Author: Ronnie

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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

A Nationalist’s Rejection of Conservatism and Libertarianism

This is going to be quite different from the usual article. This is simply an ideological standing: Nationalism v.s. Conservatism and Libertarianism.

1. Disclaimer

  1. This is an opinion. Don’t be triggered.
  2. Feedback or rebuttal always welcome.
  3. Most of the following is backed up in other articles.

2. Rejection Of Conservativism


As is now a common rebuttal point, so called “Conservatives” don’t actually conserve anything. This is true throughout the Western world. Most “Conservative” parties are really just corporatists, trying to serve a business class.

  • Culture isn’t conserved. Multiculturalism is forced upon us.
  • Language isn’t conserved, and learning it becomes less of a priority
  • Heritage isn’t conserved. Our history can be rewritten.
  • Founding of nation isn’t conserved. Everyone is replaceable.
  • Respect for life isn’t conserved.
  • Any meaning of family isn’t conserved
  • Any religion which helped found society isn’t conserved.
  • With the above points, the “majority” culture, language or heritage dwindles, however, “minority” ones are encouraged to thrive.
  • The environment isn’t conserved (the lefties are right on this one).
  • Education standards aren’t conserved. School is big business.
  • Pensions and social benefits aren’t conserved.
  • Health Care isn’t conserved.
  • National borders aren’t conserved.
  • National sovereignty isn’t conserved.
  • Military strength isn’t conserved, nor veterans cared for.
  • Actual free markets aren’t conserved. Cronyism is rampant.
  • “Small Government” ideals aren’t conserved.
  • Employment prospects aren’t conserved, if they can be outsourced.
  • True free speech isn’t conserved

Any semblance of “social conservatism” has long been abandoned by these “self-identified” conservative parties. As such, money, growth, and individualism seem to be the only things that matter.

And while “Conservatives” like to crow about how responsible they are with the public purse, successive governments have heaped debts onto the populations. But they don’t like that detail pointed out.

Consider too: so called neo-cons who have little to no hesitation about starting foreign wars abroad either for resources or power.

Most topics on the list have been addressed elsewhere on the site. There is much more to a nation than GDP, unemployment and stock prices.

3. Rejection Of Libertarianism


Most of the above points can also be directed towards Libertarians. They have no interest in conserving anything either.

To be fair, Libertarians do have a genuine interest in smaller government overall. They push for less regulation and government involvement in people’s lives. Valid points.

An interesting note: while pushing for “individual” rights and freedoms, Libertarians (many anyway), take no issue with mass migration from cultures which push for “collective” powers. It never seems to dawn on them that these freedoms can be eventually voted away by the people they welcome.

It also never occurs to Libertarians (or Conservatives) that in pushing for multiculturalism, they are forging alliances with groups which will wield power by numbers. Individual preference doesn’t matter when an entire group votes another way.

4. Protect Individual Rights


Looking out for group identity doesn’t mean we should have to — EVER — give up our individual freedoms, such as these:

  1. Freedom of speech
  2. Freedom of association
  3. Freedom of the press
  4. Freedom of peaceful assembly
  5. Freedom of religion (except violent movements “cloaked” as religion)
  6. Private property rights
  7. Presumption of innocence in criminal proceedings

Most (if not all) nationalists also support these rights.

While Libertarians go on about the “dangers of collectivism”, it never dawns on them that collectivism can also help preserve these rights. If your group believes in individual rights, then as a group it can act to protect them.

Much harder to do when “individuals” work against “collectives” who oppose these freedoms, or your way of life.

5. Look To Generations Ahead


This should be commonsense, but is worth repeating: we should be looking ahead generations to what kind of society we will leave our descendants. It is not worth sacrificing it for our short term gain.

Left v.s. Right is a myth to obscure the real distinction of Nationalist v.s. Globalist. Other labels differ, but are irrelevant. Doesn’t matter if these “right-wingers” self identify as:
-Classical Liberals
-Conservatives
-Real Conservatives
-Libertarians

Policies should be aimed at protecting the items cited above (Section #2). After all, our ancestors left them to us.

As such, nationalism is the way forward.
OUR PEOPLE COME FIRST.

Posted on

Canada’s Criminal Code: Insults As Bad As Advocating Genocide

(MP Iqra Khalid, who opposes free speech)

DEFAMATORY LIBEL laws are still on the books!

1. Important Links

CLICK HERE, for a prior review of Bill C-71 (firearms)
CLICK HERE, for a prior review of Bill C-75 (terrorism)
CLICK HERE, for global efforts to ban criticism of Islam.
CLICK HERE, for “defamatory libel” in the Criminal Code.
CLICK HERE, for previous version.
CLICK HERE, for Canadian Charter of Rights & Freedoms.
CLICK HERE, for R. v. Stevens, 1993 CanLII 14706 (MB PC).
CLICK HERE, for cases linked to R. v. Stevens.
CLICK HERE, for R. v. Lucas, (1998)

2. From The Criminal Code

Defamatory Libel
Definition of newspaper
297 In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.
R.S., c. C-34, s. 261.

Marginal note:
Definition
298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

Marginal note:
Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.
R.S., c. C-34, s. 262.

Marginal note:
Publishing
299 A person publishes a libel when he
(a) exhibits it in public;
(b) causes it to be read or seen; or
(c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.
R.S., 1985, c. C-46, s. 299; 2018, c. 29, s. 31.
Previous Version

Marginal note:
Punishment of libel known to be false
300 Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 264.

Marginal note:
Punishment for defamatory libel
301 Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 265.

Marginal note:
Extortion by libel
302 (1) Every one commits an offence who, with intent
(a) to extort money from any person, or
(b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,
publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

Marginal note:
Idem
(2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

Marginal note:
Punishment
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 266.

Marginal note:
Proprietor of newspaper presumed responsible
303 (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

Marginal note:
General authority to manager when negligence
(2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that
(a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or
(b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.

Marginal note:
Selling newspapers
(3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.

Selling book containing defamatory libel
304 (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.

Marginal note:
Sale by servant
(2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that
(a) defamatory matter was contained therein; or
(b) defamatory matter was habitually contained therein, in the case of a periodical.
R.S., c. C-34, s. 268.

Some observations:

  1. Under 301 defamatory libel is punishable by up to 2 years. However, in Section 300 publishing defamatory libel is punishable by up to 5 years. What exactly is the difference?
  2. Bill C-75 (terrorism and other offences) included provisions to make terrorism eligible to be tried summarily (for lesser punishments). However, mean words is automatically indictable. Seriously?
  3. Obvious question: but in a free society, why would civil infractions be criminalized?
  4. Under Section 298(1) and (2), irony and satire seem to be included.
  5. Under Section 303, newspaper editors are “assumed” to be liable. So much for the presumption of innocence in our criminal “justice” system.
  6. However, when publishing a “book” (under Section 304), the publisher is assumed not to be have known.

3. Defenses To Defamatory Libel

Well, there are some defenses, which is good to know. For example, it’s not a crime if bad things are said in the context of divorce proceedings, or parliamentary or judicial proceedings.

Fair report of public meeting
308 No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if
(a) the meeting is lawfully convened for a lawful purpose and is open to the public;
(b) the report is fair and accurate;
(c) the publication of the matter complained of is for the public benefit; and
(d) he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter.
R.S., c. C-34, s. 272.

Marginal note:
Public benefit
309 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.
R.S., c. C-34, s. 273.

Marginal note:
Fair comment on public person or work of art
310 No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments
(a) on the public conduct of a person who takes part in public affairs; or
(b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.
R.S., c. C-34, s. 274.

Marginal note:
When truth a defence
311 No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.
R.S., c. C-34, s. 275.

Marginal note:
Publication invited or necessary
312 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter
(a) on the invitation or challenge of the person in respect of whom it is published, or
(b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,
if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.
R.S., c. C-34, s. 276.

Marginal note:
Answer to inquiries
313 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if
(a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;
(b) the person who publishes the defamatory matter believes that it is true;
(c) the defamatory matter is relevant to the inquiries; and
(d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

Good to know that truth is a valid defense. Also, “public benefit” considered to be a defense. But don’t we have something called the Charter of Rights and Freedoms? Aren’t there fundamental freedoms guaranteed to us? Let’s take a look.

But first, let’s look at a silly comparison: what are the punishments for advocating genocide?

4. Canadian Criminal Code

Advocating genocide
318 (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Marginal note:
Definition of genocide
(2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
Marginal note:
Consent
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General

That’s right. Advocating genocide is an indictable offense, punishable by up to 5 years in prison.

Think that through. Insulting people publicly can be treated just as harshly as actually calling for people to be exterminated.

5. Fundamental Freedoms, Canadian Charter

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.

On the surface, yes, fee speech, belief, expression and opinion are guaranteed. Yet these “defamatory libel” laws are still on the books. So what happens when they collide?

6. Charter V.S. Criminal Code

From the case: R. v. Stevens (1993),

1. Is s. 300 of the Criminal Code of Canada an infringement of freedom of expression as guaranteed under s. 2(b) of the Canadian Charter of Rights and Freedoms?
ANSWER: Yes
2. If s. 300 of the Criminal Code is an infringement of the Charter can it be upheld under s. 1 of the Charter as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?
ANSWER: Yes
While I have struck down certain portions of ss. 298 and 299 for failing the proportionality test under s. 1, this result has no impact in the present case in view of the findings of fact previously made by this court.
Accordingly, I find Mr. Stevens guilty of the offence under s. 300
of the Criminal Code as charged.

This Judge rules that yes, it is a violation of the Charter, but a justifiable one under Section 1.

From the case: R. v. Lucas (1998),

[129] In his reasons for sentence ((1995), 1995 CanLII 4081 (SK QB), 132 Sask. R. 71), the trial judge stated “that John David Lucas was the instigator and Johanna Erna Lucas was his follower” (p. 74). This finding raises the possibility that Mrs. Lucas’s knowledge might have derived at least in part from what she was told by Mr. Lucas, and she may therefore have believed that the message was true even though in fact it was not.

[130] In the absence of findings of fact by the trial judge related to subjective knowledge, there is insufficient evidence before this Court to prove beyond a reasonable doubt that Mrs. Lucas knew that the messages on the placard she carried were false. Accordingly, her conviction must be set aside.

[131] Ordinarily, a new trial would be ordered. However, in light of the Crown’s statement that in the circumstances the Crown would not proceed with a new trial, I would direct an acquittal of Mrs. Lucas.

An acquittal here, but only because the person didn’t know the statements weren’t true.

7. Do We Really Have Free Speech?

To a point, yes. However, a free speech absolutist would argue that no, that isn’t free speech.

However, in the world of everyone criticizing everyone, this type of law seems to easy to be abused. One person’s satire and trolling is another person’s hate and defamatory libel.

There are several other cases to go through. But the point here remains:

DEFAMATORY LIBEL laws are still on the books!

There are plenty of “civil” cases for defamation even in recent years. However, “criminal” cases for defamation seem to be a thing of the past. Probably since there are far more important things for police and prosecutors to busy themselves with.

Still, good to know this….

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

Wanted: Independent Contractors to Act as “Controlled Opposition” (Satire)

Check toolbar on right for globalism links (under counter). Also view the MASTERLIST.

All personal court appearances are under “BLOG”
Fed Court cases are addressed on right under “Canadian Media”.

Deep State Enterprises is looking for independent contractors in their “Controlled Opposition” Division. If you think you may be qualified, please consider the following:

REQUIREMENTS

  1. Experience preferred, but will train right candidate
  2. Experience in gaslighting preferred
  3. A fondness for “selective truthfulness” required
  4. Computer skills important
  5. Quick witted with 1-liners a plus
  6. Knowledge of SJW talking points
  7. An eagerness to ward off deeper conversation

Below are some topics that will often be encountered in everyday conversation. Note: the first list is what you are “allowed” to promote, as an advocate of free speech. The second list is where we don’t want people to go.

The lists are not exhaustive, and more topics will be introduced as you gain experience.

ACCEPTABLE TOPICS

  • Biological differences between men and women
  • Debunking the wage gap
  • Debunking cultural Marxism
  • Pointing out culture clash with Islam
  • Mocking Trudeau’s silly agenda
  • Calling out SJW identity politics
  • Pointing out financial costs of mass migration
  • Ridiculing the “diversity is our strength” motto
  • Noting differences in cultural groups

“UN”ACCEPTABLE TOPICS

  • Biological differences between racial groups
  • Why the gender pay gap illusion exists
  • Investigating “why” cultural Marxism exists
  • Examining the sources and goals of Islam
  • Questioning who is behind Trudeau’s silly agenda
  • Unifying a nation under an identity
  • Pointing out social costs of mass migration
  • Asking “why” diversity is better than unity
  • Asking if cultural groups are compatible

As a member of the “controlled opposition” team, your job is not to allow free speech and open debate. Rather, it is to allow the “illusion” of free speech and debate.

During your orientation, you will be given the manual of which topics are acceptable, and to what degree

COMPENSATION

  1. Competitive wages
  2. Matching RRSP contributions
  3. 3 weeks annual vacation to start
  4. Telecommuting – can often work from home
  5. Extensive dental and medical benefits
  6. A challenging atmosphere with room to grow

Contact — Kelly in Prince Albert, SK
(like Heisenberg in Breaking Bad, she is only known by one name)

Posting open until May 15, or until filled

Posted on

IMM #2: “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.