (recognizance — terrorist activity), 810 (recognizance —fear of injury or damage), 810.‍01 (recognizance — fear of certain offences), 810.‍011 (recognizance — fear of terrorism offence), 810.‍02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.‍2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)‍(n) (custody and supervision order), it shall not exceed 30 days.

160 Subsection 20(2) of the Act is replaced by the following:

Orders under section 810 of Criminal Code

(2) Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.

161 (1) Paragraph 25(3)‍(a) of the Act is replaced by the following:

(a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody,
(a.‍1) at a hearing held in relation to an order referred to in subsection 14(2) or 20(2),

(2) The portion of subsection 25(6) of the Act before paragraph (a) is replaced by the following:

Release hearing before justice

(6) When a young person, at a hearing referred to in paragraph (3)‍(a) or (a.‍1) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall

162 The heading before section 28 of the Act is replaced by the following:

Detention and Release

163 Subsection 29(1) of the Act is replaced by the following:

Detention as social measure prohibited

29 (1) A youth justice court judge or a justice shall not detain a young person in custody as a substitute for appropriate child protection, mental health or other social measures.

164 Subsection 30(1) of the Act is replaced by the following:

Designated place of temporary detention

30 (1) Subject to subsection (7), a young person who is detained in custody in relation to any proceedings against the young person shall be detained in a safe, fair and humane manner in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated.

165 The heading before section 33 of the Act is replaced by the following:

Application for Release from or Detention in Custody

166 (1) Paragraph 67(1)‍(c) of the Act is replaced by the following:

(c) the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

(2) Paragraph 67(3)‍(c) of the Act is replaced by the following:

(c) the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

167 (1) Subsection 119(1) of the Act is amended by adding the following after paragraph (p):

(p.‍1) an employee of a department or agency of the Government of Canada, for the purpose of administering the Canadian Passport Order;

(2) Subsection 119(2) of the Act is amended by adding the following after paragraph (d):

(d.‍1) if an order referred to in subsection 14(2) or 20(2) is made against a young person, the period ending six months after the expiry of the order;

10. last Comments

Despite the overwhelming majority of terrorism being committed by Muslims, in the name of Islam, the Canadian Government tries to downplay that. Actual group names like “Sunni” and “Shia” are stripped from the report, so to not offend anyone.

This gesture of political correctness supposedly is to “not vilify” entire groups. However, it overlooks the elephant in the room, that Islam is directly responsible for most of the terrorism in today’s world. This does no one any good, trying to shade the truth in order to hide the root cause of the majority of terrorism.

It is also clear the Government puts more of a focus on protecting the rights and freedoms of terrorists returning from abroad that it does in protecting Canadians. This must stop.

Posted on

“Temporary” Foreign Worker Program, & Other Migration

(Source: Globe and Mail)

(Source: Globe and Mail, 2012)

Disclaimer: When this piece was originally written, the number of 150,000 student visas was used. This was based on an error in reading the 2018 report. Canada actually admitted some 317,000 students in 2017. While not all will stay, most will want to and try to after graduating.

1. Mass LEGAL Immigration In Canada

Despite what many think, LEGAL immigration into Canada is actually a much larger threat than illegal aliens, given the true scale of the replacement that is happening. What was founded as a European (British) colony is becoming unrecognizable due to forced demographic changes. There are also social, economic, environmental and voting changes to consider. See this Canadian series, and the UN programs for more detail. Politicians, the media, and so-called “experts” have no interest in coming clean on this.

CLICK HERE, for UN Genocide Prevention/Punishment Convention.
CLICK HERE, for Barcelona Declaration & Kalergi Plan.
CLICK HERE, for UN Kalergi Plan (population replacement).
CLICK HERE, for UN replacement efforts since 1974.
CLICK HERE, for tracing steps of UN replacement agenda.

Note: If there are errors in calculating the totals, please speak up. Information is of no use to the public if it isn’t accurate.

2. Important Links

(1) http://www.pbo-dpb.gc.ca/web/default/files/files/files/TFW_EN.pdf
(2) http://archive.is/PpLay
(3) “https://www.oecd.org/migration/forum-migration-statistics/3.Feng-Hou.pdf
(4) http://archive.is/jdJCG
(5) https://www150.statcan.gc.ca/n1/daily-quotidien/180129/dq180129b-eng.htm
(6) http://archive.is/wip/ei9Dz
(7) https://lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/201479E#a2
(8) http://archive.is/bCntt
(9) https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/atlantic-immigration-pilot/hire-immigrant.html
(10) http://archive.is/wm5PH
(11) http://www.vancouversun.com/Temporary+foreign+workers+Filling+labour+depressing+wages/7564651/story.html
(12) http://archive.is/paYCu
(13) https://globalnews.ca/news/3993108/temporary-foreign-workers-canada-unemployment/
(14) http://archive.is/wip/AEfJ7
(15) https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees.html
(16) http://archive.is/wip/5b98A
(17) https://www.canadavisa.com/international-mobility-program.html#gs.6o5qw9
(18) http://archive.is/wip/OWMPt
(19) https://www150.statcan.gc.ca/n1/daily-quotidien/181128/dq181128c-eng.htm
(20) http://archive.is/wip/WfpUk
(21) https://www.statcan.gc.ca/eng/dai/smr08/2018/smr08_220_2018
(22) http://archive.is/wip/X10Rm
(23) https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=3710001101
(24) http://archive.is/9vhYZ
(25) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/annual-report-parliament-immigration-2018/report.html
(26) http://archive.is/Nov56
(27) https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=1710000901
(28) http://archive.is/0yxKJ
(29) https://www150.statcan.gc.ca/n1/daily-quotidien/180927/dq180927c-eng.htm
(30) http://archive.is/JgvqV

Categories to Consider:

  1. Regular immigration — 310,000 currently
  2. Temporary Foreign Worker (TFW) — 78,788 in year 2017
  3. International Mobility Program — 224,033 in year 2017
  4. International Students — 317,328 in 2017
  5. “Refugees” — 44,747 in year 2017

3. More Information

Facts and Figures
More than 192,000 temporary foreign workers entered Canada in 2011. The overall total includes about 70,000 foreign workers whose employer required an LMO from HRSDC and close to 120,000 who did not require an LMO.
In 2011, more than 29,000 temporary foreign workers made the transition to permanent status.

(Source for quote)

Guess it’s not really “temporary”.

Advantages to Employers

For employers who have been unable to recruit Canadian citizens or permanent residents for job openings, the TFWP makes it possible to hire workers from abroad. Employers might also find a qualified foreign worker already in Canada, such as a foreign worker who is about to complete a job contract with another employer or a foreign national holding an open work permit that allows the employee to work for any employer in Canada.

While most temporary foreign workers will be hired to address a specific, short-term labour need, some temporary foreign workers who initially came to fill a temporary vacancy can transition to permanent residence if they meet certain requirements. For example, the Canadian Experience Class is open to foreign nationals who have been working full-time in Canada as trades people or in managerial or professional occupations and meet certain other requirements. Other foreign workers may qualify through the Provincial Nominee Program for permanent residence in Canada. These routes exist to ensure that workers who have shown that their skills are in continuing demand and that they have already adapted well to life in Canada can build a future here.

As the TFWP is designed to help employers fill short-term gaps in Canada’s labour market, most temporary foreign workers are limited to working in Canada for four years before having to return to their home country. Most TFWs have the opportunity to apply for permanent residence if that is their desire, and limiting the amount of time they may work in Canada with a temporary status encourages them to do so.

(Source for quote)

Yeah, it’s not really “temporary”.

And how many are we talking about anyway?

“A. Temporary Workers
In 2017, a total of 78,788 work permits were issued under the Temporary Foreign Worker Program (TFWP), which includes caregivers, agricultural workers and other workers who require a Labour Market Impact Assessment (LMIA).”

(Source is here).

Year Female Male Total
2015 14,884 58,132 73,016
2016 16,013 62,367 78,402
2017 14,380 64,408 78,788

Well, if nothing else the TFW category is down from the Harper years. Though, to be fair, I think this is “per year” admittants, not the total in the country at a time.

4. Provincial Nominee Programme

How the Provincial Nominee Program (PNP) works
This program is for workers who:

  • have the skills, education and work experience to contribute to the economy of a specific province or territory
  • want to live in that province, and
  • want to become permanent residents of Canada

Each province and territory
Footnote
* has its own “streams” (immigration programs that target certain groups) and requirements. For example, in a program stream, provinces and territories may target:

  • students
  • business people
  • skilled workers
  • semi-skilled workers

If “temporary” foreign workers cannot get PR status Federally, then there is a good chance they can Provincially.

Now this is encouraging:

As part of the process, you will have to pass a medical exam and get a police check (certificate). Everyone must have these checks, no matter where they plan to live in Canada.

However, being healthy and of good conduct does “not” apply to refugee applicants.

Note: In 2017, the number of PN admissions was 49,724.
(Source is here)

5. International Students Fast Tracked To PNP

Although this article was meant to address the Temporary Foreign Worker’s Program (TFWP), it should also be noted that international students completing a college diploma or university degree are often accepted into the PNP as well. So it is worth looking at how many people that involves.

Number of international students increasing at a higher rate than that of Canadian students
The number of international students enrolled in Canadian postsecondary institutions has been on the rise for two decades, with their numbers increasing at a higher rate than that of Canadian students. International students totaled 245,895 in 2016/2017, representing 12.0% of overall enrolments.

Increases in international student enrolments in Canada are observed due to a variety of factors, including programs and policies put in place to increase their numbers, the quality of postsecondary education, and the appeal of Canada as a study destination. While China remained the top country of citizenship for international students in 2016/2017, most of the gains in enrolments of international students from 2015/2016 to 2016/2017 were a result of the growing number of students from India, up 34.4% (+9,060).

245,895 international students in the 2016/2017 year, and we can expect that number to grow. Of course, Permanent Resident status is often straightforward after that. From there, citizenship is really just a formality.

Now, we are told that Canada currently has an immigration intake of 310,000 per year (although scheduled to increase). This does not take the 317K (listed in 2017) of international students.

2018 REPORT TO PARLIAMENT ON IMM

In 2017, a total of 44,747 people were admitted to Canada as resettled refugees, as permanent residents in the Protected Persons in Canada category or as people admitted for humanitarian and compassionate considerations and under public policies.

Some other facts:
-In 2017, Canada admitted 159,262 permanent residents in Economic Class programs, representing 55.6% of all 2017 admissions.
-In 2017, Canada admitted 65,417 new permanent residents in the Economic Class through the Express Entry application management system, an increase of 32,003 from the previous year.
Of the 49,724 admissions under the Provincial Nominee Program, 13,531 were through Express Entry, an increase of 73% over 2016.
-In 2017, IRCC admitted 22,253 caregivers as permanent residents. This was above the high end of the planned admissions and reflected measures to reduce the inventory of applicants that applied under the former Live-in Caregiver Program.
-In 2017, a total of 587 admissions were processed through Federal Economic – Business Immigration programs.

6. You Can’t Make This Up!

Of the 286,479 permanent residents admitted in 2017, a total of 76% self-identified as having knowledge of English, French or both official languages, which is an increase of three percentage points compared to 2016.

(Source is here)

Okay, apparently you speak English of French if you “identify” as doing so.

7. How Many People Total?

A few assumptions:
(1) Although International Mobility is “meant” to be temporary, visa holders absolutely can find ways to obtain other visas, or apply for PR in certain cases, so count the entire amount.
(2) Data for 2017 lists some 317K student visas. While it is certainly true that not all will stay afterwards, the vast majority will want to.

Category Number
Permanent Immigration 310,000
Temp Foreign Worker 80,000
International Mobility 225,000
International Student 315,000
“Refugees” 45,000
Totals (approx.) 975,000

Of course, these are estimates from older data. They do not include other categories, or the hordes of illegals coming into Canada. It also doesn’t include any other program that may not be listed.

975,000 in a year. More than 1/2 million more than our “leaders” are telling us.

8. Bernier V.S. Trudeau

What we are “told” the numbers are

Who Current Proposed Diff Percent
Trudeau 310K 350K +40K +13%
Bernier 310K 250K -60K -20%

What the numbers “actually” are:

Who Current Proposed Diff Percent
Trudeau 975K 1,015K +40K +4%
Bernier 975K 915K -60K -6%

And of course, this is presupposed on the idea that there are only 810,000 legal immigrants into Canada this year.
4% increase with “open borders” Trudeau.
6% decrease with “populist” Bernier.
What a complete scam.

(Added June 17, 2019). This is Maxime Bernier calling out the “globalist” Trudeau and Scheer for supporting mass migration.

9. StatsCan Information

CLICK HERE, for 2018-2019 estimates.

Statistics Canada estimates that from 2019 to 2019
Q1 in 2018 = 36,786,021
Q2 in 2018 = 36,890,169
Q3 in 2018 = 37,058,856
Q4 in 2019 = 37,242,571
Q1 in 2019 = 37,314,442

This would be an increase of 525,000, which is 215,000 or 70% higher than what we have been told. But there’s more.

StatsCan found most growth came from migration.

The number of non-permanent residents increased by 165,729 in 2017/2018. This increase surpassed the previous peak in 1988/1989, the year when the Immigration and Refugee Board of Canada was created and the new refugee determination system was introduced. Although also fed by a strong increase of asylum seekers, the increase of the number of non-permanent residents in the country in 2017/2018 was still mainly explained by the rise in the number of work and study permit holders.

So, another 525,000 new citizens, and another 165,000 new residents
That would be 690,000 people.

Let’s see some census data.
In 2011, there were 33,476,688 Canadians.
In 2016, there were 35,151,728 Canadians.
This is a difference of 1.68M, or 335,000/annually.

But this only takes into account “citizens”, not permanent residents, or other temporary residents.

Even using StatsCan data, the 800K+ estimate seems pretty reasonable, when other groups are factored in.

And to reiterate: not everyone who comes into Canada on a “temporary” path will stay. But the majority will want to and try to.

Disclaimer: When this piece was originally written, the number of 150,000 student visas was used. This was based on an error in reading the 2018 report to Parliament. Canada actually admitted some 317,000 students in 2017. While not all will stay, most will want to and try to after graduating.

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