Author: Ronnie

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Motorcycle Helmet Law Exemptions

(A new option for motorcycle riders in Ontario)

In British Columbia, Alberta, Manitoba, and now Ontario, Sikhs are now exempt from wearing helmets while riding motorcycles.

Other areas around the Western World have either implemented such an exemption, or have looked into it.

The Ontario law is to take effect on October 18.

This is being done under the guise of “accommodation” and “human rights”. But it is absurd. Helmets are worn to keep people safe. In the event of an accident, the helmet can prevent the riders head from getting cracked open. A piece of cloth is not a helmet, and does not provide protection. If the rider lands on his head, the road won’t care that the turban is a religious item.

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Child Killer Gets Transfer to “Healing Lodge” Because of her Race

(Interrogation of McClintic)

(Interrogation of Rafferty)

(News on McClintic’s Transfer To Healing Lodge)

As cited in a previous article, see here, all defendants/prisoners are not equal in the eyes of the law. This is a racially discriminating practice that Canada has been involved in doing since the late 1990s.

Here is section 718.2(e) of the Canadian Criminal Code:

all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

Yes, one racial group is allowed to get what amounts to a race based discount. The 1999 Gladue ruling essentially paved the way for this to be normalized across Canada, while the Ipeelee decision expanded the scope to include long term offenders.

Here are the links to the Court decisions of Gladue (1997, 1999) and Ipeelee (2012).

R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

While Indigenous people getting a race-based discount is nothing new in Canada, the transfer of child killer Terry McClintic to a “healing lodge” has the Canadian public flared up.

In 2009, 8 year old Tori Stafford was murdered by Terri McClintic, who was an accomplice to Michael Rafferty. In 2010, both McClintic and Rafferty received life sentences, with a 25 year custodial minimum. In 2014, McClintic was transferred to a medium security prison. Now, in 2018, McClintic is being sent to this “healing lodge”.

Not only is McClintic a child killer, but she viciously assaulted another inmate in 2012, and bragged that she only regretted not causing worse injury. Definitely a candidate for transfer from maximum to medium security prison.

Unfortunately, the federal parties are playing politics with it, while avoiding the real issue. The Liberals, now in government, blame the Conservatives for the 2014 transfer to medium security prison (when Stephen Harper was PM). The Conservatives blame the Liberals for not stopping this transfer. Both blame the other, while saying that they were not able to do anything — that Corrections Canada makes the decisions.

But the real issue that both Liberals and Conservatives dodge is that the entire law giving special treatment to Aboriginal/Indigenous/First Nations peoples. No group should receive “any” special treatment. Raced-based discounts are immoral.

What “should” be done is have the Gladue/Ipeelee rulings overturned. Yes, the Supreme Court of Canada endorsed this nonsense, but it can be stopped permanently using Section 33, the Notwithstanding Clause of the Canadian Charter of Rights and Freedoms.

Application of Charter
32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
Marginal note:
Exception
(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
Marginal note:
Exception where express declaration
33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Rafferty/McClintic have frequently been compared to Paul Bernardo/Karla Homolka, another male/female child killing couple. Karla Homolka’s mere 12 year sentence outraged Canadians, as does the McClintic transfer now.

Rather than bickering about whose government dropped the ball, this soft bigotry of low expectations needs to end. Legislate this nonsense out of Canadian law.

Update on the Story: On October 3, the Liberals, NDP and Green Party voted against a Conservative motion that would have kept Terri-Lynn McClintic in prison. See this link.

Further Update on the Story
On November 8, the Liberals have announced they will make new rules to send McClintic back. However, it doesn’t address underlying racist nature of the law — different sentencing rules based on skin colour, or even on ”how someone identifies”.

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E.U. Punishes Memberstates for Daring to Exercise Soverignty

Hungarian Parliament Building

(September 12, 2018), The European Union has triggered Article 7 of the Lisbon Treaty.

Many reasons were given, but it is widely believed that the main one has to do with immigration. Hungary has blatantly refused to accept forced migration quotas, and has run on a “Hungary for Hungarians” platform. While Victor Orban’s policy is extremely popular, and helped his re-election in April, the E.U. is angered at the open defiance.

Nationalism is alive and well in Europe. Hungary, Poland, Slovakia and the Czech Republic are 4 central European nations known as the “Visegrad 4”. They are against open borders. Sebastian Kurz in Austria and Matteo Salvini in Italy recently won on populist platforms. Hungary is hardly alone.

While the E.U. professes outrage, Orban is actually running on the agenda he specifically set out to do. He sealed Hungary’s borders and stopped 99% of the illegal immigration. He has also stopped all funding for illegal migrants, and banned NGOs from aiding and abetting. While claiming these to be “human rights abuses”, it seems there is little the E.U. can do about it.

To give some perspective, there are many more legal hurdles to clear before anything actually happens. Poland, for example, had Article 7 triggered against it in December 2017, almost a year ago, see here, and also see here. Yet nothing has actually happened.

But ultimately, Hungary could lose its voting rights within the E.U. (as could Poland). Should this happen, they would be subjected to laws which they have no say in enacting or repealing.

Critics have loudly advised Hungary and Poland should just leave the European Union altogether. In 2016, the UK invoked Article 50 of the Lisbon Treaty in order to begin to leave the EU. Nigel Farage of the UK, and Marine Le Pen of France openly mock the E.U. as violating the will of sovereign European nations.

More insight to the European Union and their laws will be given on a future article.

    Author’s Views

: From my perspective as a Canadian tourist, an integrated Europe and common currency does make travel, movement, and purchasing easier. However, it is disappointing to see how much sovereignty is eroded in the name of “unity”. A nation should be able to control its own borders, currency, language, culture, economy and way of life. While this union may have at one time been useful, it is undermining the autonomy and independence of the host countries.

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Measured Discussion on Multiculturalism is Apparently Off-Limits

Andrew Scheer (left) and Maxime Bernier (Right)

August 13, 2018 — Maxime Bernier, a Member of Federal Parliament in Canada (and a senior member of the Conservative Party), caused a stir when he sent off 6 tweets.  He questioned to what limits the push for diversity and multiculturalism should  go in Canada.

To disclose bias right away: political correctness gets us nowhere.  Truth and open discussion are valued over censorship anytime.  And Bernier was tweeting what many people believe, specifically that there has to be some limit to the push for ”endless diversity”.

Recent ”diversity” moves include: (a) gender quotas for filling cabinet positions; (b) letting terrorists with dual citizenship keep their Canadian citizenship; (c) marching in gay pride parades while endorsing religions who want to slaughter gays; (d) calling it offensive to label honour killings as ”barbaric”; (e) Motion M-103, the anti-blasphemy legislation; (f) publicly saying that Canada has and should have no core identity; (g) altering the national anthem to make it ”gender neutral”; (h) making it mandatory for MPs to support abortion, but taking no position on sex-selective abortions, which target female babies; (i) comparing ISIS fighter to Italian, Polish and Chinese immigrants; (j) refusing to denounce religious and cultural practices which are incompatible with a free and equal society,  and so on…..

In all fairness to Bernier, he never called for anyone to be prohibited from entering the country, to be mistreated, or suggested that people are not equal.  He did question: (1) dividing Canadians into ever smaller groups and ”Balkanizing” the country; (2) accepting ideologies which are truly incompatible with Western societies; and (3) obsession with identity politics does nothing to unify a country.  All of these things seem very reasonable.

Left leaning Liberals and the NDP had a field day, calling Bernier a bigot and calling for his ouster from the parties.  That is no surprise.  Virtue signalling is how the left operates these days.

The more right leaning Canadian Nationalist Party enjoyed it as well, albeit for different reasons.  Members took it as proof that the Conservatives are too weak to stand up for a strong unified Canada. Here is an article from the Nationalist Party of Canada.

The real surprise (at least to me), was how reluctant fellow Conservatives were to support him.  They claim to be against political correctness and the silencing of open discussion, but showed true hypocracy here. The media condemned Bernier here, here, here, and here.

Outside Parliament and the mainstream media however, there has been large public support for Bernier and his having the courage to at least address a difficult topic.

It seems unlikely that Maxime will be kicked out of the party, if for no other reason than it will destroy any claim that Conservatives value free speech.  However, the damage seems to be already done.

And another observation: go to almost any ”multi-culture” city and you will find it segregated along cultural and ethnic lines.  This is not the government’s doing, but rather people doing it voluntarily.

Final Thoughts: Most don’t have a problem with people of other races, and (for to a degree) cultures living in Canada.  Where the line should be drawn is: (i) when the goal seems to actually be to break the country down; (ii) the cultures are truly incompatible; (iii) when asking valid questions becomes hate speech.

People are equal.  Ideas are not.  Ideas should be openly discussed, including ones that involve the direction the country is going.

Here is Maxime Bernier’s Twitter account, and specifically, here are the INFAMOUS 6, which caused the stir.

Update to the Story
Maxime Bernier left the Conservative Party on August 23. Bernier talked about many policy differences, while Scheer cited some personal differences. Bernier founded the (Communist sounding) People’s Party.

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Supreme Court of Canada Affirms Protections for Self Represented People

April 23, 2017 — The Supreme Court of Canada has affirmed the protection for self represented persons and accused people

Based on the 2006 Statement of principles from the Canadian Judicial Council, the SCC has enshrined these principles into law. See here, here, here, and here.

STATEMENT:
Judges, the courts and other participants in the justice system have a responsibility to promote
access to the justice system for all persons on an equal basis, regardless of representation.

PRINCIPLES:
1. Judges and court administrators should do whatever is possible to provide a fair and impartial process and prevent an unfair disadvantage to self-represented persons.

  1. Self-represented persons should not be denied relief on the basis of a minor or easily rectified deficiency in their case.

  2. Where appropriate, a judge should consider engaging in such case management activities as are required to protect the rights and interests of self-represented persons. Such case management should begin as early in the court process as possible.

  3. When one or both parties are proceeding without representation, non-prejudicial and engaged case and courtroom management may be needed to protect the litigants’ equal right to be heard. Depending on the circumstances and nature of the case, the presiding judge may:

(a) explain the process;
(b) inquire whether both parties understand the process and the procedure;
(c) make referrals to agencies able to assist the litigant in the preparation of the case;
(d) provide information about the law and evidentiary requirements;
(e) modify the traditional order of taking evidence; and
(f) question witnesses.

This is great news, as Justices/Judges/Masters/JP are now obligated to go the extra mile in assuring fair process for those accused and self representing.

Self representing is an intimidating process, but levelling the field should go a long way to ensure better access to justice.  It should not be only for those who can spend lots of money on a lawyer, or who are able to spend huge amounts of time learning the law.

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Race Based Discounts In Criminal Courts

Here is some information on how “Gladue Rights” work in Canada.
Equality under the law should mean that all people are treated equally.

However, that is not the case in Canada, with regards to sentencing in criminal justice.  To be specific, one group: Aboriginal, aka First Nations, aka Native have a section of the law specifically to give them a ”race-based discount”.

Here is section 718.2(e) of the Canadian Criminal Code:

all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

Yes, one racial group is allowed to get what amounts to a race based discount.  The 1999 Gladue ruling essentially paved the way for this to be normalized across Canada, while the Ipeelee decision expanded the scope to include long term offenders.

There have been complaints of recent in the media that despite these legal changes, the proportion and rates of Aboriginals in prison continues to rise.  (See questions below)

Here are the links to the Court decisions of Gladue (1997, 1999) and Ipeelee (2012).

R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

People should be treated equally under the law, and that no one group should receive any lesser or harsher punishment because of race, gender, religion, etc…

Defenders of the law claim that this is necessary because of ”overrepresentation” in Canadian prisons.  However, a number of serious questions don’t get asked:

(1) What are the actual crime rates by race?  Is it one group being unfairly targeted, or is it one group simply committing more crime, and they are actually being treated fairly under the law?  There is a huge difference.

(2) Yes there was historical discrimination, but why should people who were born after this, and not subjected to it, be benefiting from it?

(3) If there is ”systemic discrimination” against Aborginals, then how does handing down lighter sentences actually address this?  Doesn’t it avoid the underlying issue?

(4) If reserves in particular are so bad (they are often referred to as 3rd world conditions), wouldn’t the humane thing be to shut them down entirely?

(5) Should the Canadian government be allowing a policy that aims to create ”equality of outcome” in the prisons?  Should jails look like a random sample of society, rather than a reflection of who is actually committing crimes?

(6) If ”Gladue Rights” lead to lower sentences, couldn’t smart criminals game the system by committing ”more” crime, but still getting lower sentences?

Sadly, there seems to be little interest in the media, courts or politics for addressing these questions.

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