CLICK HERE, for the January 20, 2019 article which will be reviewed. Note: This review will not be a direct debunking of Communism itself, that will come another day. Rather, just a rebuttal of a recently published article.
To any actual Commies reading this: if you are easily triggered, good. Perhaps this will knock some sense into you.
Also, in no way do I wish for the Commie party to be silenced. All parties have the right to be heard. That said, no parties are immune from having bad ideas challenged. Let’s begin:
“The third annual Women’s Marches across North America take place on January 19, and once again, millions will be in the streets. These marches are a powerful stand against gender inequality and misogyny, in direct response to the sharpening attacks against trade unions, women, Indigenous and racialized peoples, the LGBTQ2+ community and others targeted by Donald Trump’s regime and reaction in Canada. The Women’s marches are also an important day to unite against the divisive attempts by fundamentalists and transphobic bigots to derail the struggle for a truly inclusive women’s movement.”
First point: the marches themselves are divisive. It is a “women’s” march, and one of the founding principles was to unite women as a voting block? Gender based identity politics.
Second point: Anti-Semitism is rampant within the march itself (again the NYT article. Embracing publicly the Nation of Islam Founder, Louis Farrakhan, and point blank refusing to condemn his views led to a major rift, and eventual split.
Third point: While complaining about “racism”, sentiments within the march are very anti-white. Hypocritical, to say the least.
Fourth point: There is a very large anti-LGBTQ attitude within the founders. Again, backing people like Farrakhan directly undermines any claim of being “inclusive”.
The Communist Party of Canada promotes this march, without realising how much hate and intolerance are ingrained within it.
“In nearly every capitalist country, the corporate attack on women’s equality gains has become a central piece of the assault against the working class and its allies. Across the globe, with a few exceptions, progress to narrow the gender pay gap, expand reproductive rights, and overcome poverty has hit major roadblocks. This trend has been ignored by mainstream media and politicians, who tend to focus mainly on revelations of sexist comments and assaults by individual politicians or executives, rather than exposing the underlying patriarchal, sexist, homophobic and transphobic ideologies which drive the wider anti-women agenda.”
The identity politics were addressed above, but here, three more claims are made: 1/ Gender pay gap; 2/ Reproductive rights; 3/ Poverty. Okay, let’s address all three.
1/ The gender pay gap (aka “Wage Gap”) is due largely to personal lifestyle choices between men and women. Men, on average, tend to: (a) work more overtime; (b) work more physical jobs; (c) work more dangerous jobs; (d) take less time off for child care; and (e) not take arts/humanities in universities.
Question for all feminists If there truly was a “wage gap”, and you could get the same production from hiring only women, why don’t companies do it? Why act “against” their own financial self interests.
2/ Reproductive rights basically means abortion. The Commies want abortion on demand, funded by taxpayers.
If you want to kill your kids, pay for it yourself
Abortion supporters (the Pro-Deathers) champion that abortion is a woman’s right, but the rights of the child are never brought up (unless the Mother wants tax-payer funded child care). Once able to breathe, have a heart beat, and move muscles, it “is” a human life. But this line of thinking shows a disturbing attitude, that a child is “disposable” if inconvenient to the mother.
3/ Poverty. This is mostly caused by poor decisions, and is related to the above (1) and (2). Women who choose to get jobs that don’t pay well, or not work at all, tend to be worse off than women who succeed. Single women having children also adds to poverty (despite male taxpayers subsidising the kids). Being poor due to bad choices is unfortunate, but hardly worthy of a national rally.
“The Women’s March protests which began in 2017 can play a vital role in building stronger popular resistance. But a narrow focus on one-day annual protests is not enough. The tendency for top-down organizing and planning of these Marches also limits the scope of the emerging fight against the entire right-wing agenda of governments that protect the status quo and the corporate profits generated by women’s inequality.”
1 Day protesting isn’t enough? Okay.
Corporate profits are generated by women’s inequality? I thought they were generated by having expanding well-run companies. And what reason would men have for being anti-women? It would just hurt mothers, wives, sisters, daughters, etc …
Anyway, what prevents women from joining these corporations and trying to get in on the riches? Due to hiring quotas, it would actually be easier than for men.
So you hate right wingers altogether? Thanks for admitting it.
“Here in Canada, a crucial federal election is just months away. The defeat of the bitterly anti-equality Harper Conservatives in 2015 gave the so-called “feminist” Justin Trudeau an easy way to avoid real action on women’s equality issues. Despite Liberal rhetoric, the gender wage gap has barely budged, the National Inquiry into Murdered and Missing Indigenous Women and Girls has bogged down, and progress on an affordable national child care program is painfully slow. Meanwhile, the Conservatives are using anti-immigrant tactics to mount a political comeback, and the openly racist, misogynist and transphobic “People’s Party” plans to nominate candidates in every federal riding. This is a moment of extreme political danger.”
1/ Not defending Harper, but what did he do that was anti-equality?
2/ Trudeau got a pass on real action? I would actually agree with you (a first), but up to a point. Again, the wage gap is caused by personal choices, the MMIWG found that most Aboriginal women were murdered by men they knew (like all women), and national child care is just an entitlement program
3/ The Conservatives — I assume you mean Scheer’s CPC — are making a political comeback using anti-immigrant tactics? Could you provide an example?
4/ People’s Party is racist, misogynistic, and transphobic? A party that routinely calls out identity politics? Again, could you provide an example?
Lots of smearing going on here, but very little in the way of specifics.
“The fight for gender equality – in Canada, and internationally – is not a side issue. Building a more powerful resistance against capitalist patriarchy is crucial to the strategy of uniting and mobilizing millions of people for social justice, full equality, Indigenous rights, and much more. In this situation, an annual day of marches makes a strong statement, but it’s no substitute for a broad, inclusive and powerful pan-Canadian coalition of equality-seeking groups, with the labour movement’s 2.5 million women members playing a crucial role. The sooner such a coalition is brought together, actively intervening to demand full equality rights, the better.”
One clarification:
Do you seek equality of opportunity? or
Do you seek equality of outcome?
It makes a difference. Equal opportunity for women has been the law throughout Western nations since the 1960s. Women cannot be denied anything on the basis of sex. But what you probably seek is equality of outcome, which can only be achieved through force.
“The women’s movement can count on the Communist Party to fight for women’s and gender equality rights before, during and after the 2019 federal election. The Communist Party of Canada will campaign for “Full Gender Equality NOW!”, including the following demands:”
Again, what rights don’t women have? Free handouts isn’t a right, at least not yet.
“* Restore funding for women’s equality programs.
* Close the wage gap; legislate full pay and employment equity.
* Fully implement the Truth and Reconciliation Commission recommendations, including justice for Missing and Murdered Indigenous Women and Girls.
* Guarantee accessible and publicly funded abortion and reproductive rights services in every province and territory.
* Create a pan-Canadian childcare program – universal, public, quality, affordable childcare with Canada-wide standards and union wages for childcare workers.
* Protect women’s right to EI maternity coverage; expand parental benefits to 52 weeks.
* End all forms of violence against women and provide adequate funding for crisis centres and transition houses.
* Repeal Bill C-36 – stop criminalizing sex workers!
* No to Islamophobia! End the wars in the Middle East, zero tolerance for Islamophobic and gendered violence, and increase immigration and refugee quotas.
* Repeal the Canada-US Safe Third Country Agreement, which disproportionately penalizes women fleeing poverty and violence.”
1/ The wage gap is a result of personal choices. Only way to change that is by forcing any and all jobs to be paid the same amount, regardless of type of work, skill, or hours. Basically, communism
2/ How many inquiries do we need? Especially given the RCMP findings that most of these women are killed by men they know
3/ Guarantee free abortion on demand? No. Just no.
4/ Free national childcare? Sounds lovely, but unrealistic. Take responsibility for having children.
5/ Women do have EI maternity coverage — if they have worked at a job enough hours. 52 weeks, a full year, for fathers? Nice, but unrealistic, as people will just keep having kids and never work
6/ Violence against women is illegal. And how many houses exactly do women need? Would you support shelters for men?
7/ Decriminalising sex workers? Assuming you only mean “adult” sex workers? That I agree with in part. As distasteful as it is, there are more important things for police to focus on.
8/ A lot to address in this one
(a) No to Islamphobia? Islam is a political ideology.
(b) End wars in the Middle East? Agree on that one.
(c) Zero tolerance for Islamophobic and gendered violence? Okay, but one clarification: what happens with all the “gendered violence” perpetrated in the name of Islam? They really don’t respect women.
(d) Increase immigration? No, get Canadians to have more children.
(e) Increase refugees? No, can’t screen them, and are a burden on society.
Note: with both (d) and (e) mass migration waters down Canadian culture.
9/ The safe 3rd country agreement is meant to prevent “refugees” from coming to either Canada or the US on visitor or tourist status, then crossing the border and pretending to be fleeing violence. Basically what happens at places like Roxham Road.
That should about do it. Go on their website, and everything is devoted to “social justice”, grievance politics, identity politics, and entitlement programs.
By the way: where has communism or socialism ever successfully been implemented?
(a) In General.–Chapter 1 of title 1, United States Code, is
amended by adding at the end the following:
“Sec. 8. `Person’, `human being’, `child’, and `individual’ as
including born-alive infant
“(a) In determining the meaning of any Act of Congress, or of any
ruling, regulation, or interpretation of the various administrative
bureaus and agencies of the United States, the words `person’, `human
being’, `child’, and `individual’, shall include every infant member of
the species homo sapiens who is born alive at any stage of development.
“(b) As used in this section, the term `born alive’, with respect
to a member of the species homo sapiens, means the complete expulsion or
extraction from his or her mother of that member, at any stage of
development, who after such expulsion or extraction breathes or has a
beating heart, pulsation of the umbilical cord, or definite movement of
voluntary muscles, regardless of whether the umbilical cord has been
cut, and regardless of whether the expulsion or extraction occurs as a
result of natural or induced labor, cesarean section, or induced
abortion.
“(c) Nothing in this section shall be construed to affirm, deny,
expand, or contract any legal status or legal right applicable to any
member of the species homo sapiens at any point prior to being `born
alive’ as defined in this section.”.
(b) Clerical Amendment.–The table of sections at the beginning of
chapter 1 of title 1, United States Code, is amended by adding at the
end the following new item:
“8. `Person’, `human being’, `child’, and `individual’ as including
born-alive infant.”.
Seems harmless enough, right? If it 1/ breathes; 2/ has a heartbeat; and 3/ has muscles that move, it’s alive and needs protecting
Saving the life of infant children “should” be a priority for any civilized society. Unfortunately, as time goes on, we have to legislate further and further to make that point. In fact, pro-death activists have LONG passed the guidelines set out by Roe v. Wade (1973).
Sadly, this common sense legislation is not only needed, but apparently very controversial. This was passed in the House of Representatives last year.
Here is the 2019 Born-Alive Abortion Survivors Protection Act
115th CONGRESS
2d Session
H. R. 4712
IN THE SENATE OF THE UNITED STATES
January 20, 2018
Received
AN ACT
To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Born-Alive Abortion Survivors Protection Act”.
SEC. 2. Findings.
Congress finds as follows:
(1) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.
(2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.
SEC. 3. Born-alive infants protection.
(a) Requirements pertaining to born-Alive abortion survivors.—Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:
Ҥ 1532. Requirements pertaining to born-alive abortion survivors
“(a) Requirements for health care practitioners.—In the case of an abortion or attempted abortion that results in a child born alive (as defined in section 8 of title 1, United States Code (commonly known as the ‘Born-Alive Infants Protection Act’)):
“(1) DEGREE OF CARE REQUIRED; IMMEDIATE ADMISSION TO A HOSPITAL.—Any health care practitioner present at the time the child is born alive shall—
“(A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and
“(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.
“(2) MANDATORY REPORTING OF VIOLATIONS.—A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both.
“(b) Penalties.—
“(1) IN GENERAL.—Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.
“(2) INTENTIONAL KILLING OF CHILD BORN ALIVE.—Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being.
“(c) Bar to prosecution.—The mother of a child born alive described under subsection (a) may not be prosecuted under this section, for conspiracy to violate this section, or for an offense under section 3 or 4 of this title based on such a violation.
“(d) Civil remedies.—
“(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS PERFORMED.—If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief.
“(2) APPROPRIATE RELIEF.—Appropriate relief in a civil action under this subsection includes—
“(A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a);
“(B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and
“(C) punitive damages.
“(3) ATTORNEY’S FEE FOR PLAINTIFF.—The court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection.
“(4) ATTORNEY’S FEE FOR DEFENDANT.—If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.
“(e) Definitions.—In this section the following definitions apply:
“(1) ABORTION.—The term ‘abortion’ means the use or prescription of any instrument, medicine, drug, or any other substance or device—
“(A) to intentionally kill the unborn child of a woman known to be pregnant; or
“(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—
“(i) after viability, to produce a live birth and preserve the life and health of the child born alive; or
“(ii) to remove a dead unborn child.
“(2) ATTEMPT.—The term ‘attempt’, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.”.
(b) Clerical amendment.—The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after the item pertaining to section 1531 the following:
“1532. Requirements pertaining to born-alive abortion survivors.”.
(c) Chapter heading amendments.—
(1) CHAPTER HEADING IN CHAPTER.—The chapter heading for chapter 74 of title 18, United States Code, is amended by striking “Partial-Birth Abortions” and inserting “Abortions”.
(2) TABLE OF CHAPTERS FOR PART I.—The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking “Partial-Birth Abortions” and inserting “Abortions”.
Passed the House of Representatives January 19, 2018
4. Abortionists Moving The Goalposts
How did we get to this point?
1/ Abortion used to limited to only medical necessity to save the mother’s life, or in such cases as incest.
(0, unless medically necessary)
2/ Roe v. Wade allowed abortions in 1st trimester, but still had some safeguards in place.
(~13 weeks)
3/ Various state movements pushed abortion well into 2nd trimester
(20-24 weeks)
4/ New initiatives like NY Gov. Cuomo, see last article, want abortion up until birth
(0-39 weeks)
5/ Now efforts to keep survivors alive are being fought.
(0-after birth)
5. So, What Happens Now
What’s next? Debating how, many days, weeks or months your child can still be killed?
Will it become like fostering an animal with the SPCA? If it doesn’t work out, you can return the animal within a year. (Disclosure: I did foster an animal, and formally adopt him 2 months later)
Also, how did we get to the point where abortion is “celebrated”? Even if, for the sake of argument, a person decides they can’t become a parent or provide any sort of future, okay. This is a decision that should be taken very carefully, and is nothing to celebrate.
No rational human would celebrate having to put down a sick or dying dog or cat. To them, they are literally losing a family member. However, a flesh and blood child gets nowhere near the same consideration.
My body. My choice. Leave no survivors.
This is truly sick.
AN ACT to amend the public health law, in relation to enacting the
reproductive health act and revising existing provisions of law
regarding abortion; to amend the penal law, the criminal procedure
law, the county law and the judiciary law, in relation to abortion; to
repeal certain provisions of the public health law relating to
abortion; to repeal certain provisions of the education law relating
to the sale of contraceptives; and to repeal certain provisions of the
penal law relating to abortion
26 ARTICLE 25-A
27 REPRODUCTIVE HEALTH ACT
28 Section 2599-aa. Policy and purpose.
29 2599-bb. Abortion.
30 § 2599-aa. Policy and purpose. The legislature finds that comprehen-
31 sive reproductive health care is a fundamental component of every indi-
32 vidual’s health, privacy and equality. Therefore, it is the policy of
33 the state that:
34 1. Every individual has the fundamental right to choose or refuse
35 contraception or sterilization.
36 2. Every individual who becomes pregnant has the fundamental right to
37 choose to carry the pregnancy to term, to give birth to a child, or to
38 have an abortion, pursuant to this article.
39 3. The state shall not discriminate against, deny, or interfere with
40 the exercise of the rights set forth in this section in the regulation
41 or provision of benefits, facilities, services or information.
42 § 2599-bb. Abortion. 1. A health care practitioner licensed, certi-
43 fied, or authorized under title eight of the education law, acting with-
44 in his or her lawful scope of practice, may perform an abortion when,
45 according to the practitioner’s reasonable and good faith professional
46 judgment based on the facts of the patient’s case: the patient is within
47 twenty-four weeks from the commencement of pregnancy, or there is an
48 absence of fetal viability, or the abortion is necessary to protect the
49 patient’s life or health.
50 2. This article shall be construed and applied consistent with and
51 subject to applicable laws and applicable and authorized regulations
52 governing health care procedures.
1 § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
2 law are REPEALED, and the article heading of article 125 of the penal
3 law is amended to read as follows:
4 HOMICIDE[, ABORTION] AND RELATED OFFENSES
5 § 6. Section 125.00 of the penal law is amended to read as follows:
6 § 125.00 Homicide defined.
7 Homicide means conduct which causes the death of a person [or an
8 unborn child with which a female has been pregnant for more than twen-
9 ty-four weeks] under circumstances constituting murder, manslaughter in
10 the first degree, manslaughter in the second degree, or criminally
11 negligent homicide[, abortion in the first degree or self-abortion in
12 the first degree].
13 § 7. The section heading, opening paragraph and subdivision 1 of
14 section 125.05 of the penal law are amended to read as follows:
15 Homicide[, abortion] and related offenses; [definitions of terms]
16 definition.
17 The following [definitions are] definition is applicable to this arti-
18 cle:
19 [1.] “Person,” when referring to the victim of a homicide, means a
20 human being who has been born and is alive.
That’s right: it is no longer murder to kill a child right up until the moment of birth
SUMMARY AS INTRODUCED:
.
Abortion; eliminate certain requirements. Eliminates the requirement that an abortion in the second trimester of pregnancy and prior to the third trimester be performed in a hospital. The bill eliminates all the procedures and processes, including the performance of an ultrasound, required to effect a woman’s informed written consent to the performance of an abortion; however, the bill does not change the requirement that a woman’s informed written consent be first obtained. The bill eliminates the requirement that two other physicians certify that a third trimester abortion is necessary to prevent the woman’s death or impairment of her mental or physical health, as well as the need to find that any such impairment to the woman’s health would be substantial and irremediable. The bill also removes language classifying facilities that perform five or more first-trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals.
§ 18.2-73. When abortion lawful during second trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy.
Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of §§ 18.2-72 and 18.2-73, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman in a stage of pregnancy subsequent to the second trimester, provided that the following conditions are met:
The following are actually REMOVED under this bill:
(a) 1. Said operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
(b) 2. The physician and two consulting physicians certify certifies and so enter enters in the hospital record of the woman, that in their the physician’s medical opinion, based upon their the physician’s best clinical judgment, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.
(c) 3. Measures for life support for the product of such abortion or miscarriage must shall be available and utilized if there is any clearly visible evidence of viability.
§ 18.2-76. Informed written consent required.
.
A. Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician perform the abortion or otherwise terminate the pregnancy.
B. At least 24 hours before the performance of an abortion, a qualified medical professional trained in sonography and working under the supervision of a physician licensed in the Commonwealth shall perform fetal transabdominal ultrasound imaging on the patient undergoing the abortion for the purpose of determining gestational age. If the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed, the fetal ultrasound imaging shall be performed at least two hours before the abortion. The ultrasound image shall contain the dimensions of the fetus and accurately portray the presence of external members and internal organs of the fetus, if present or viewable. Determination of gestational age shall be based upon measurement of the fetus in a manner consistent with standard medical practice in the community for determining gestational age. When only the gestational sac is visible during ultrasound imaging, gestational age may be based upon measurement of the gestational sac. If gestational age cannot be determined by a transabdominal ultrasound, then the patient undergoing the abortion shall be verbally offered other ultrasound imaging to determine gestational age, which she may refuse. A print of the ultrasound image shall be made to document the measurements that have been taken to determine the gestational age of the fetus.
The provisions of this subsection shall not apply if the woman seeking an abortion is the victim of rape or incest, if the incident was reported to law-enforcement authorities. Nothing herein shall preclude the physician from using any ultrasound imaging that he considers to be medically appropriate pursuant to the standard medical practice in the community.
C. The qualified medical professional performing fetal ultrasound imaging pursuant to subsection B shall verbally offer the woman an opportunity to view the ultrasound image, receive a printed copy of the ultrasound image and hear the fetal heart tones pursuant to standard medical practice in the community, and shall obtain from the woman written certification that this opportunity was offered and whether or not it was accepted and, if applicable, verification that the pregnant woman lives at least 100 miles from the facility where the abortion is to be performed. A printed copy of the ultrasound image shall be maintained in the woman’s medical record at the facility where the abortion is to be performed for the longer of (i) seven years or (ii) the extent required by applicable federal or state law.
D. For purposes of this section:
“Informed written consent” means the knowing and voluntary written consent to abortion by a pregnant woman of any age, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion by the physician who is to perform the abortion or his agent. The basic information to effect such consent, as required by this subsection, shall be provided by telephone or in person to the woman at least 24 hours before the abortion by the physician who is to perform the abortion, by a referring physician, or by a licensed professional or practical nurse working under the direct supervision of either the physician who is to perform the abortion or the referring physician; however, the information in subdivision 5 may be provided instead by a licensed health-care professional working under the direct supervision of either the physician who is to perform the abortion or the referring physician. This basic information shall include:
1. A full, reasonable and comprehensible medical explanation of the nature, benefits, and risks of and alternatives to the proposed procedures or protocols to be followed in her particular case;
2. An instruction that the woman may withdraw her consent at any time prior to the performance of the procedure;
3. An offer for the woman to speak with the physician who is to perform the abortion so that he may answer any questions that the woman may have and provide further information concerning the procedures and protocols;
4. A statement of the probable gestational age of the fetus at the time the abortion is to be performed and that fetal ultrasound imaging shall be performed prior to the abortion to confirm the gestational age; and
5. An offer to review the printed materials described in subsection F. If the woman chooses to review such materials, they shall be provided to her in a respectful and understandable manner, without prejudice and intended to give the woman the opportunity to make an informed choice and shall be provided to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by first-class mail or, if the woman requests, by certified mail, restricted delivery. This offer for the woman to review the material shall advise her of the following:
(i) the Department of Health publishes printed materials that describe the unborn child and list agencies that offer alternatives to abortion;
(ii) medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department;
(iii) the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion, that assistance in the collection of such support is available, and that more detailed information on the availability of such assistance is contained in the printed materials published by the Department;
(iv) she has the right to review the materials printed by the Department and that copies will be provided to her free of charge if she chooses to review them; and
(v) a statewide list of public and private agencies and services that provide ultrasound imaging and auscultation of fetal heart tone services free of charge. Where the woman has advised that the pregnancy is the result of a rape, the information in clause (iii) may be omitted.
3. What Is This Exactly?
These are just so wrong.
Even those who are “pro-choice” should be shocked at the idea of killing an infant that within minutes or hours would have been born. Of course, even “clumps of cells” aborted don’t always die. See here.
Apparently it’s no longer an issue of “when” children can be aborted. Guess the new slippery slope is how long after birth can we kill them.
A minute?
An hour?
A day?
A week?
A month?
Just call it a 4th trimester abortion.
Remember kids: it’s not murder as long as your mother is complicit in it.
CLICK HERE, for the 1995 Firearms Act. CLICK HERE, for Bill C-19, Ending The Long Gun Registry Act CLICK HERE, for the 2015 Economic Action Plan Act
Here are some noteworthy changes
5(2) of Firearms Act
ORIGINAL
(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.
REPLACEMENT
(2) Subsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(c) has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;
(d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;
(e) in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intimate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or
(f) for any other reason, poses a risk of harm to any person.
For greater certainty
(2.1) For greater certainty, for the purposes of paragraph (2)(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network
19(1.1) and (2) of Firearms Act
ORIGINAL
Target practice or competition
(1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Marginal note:
Exception for prohibited firearms other than prohibited handguns
(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), between specified places except for the purposes referred to in paragraph (1)(b)
REPLACEMENT
4 (1) Subsections 19(1.1) and (2) of the Act are replaced by the following:
Target practice or competition
(1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Exception for prohibited firearms other than prohibited handguns
(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)(b).
Section 23 of Firearms Act
ORIGINAL
Authorization to transfer non-restricted firearms
23 A person may transfer a non-restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.
1995, c. 39, s. 23; 2003, c. 8, s. 17; 2012, c. 6, s. 11; 2015, c. 27, s. 7.
Previous Version
Marginal note:
Voluntary request to Registrar
23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.
Marginal note:
No record of request
(2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).
REPLACEMENT
5 Sections 23 and 23.1 of the Act are replaced by the following:
Authorization to transfer non-restricted firearms
23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;
(b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and
(c) the reference number is still valid.
Information — transferee’s licence
(2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.
Reference number
(3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.
Period of validity
(4) A reference number is valid for the prescribed period.
Registrar not satisfied
(5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.
Ending the Long Gun Registry Act of 2012
ORIGINAL
Non-application
(3) Sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).
(4) If section 29 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:
17. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and
(5) If section 17 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and
(6) If section 29 of the other Act comes into force on the same day as section 17 of this Act, then that section 17 is deemed to have come into force before that section 29 and subsection (5) applies as a consequence.
(7) On the first day on which both section 30 of the other Act and section 17 of this Act are in force, paragraphs 40(1)(b) and (c) of the Firearms Act are replaced by the following:
(b) the individual produces a licence authorizing him or her to possess that kind of firearm;
(c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and
REPLACEMENT
Ending the Long-gun Registry Act
Amendments to the Act
2015, c. 36, s. 230
23 (1) Subsection 29(3) of the Ending the Long-gun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1.
2015, c. 36, s. 230
(2) Subsections 29(4) to (7) of the Ending the Long-gun Registry Act are deemed never to have come into force and are repealed.
2015, c. 36, s. 231
24 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.
Biggest takeaway here is that Bill C-71 is an effort to resurrect the Long Gun Registry
While there are some virtue signals about safety, the main objective is clearly undoing the 2011-2012 legislation.
(Apparently, science is “Colonial”, in S. Africa anyway)
(Science is so racist, apparently)
(One of the few times “White” science is good)
CLICK HERE, for the bill in its latest form, which is currently undergoing 3rd reading in House of Commons.
CLICK HERE, for 2012 version of Environmental Assessment Act. CLICK HERE, for the 1985 Navigation Protection Act. CLICK HERE, for Energy Regulator Handbook.
SUMMARY HERE
If nothing else, take these points away:
-Regulators have wide discretion to shut everything down
-Regulators have wide discretion to hand out fines and penalties
-Gender based analysis is lens which projects to be viewed though
-Indigenous rights ensure that any project can be stopped almost at will
-Advisory Board must include (a) FN; (b) Inuit; (c) Metis
-“White Science” and “Indigenous Knowledge” to both be considered
-“Indigenous Knowledge” is confidential, unless common knowledge
-“Indigenous Knowledge” given to regulator is private unless public interest to disclose.
-“Indigenous Knowledge” is some secret sauce that can shut down projects, but must be kept confidential to protect …. something.
-Special Tribunal can be set up for compensation in pipeline spills
THIS CAN BE CHALLENGED IN FEDERAL COURT
Federal Court
Appeal to Federal Court
138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.
Order not suspended
139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.
Injunctions
Court’s power
140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to
(a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or
(b) do an act that, in the court’s opinion, may prevent the commission of the offence.
Notice
(2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.
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Judicial Review
Grounds
170 Subject to section 168, every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Good to know…. this may come in handy later.
Also, there is a section on discrimination. Of course, with this government, no legislation would be complete without it. However, the terms here seem to suggest more of a “price fixing” nature than actual discrimination. Read for yourself.
Discrimination
No unjust discrimination
235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.
Burden of proof
236 If it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.
Prohibition
237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they
(a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or
(b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).
Due diligence
(2) A person is not to be found guilty of an offence under paragraph (1)(a) if they establish that they exercised due diligence to prevent the commission of the offence.
Prosecution
(3) No prosecution may be instituted for an offence under this section without leave of the Commission.
Introduction To The Bill Preamble
Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;
Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;
Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;
Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigenous peoples of Canada are taken into account in decision-making;
And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1/ Safeguards to protect the environment, and H&S of Canadians? Okay, few could disagree with that.
2/ Promoting competitiveness sounds great, if that is what the Bill does.
3/ Committed to reconciliation? Okay, here is where we start to have issues. Will development be blocked or rerouted in the name of “reconciliation”? Or will there be extra “taxes” attached?
4/ Inclusive participation? Isn’t that redundant? And best scientific information and data “and” the Indigenous knowledge of the Indigenous peoples are taken into account?
*** So is there Indigenous knowledge and non-Indigenous science and data? See the above video on “decolonizing science”
5/ Committed to assessing how groups of women, men and gender-diverse people may experience things? Okay, back to the gender obsession. And is “gender diverse” a reference to trannies, or just mixed men/women?
6/ I thought this was a science based approach. Now it’s being infiltrated by (a) Indigenous knowledge and (b) Gender politics.
Okay, now we get to “another” preamble,
PART 1
Impact Assessment Act
Enactment of Act
Enactment
1 The Impact Assessment Act, whose Schedules 1 to 4 are set out in the schedule to this Act, is enacted as follows:
An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects
Preamble
Whereas the Government of Canada is committed to fostering sustainability;
Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects;
Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;
Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;
Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently;
Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;
Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;
And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1/ The Government of Canada is committed to sustainability? Okay, sounds nice, but that can get very expensive. See Agenda 21, signed in 1992 by Brian Mulroney, and Agenda 2030, signed in 2015 by Stephen Harper. Interestingly, Mulroney and Harper both “identify” as Conservatives.
2/ Integrating scientific information and Indigenous knowledge? Again, is there a separate set of scientific principles depending on skin colour or ethnicity? Science is so racist.
3/ Committed to public participation, yet this is an omnibus bill rammed though parliament
4/ Fostering reconciliation and inclusion? So will protests be shutting down any projects? Will “payments” be demanded?
5/ You support UN Declaration on Indigenous Rights? Okay, that agreement means that virtually any work can be shut down at any time, for any reason.
6/ Meet it’s international efforts regarding climate change? Silly me, thinking Paris Accord was “non-binding”
Note: There is a preamble for the Energy Regulator Act, and it’s wording is almost identical.
Rights of Indigenous peoples of Canada
3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Again, any project can be shut down on a whim.
Purpose
Purpose of Act
6 The purpose of this Act is to regulate certain energy matters within Parliament’s jurisdiction and, in particular,
(a) to ensure that pipelines and power lines as well as facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment;
(b) to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner that is safe and secure and that protects people, property and the environment;
(c) to regulate trade in energy products; and
(d) to ensure that regulatory hearings and decision-making processes related to those energy matters are fair, inclusive, transparent and efficient.
(a) No problem with this.
(b) No problem with this.
(c) Stop. Government shouldn’t be regulating trade. It just makes things more expensive.
(d) Make decisions that are inclusive? Getting back into the gender politics again?
Mandate
11 The Regulator’s mandate includes
(a) making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines;
(b) overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities;
(c) making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs;
(d) making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation;
(e) advising and reporting on energy matters;
(f) providing alternative dispute resolution processes;
(g) exercising powers and performing duties and functions that are conferred on the Regulator under any other Act of Parliament; and
(h) exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.
On the surface, this doesn’t look objectionable. However, it is unclear just how much authority the Energy Regulator will have to make unilateral decisions.
Board of Directors
Establishment and composition
14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.
Indigenous representation
(2) At least one of the directors must be an Indigenous person.
Of course, it wouldn’t be a Liberal bill without a racial or gender quota.
Matters of law and fact
(3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
Power to act on own initiative
33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.
Orders and prohibitions
34 The Commission may
(a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and
(b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.
Okay, now we are getting into some actual enforcement. However it is unclear what all these added levels of bureaucracy will actually accomplish. It just seems to slow things down.
Wasn’t part of this bill to ensure speedy startup and process?
Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers
Regulations
54 The Governor in Council may make regulations that specify
(a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers;
(b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and
(c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.
Good in a way, delegate matters the powers at hand don’t understand to underlings who would know more.
Also a bit concerning. There is no requirement to actually have any education, experience or training in the industry. Wouldn’t this invite mistake from incompetent, politically driven leaders?
Rights and Interests of the Indigenous Peoples of Canada
Duty to consider — Commission
56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Duty to consider — designated officers
(2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Advisory committee
57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.
Membership
(2) The membership of the advisory committee must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.
Confidentiality — Indigenous knowledge
58 (1) Any Indigenous knowledge that is provided in confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
Exception
(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
(a) it is publicly available;
(b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or
(c) the disclosure is authorized in the circumstances set out in the regulations made under section 59.
Consultation
(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
Further disclosure
(3) The Regulator may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.
Duty to comply
(4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection.
Protection from civil proceeding or prosecution
(5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure.
Regulations
59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
Once again, this seems designed to fail.
1/ If any indigenous person or group can shut down an entire project, or at least delay it for years, development will come to a standstill.
2/ Duty to consult: Again sounds nice, but written in such a way as to ensure nothing gets through.
3/ Committee must include:
(a) First Nations
(b) Inuit
(c) Metis
So not only is there “one” representative, but there are to be “three” each from different groups.
4/ Indigenous Knowledge provided to regulator is confidential.
What? So it cannot be challenged if we don’t know what it is.
5/ Before “disclosing Indigenous Knowledge”, the Regulator must discuss with person who provided it.
6/ No punishment for disclosing “Indigenous Knowledge” if it was done in good faith? Great, but if this knowledge is so powerful, why “wouldn’t” we want to share it
7/ So where is all this transparency, if “Indigenous Knowledge” is kept secret?
Public Engagement
Public engagement
74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).
Participant funding program
75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.
Public hearings are good, but the incessant pandering to Indigenous groups gets tiring.
Regulation of Construction, Operation and Abandonment
Orders
95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission.
Other measures
(2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment:
(a) an Indigenous governing body;
(b) the holder or any other person;
(c) the federal government or a federal Crown corporation;
(d) a provincial government or a provincial Crown corporation;
(e) a local authority.
This sounds nice, but in practice, anyone on the list can start making demands and delay or shut down any major project. Again, pandering to Indigenous bodies.
Offence and punishment — duty to assist and orders
112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Defence — no notice
(2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)(a).
Offence and punishment — obstruction
(3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.
This is one of many references in the Bill which criminalise certain actions. If nothing else, the bill does have teeth in it.
Pipeline Claims Tribunal
Establishment
Establishment of Tribunal
143 (1) The Governor in Council may, by order, after a designation is made under subsection 141(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office.
Reasons
(2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so.
Claims treated equitably
(3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.
Now adding even more bureaucracy. The Governor in Council may establish a tribunal to specifically rule on pipeline compensation.
This bill goes on and on. Feel free to read the entire document
But the main take away is that it creates more and more levels of bureaucracy for any sort of development projects, such as pipelines. The only plausible explanation is that the Bill seems designed to prevent anything from getting off the ground.
Interesting note: #5 goes on at length about “monitoring” demographic changes, but doesn’t give any priority to “maintaining” demographics.
(b) Raising awareness of demographic and sustainable development interactions
5.37. Understanding of the interactions between demographic trends and factors and sustainable development should be increased in all sectors of society. Stress should be placed on local and national action. Demographic and sustainable development education should be coordinated and integrated in both the formal and non-formal education sectors. Particular attention should be given to population literacy programmes, notably for women. Special emphasis should be placed on the linkage between these programmes, primary environmental care and the provision of primary health care and services.
Section 24 has to do with gender. It wouldn’t be a United Nations agreement without plenty of virtue signalling. Here are 2 parts: (a) gender quotas; and (b) free child care. Also, am assuming that “reproductive rights” is code for abortion.
24.3. Governments should take active steps to implement the following:
a. Measures to review policies and establish plans to increase the proportion of women involved as decision makers, planners, managers, scientists and technical advisers in the design, development and implementation of policies and programmes for sustainable development;
e. Programmes to establish and strengthen preventive and curative health facilities, which include women-centred, women-managed, safe and effective reproductive health care and affordable, accessible, responsible planning of family size and services, as appropriate, in keeping with freedom, dignity and personally held values. Programmes should focus on providing comprehensive health care, including pre-natal care, education and information on health and responsible parenthood, and should provide the opportunity for all women to fully breastfeed at least during the first four months post-partum. Programmes should fully support women’s productive and reproductive roles and well-being and should pay special attention to the need to provide equal and improved health care for all children and to reduce the risk of maternal and child mortality and sickness.
Section 33 gets to the heart of the matter: MONEY
>33.1. The General Assembly, in resolution 44/228 of 22 December 1989, inter alia, decided that the United Nations Conference on Environment and Development should:
.
Identify ways and means of providing new and additional financial resources, particularly to developing countries, for environmentally sound development programmes and projects in accordance with national development objectives, priorities and plans and to consider ways of effectively monitoring the provision of such new and additional financial resources, particularly to developing countries, so as to enable the international community to take further appropriate action on the basis of accurate and reliable data; Identify ways and means of providing additional financial resources for measures directed towards solving major environmental problems of global concern and especially of supporting those countries, in particular developing countries, for which the implementation of such measures would entail a special or abnormal burden, owing, in particular, to their lack of financial resources, expertise or technical capacity;
This article could go on forever, but take this away:
1/ Virtue signalling
2/ Huge wealth transfer
3/ Zero accountability
