Ronnie, Author at Canuck Law

September 23, 2024September 23, 2024

Bills C-398/C-399: The “Right” Of Homeless Encampments, And Immigration “Equity”

Just before Parliament took its Summer recess in 2024, NDP Member of Parliament, Jenny Kwan, introduced 2 Private Member’s Bills: C-398 and C-399.

Both are in the introductory stage in the House of Commons. While Private Bills don’t commonly become law, there’s always the possibility they will. There’s also the prospect that the contents will simply be incorporated into a larger, Government Bill.

Starting with Bill C-398, it would create the “right” to set up homeless encampments on Federal land. It would amend the National Housing Strategy Act in several places. Authorities would be prevented from blocking them, or shutting them down. And for reference:

Homeless encampment means an outdoor settlement of one or more temporary structures, such as tents, vehicles or other structures that are not designed or intended for permanent human habitation but that one or more persons experiencing homelessness use as their residence.‍ (campement d’itinérants).

(e) establish measures to prevent the removal of homeless encampments on federal land and to identify alternatives to homeless encampments following meaningful engagement with their residents; and

(f) provide for processes to ensure that Indigenous peoples are actively involved and supported in determining and developing culturally appropriate housing-related programs and that responses to homeless encampments respect their rights.

Bill C-398 does talk about “identifying alternatives to homeless encampments”. Presumably this means providing people with low or no-cost housing. Interestingly, there’s nothing in the legislation that says it will only apply to Canadian citizens, or permanent residents, or landed immigrants.

Logically, anyone who entered the country illegally, who who overstayed their visa, would be entitled to the same protections.

Mandate
10 (1) The mandate of the Ombud is to examine the practices of the Department of Citizenship and Immigration to ensure that they are fair, equitable, unbiased, non-racist and non-discriminatory, and to conduct investigations if the Ombud has reasonable grounds to believe that a person or group of persons has been the victim of unfairness, inequity, bias, racism or discrimination — including systemic racism and systemic discrimination — in the Department’s decision-making process.

Duties and functions
(2) The Ombud’s duties and functions include
(a) reviewing the Department of Citizenship and Immigration’s policies, programs, initiatives, training procedures and processing standards to identify fairness or equity problems in the Department’s administration of the Citizenship Act and the Immigration and Refugee Protection Act, including those resulting from biases and discrimination — including systemic racism and systemic discrimination;
(b) receiving and, if appropriate, investigating complaints, including complaints about the problems referred to in paragraph (a);
(c) monitoring trends and patterns in complaints in order to identify the problems referred to in paragraph (a); and
(d) making recommendations to the Minister regarding any unfairness, inequity, bias or discrimination — including systemic racism and systemic discrimination — that the Ombud identifies.

Kwan wants to create an ombudsman to ensure that “equitable” policies and practices are being implemented by the Ministry of Citizenship and Immigration. She also wants that ombudsman to make recommendations to the Minister in order to help this along.

Now, while the connection may seem tenuous, consider this:

The New Democrats and experts agree that the problem on orderly crossings is the safe third country agreement. For over a year now, I have been calling on the government to invoke article 10 of the safe third country agreement and to provide written notice to the United States that we are suspending the agreement.

If the safe third country agreement is suspended, asylum seekers can make safe, orderly crossings at designated ports of entry. This will protect the rights of the asylum seekers, provide safety and stability to Canada’s border communities most impacted by this influx, and allow for the government agencies, such as the RCMP, CBSA, IRCC, and the IRB, to strategically deploy personnel and resources necessary to establish border infrastructure instead of this ad hoc approach. This is the rational, reasonable response to this situation.

Back in April 2018, Kwan posted on her website that she had been calling on the Trudeau Government to suspend the Safe Third Country Agreement. The reason for doing this is so that people entering from the United States — to claim asylum — could simply stroll into any official port of entry.

In November 2018, Kwan called for the Safe Third Country Agreement to be suspended, claiming that the U.S. (under Donald Trump) wasn’t a “safe country”.

In March 2020, she wrote to Trudeau and Freeland, protesting that illegals trying to cross from the U.S. were being turned back.

Taken together, what does this all mean?

It means that Kwan, who is pro-open borders, supports having illegals come in from the U.S., and presumably elsewhere as well. On one hand, she introduces Bill C-398, which entrenches the “right” of people to set up encampments on Federal land. On the other, she has Bill C-399, which creates and ombudsman to ensure that “equitable” immigration policies are enforced, and to make recommendations to the Minister.

Will taxpayer funded “housing for illegals” become a human right?

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-398
(2) https://www.ourcommons.ca/Members/en/jenny-kwan(89346)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-398/first-reading
(4) https://laws-lois.justice.gc.ca/eng/acts/n-11.2/FullText.html
(5) https://www.parl.ca/LegisInfo/en/bill/44-1/C-399
(6) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-399/first-reading
(7) https://www.jennykwanndp.ca/on_irregular_border_crossings
(8) https://www.jennykwanndp.ca/emergency_study_on_irregular_border_crossings
(9) https://www.jennykwanndp.ca/open_letter_to_deputy_prime_minister_on_border_restriction

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(18) Bill S-243: Climate Related Finance Act, Banking Acts
(19) Bill S-248: Removing Final Consent For Euthanasia
(20) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(21) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

September 19, 2024September 19, 2024

Private Member’s Bill C-390: Expanding Euthanasia For PROVINCIAL Frameworks

Just before Parliament took their summer recess, Private Member’s Bill C-390 was introduced in the House of Commons. It came from Sylvie Bérubé, MP with the Bloc Québécois. It aims to (once again) expands assisted suicide, a.k.a. medical assistance in dying, or MAiD.

It does this by amending the Criminal Code to add exemptions in for this “practice”, if it is carried out under an applicable provincial framework. If there are no criminal consequences, then logically, the Provinces and Territories could each write their own version.

Exemption for medical assistance in dying
227 (1) No medical practitioner or nurse practitioner commits culpable homicide if they provide a person with medical assistance in dying in accordance with section 241.‍2 or an applicable provincial framework..

Exemption for person aiding practitioner
(2) No person is a party to culpable homicide if they do anything for the purpose of aiding a medical practitioner or nurse practitioner to provide a person with medical assistance in dying in accordance with section 241.‍2 or an applicable provincial framework.

Non-application of section 14
(4) Section 14 does not apply with respect to a person who consents to have death inflicted on them by means of medical assistance in dying provided in accordance with section 241.‍2 tor an applicable provincial framework.

Exemption for person aiding practitioner
(3) No person is a party to an offence under paragraph (1)‍(b) if they do anything for the purpose of aiding a medical practitioner or nurse practitioner to provide a person with medical assistance in dying in accordance with section 241.‍2 tor an applicable provincial framework.

Exemption for pharmacist
(4) No pharmacist who dispenses a substance to a person other than a medical practitioner or nurse practitioner commits an offence under paragraph (1)‍(b) if the pharmacist dispenses the substance further to a prescription that is written by such a practitioner in providing medical assistance in dying in accordance with section 241.‍2 tor an applicable provincial framework.

Exemption for person aiding patient
(5) No person commits an offence under paragraph (1)‍(b) if they do anything, at another person’s explicit request, for the purpose of aiding that other person to self-administer a substance that has been prescribed for that other person as part of the provision of medical assistance in dying in accordance with section 241.‍2 or an applicable provincial framework.

Failure to comply with safeguards
241.‍3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply, subject to subsection 241.‍2(3.‍2), with all the requirements set out in paragraphs 241.‍2(3)‍(b) to (h) or paragraphs 241.‍2(3.‍1)‍(b) to (k) or all the requirements of an applicable provincial framework, as the case may be, and with subsection 241.‍2(8) is guilty of

Now, why would Bérubé draft such a Bill?

According to the Federal Lobbying Registry, she met with a group called Dying With Dignity shortly after the Bill was introduced.

The group is also a registered charity, meaning that taxpayers are subsidizing any donations that come in. The amount of direct subsidies seem minimal.

According to the information available with the Canada Revenue Agency, this charity takes in roughly $2 million per year. The vast majority is from private donations.

Dying With Dignity advocates for euthanasia for people with mental disorders, which is pretty messed up. It seems to tiptoe around the issue of informed consent.

They also support the rights of “mature minors” to get MAiD. Interestingly, there doesn’t appear to be any minimum age specified on the site, nor any safeguards in place.

This group also supports the concept of “removing final consent“, or making requests in advance. This seems to line up with Bill S-248, introduced by Pamela Wallin.

So, where does the line get drawn? It doesn’t seem that there is one.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-390
(2) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-390/first-reading
(3) https://www.ourcommons.ca/Members/en/sylvie-berube(104622)
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=610243
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=366489&regId=951614#regStart
(6) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=dying+with+dignity&q.stts=0007&selectedCharityBn=118890086RR0001&dsrdPg=1
(7) https://www.dyingwithdignity.ca/
(8) https://www.dyingwithdignity.ca/advocacy/allow-maid-for-mental-disorders/
(9) https://www.dyingwithdignity.ca/advocacy/mature-minors/
(10) https://www.dyingwithdignity.ca/advocacy/advance-requests/

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(17) Bill S-243: Climate Related Finance Act, Banking Acts
(18) Bill S-248: Removing Final Consent For Euthanasia
(19) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(20) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

September 18, 2024September 18, 2024

Bill C-293 (International Pandemic Treaty) Revisited: Concerns Raised Over Food Supply

Bill C-293 was covered in early 2023. This is a Private Member’s Bill for domestic implementation of the International Pandemic Treaty, and is now in the Senate.

Parliament had hearings back in late 2023, and those same issues may come up in the Senate. In particular, several groups raised concerns about the food supply should this legislation pass. Specifically, these would include:

regulate commercial activities that can contribute to pandemic risk, including industrial animal agriculture
promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins
phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species

Back in 2017, there was a major initiative from Innovation, Science and Economic Development Canada to push for mass production of “plant proteins”. For ideological reasons, the Government was trying to phase out meat.

Some participants in the hearings expressed concerns that echoed this.

1. Canadian Federation of Agriculture

However, we write today to express significant concerns with aspects Bill C-293, particularly in its impact on the Canadian animal agriculture sector. While the primary objective of the Bill is pandemic prevention and preparedness, it contains content and language that will adversely affect Canadian farmers and ranchers if passed in its current form. Specifically, we are concerned by the Bill’s language around livestock farming, the promotion of alternative proteins, and the focus on animal agriculture in the context of antimicrobial resistance rather than within the more comprehensive One Health perspective.

Irrelevant focus on alternative proteins, in the context of pandemic preparedness
.
In particular, section 4 (2) (I) of Bill C-293 dissents from the tone and language used throughout other
sections of the Bill and instead, includes language promoting the production and use of alternative proteins and the regulation of animal agriculture, and the phase-out of high-risk species.

2. Christian Farmers Federation of Ontario

Animal Agriculture
Section 4 (2) (l) (ii – iv) directly correlate animal agriculture with increased pandemic risk. These sections further direct the promotion of “alternative proteins,” based on a notion of reduced pandemic risk. This language unfairly represents the risks posed by animal agriculture. These sections of the Bill, as worded, further require drastic action including measures to regulate” animal agriculture and to “phase out…high risk species” in response to this exaggerated notion of risk. These sections should also be removed from the Bill.

Drastic actions, such as those suggested in the current wording of the Bill, in the case of food animals in particular, would result in loss of food supply, economic losses, and increased cost of food, among other effects.

3. Chicken Farmers of Canada

While the majority of the Bill uses overarching language to describe the work of the Advisory Committee on pandemic response (as appointed by the Minister of Health) and the content of their reports, Section 4 (2) (l) is very specific in its intent to promote alternative proteins, regulate animal agriculture and phase out high-risk species.

CFC believes that the basis of this section makes a judgment call that animal agriculture is the cause of pandemics – a notion that is not supported and does not represent the cause of diseases listed in the preamble of the Bill. This premise is tied to the initiative of promoting the production of alternate proteins, which is a specific example not seen elsewhere in the Bill. Initiatives to promote alternative proteins in a Bill on pandemic prevention and preparedness is misplaced and misaligned with the Bill’s objectives. CFC believes that Section 4 (2) (l) is too limiting in its direction and in turn could distract the Advisory Committee from more beneficial areas of work.

4. Canada Mink Breeders Association

1. Remove Clause 2(l)(iii)
(l) after consultation with the Minister of Agriculture and Agri-Food, the Minister of Industry and
provincial governments, provide for measures to
• (iii) promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins

2. Remove Clause 2(l)(iv)
(l) after consultation with the Minister of Agriculture and Agri-food, the Minister of Industry and
provincial governments, provide for measures to
• (iv) phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species

3. Remove Clause 2(m)(ii)
(m) include the following information, to be provided by the Minister of the Environment:
• (ii) a summary of the measures the Minister of the Environment intends to take to reduce the risk that the commercial wildlife trade in Canada and abroad will lead to a pandemic, including measures to regulate or phase out live animal markets

All of these groups raised concerns that social policies would be implemented through the backdoor, under the guise of “pandemic prevention”.

A group called Results Canada took a very different approach. It asked that Bill C-293 be amended to include something called “surge financing”. It appears to be an attempt to trigger easier access to money, in the event of a “pandemic”,

4(2)(n.1) “a summary, to be provided by the Minister of Finance, of the measures the Minister intends to take to support the availability of surge financing, as well as the funding of pandemic preparedness and response by the World Bank, International Monetary Fund, and other relevant international organizations;”

Lisa Barrett, the infamous Nova Scotia doctor who had pushed lockdowns, said that she preferred that the Bill be altered in a way where the “correct” science could be promoted.

Again, it’s not specifically about the bill, but I could link it to the bill.

I think that having pieces of misinformation and disinformation out there like that, particularly around vaccination, is part of the issue. If this bill can actually develop a process where science is promoted, as well as the dissemination of science in a trustful way, we could probably get rid of a lot of those statements. Those are not statements I would support, and I think it’s a demonstration of overt mis- and disinformation from certain individuals. Hopefully, we can get beyond that and maybe there’s some use for a bill like this to promote it.
As with most of these Bills, the devil is in the details. The broad outline provided does nothing to answer specifics regarding food supply. Presumably, there would be regulations made by unelected bureaucrats.

Private Member’s Bills usually go nowhere. But this one is already in the Senate. Where did Nathaniel Erskine-Smith get the idea to introduce this? Who wrote it for him?

Critics fear that entire crops and industries could disappear under the guise of “public safety”. It doesn’t really specify any built-in protections. And with “experts” like Lisa Barrett, it’s not a stretch to think that martial law mandates could return in some form.

What will happen in the Senate?

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(17) Bill S-243: Climate Related Finance Act, Banking Acts
(18) Bill S-248: Removing Final Consent For Euthanasia
(19) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(20) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

September 18, 2024September 18, 2024

GAVI Sends New Lobbyist, Cameron Doherty, To Ottawa On Their Behalf

GAVI, the Global Alliance for Vaccines and Immunization, hired yet another lobbyist last year to push their agenda in Ottawa. This is a “Conservative” named Cameron Doherty. He joins Ashton Arsenault, who is still officially registered.

All of these lobbyists seem to come from the same firm, Crestview Strategy. The organization was co-founded by Rob Silver, husband of Katie Telford, Trudeau’s Chief of Staff.

Zakery Blais worked as a staffer for David Lametti, before he was Attorney General.
Jason Clark, former LPC fundraiser, lobbied for GAVI.
Ashton Arsenault is a conservative “strategist”.

For reference, visit the “pharma” page on this site. It’s quite disgusting how prevalent lobbying, and in particular, drug lobbying really is.

On the Federal Lobbying Registry, GAVI describes its work as follows:

Working with Parliamentarians to advocate for support for commitments to vaccines and immunization in the form of policy that recognizes the value of improving global health outcomes, emergency and humanitarian assistance, pharmaceutical innovation, official development financing and poverty reduction.

SOURCE COUNTRY	AMOUNT	EXPECTED NEXT YEAR?
Global Affairs Canada (GAC)	$111,000,000.00	Yes
Government of Australia	$82,000,000.00	Yes
Government of Belgium	$3,000,000.00	Yes
Government of Brazil	$121,000,000.00	Yes
Government of Germany	$56,000,000.00	Yes
Government of India	$3,000,000.00	Yes
Government of Ireland	$5,000,000.00	Yes
Government of Japan	$179,000,000.00	Yes
Government of Norway	$111,000,000.00	Yes
Government of Saudi Arabia	$41,000,000.00	Yes
Government of Scotland	$1,000,000.00	Yes
Government of Sweden	$32,000,000.00	Yes
Government of the United Kingdom	$311,000,000.00	Yes
Qatar	$2,000,000.00	Yes

It’s hardly just Ottawa that funds GAVI. Governments all over the world fund it with taxpayer money. How much more will Doherty cause to be sent abroad?

On October 16th, 2023, he met with:

Matthew Trnkus, Senior Advisor | Global Affairs Canada (GAC)

On October 17th, 2023, he met with:

Jwane Izzetpanah, Manager, Stakeholder Relations | House of Commons
Oz Jungic, Senior Policy Advisor | Prime Minister’s Office (PMO)
Darren Hall, Policy Advisor | House of Commons
Christina Lynch, Director of Operations | Privy Council Office (PCO)
Nisara Jiwani, Senior Analyst | Privy Council Office (PCO)

On October 18th, 2023, he met with:

Ali Ehsassi, Member of Parliament | House of Commons
Heather McPherson, Member of Parliament | House of Commons
Mike Lake, Member of Parliament | House of Commons

This is just the information that’s “on the books”. There could very easily be more that isn’t disclosed to the public.

On his LinkedIn page, Doherty lists himself as having completed internships both with the Ontario Conservatives (2020), and the Conservative Party of Canada (2021). Presumably, he’s well “educated” in the need for mass vaccinating the public.

This is consistent with the behaviour in this field. A person will have a short stint with a political party (or a few of them) and then go in to lobbying. Those connections will then be used in order to influence the decision making of “governments”.

All Parties Involved With “Influence Peddling” In Ottawa

As an aside, Jagmeet Singh, NDP chief, was recently in the news for all the wrong reasons. His brother Gurratan Singh, was exposed as being a lobbyist for Metro, a competitor of Loblaws.

All parties are involved with lobbying, which means they all have special interest groups determining what their policies will be. “Mr. Fire Your Lobbyist” seems to be okay with the drug peddling that goes on, but decides to call out the grocery store influence.

CPC, NDP Both Took Trudeau Bailout Money In 2020

This reaches back to 2020, but both the Conservative Party of Canada and the New Democratic Party received CEWS. This is the Canada Emergency Wage Subsidy, a bailout program run by the C.R.A. in 2020 and 2021. Ever wonder why “opponents” always seem to agree on so much?

It’s almost as if they’re all in it together.

(1) https://crestviewstrategy.com/our-team/cameron-doherty/
(2) https://www.cbc.ca/news/politics/rob-silver-leaves-crestview-citing-wife-s-job-as-trudeau-chief-of-staff-1.3389152
(3) https://www.linkedin.com/in/cddoh/details/experience/
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=374457&regId=957001
(5) https://nationalpost.com/opinion/poilievre-accuses-singh-of-picking-on-loblaw-stores-because-brother-works-for-competitor
(6) https://crestviewstrategy.com/our-team/gurratan-singh/
(7) https://apps.cra-arc.gc.ca/ebci/habs/cews/srch/pub/dsplyBscSrch?request_locale=en

September 17, 2024September 17, 2024

CSASPP Defamation Appeal To Be Heard In January 2025

A high profile defamation Appeal is now scheduled to be heard in the new year. The Court of Appeal for Ontario will hear arguments on January 13th, 2025, to determine whether or not Justice Chalmers should have thrown out a lawsuit in late 2023 under anti-SLAPP laws. There’s also a challenge to the $132,000 cost award that was handed down.

This is the $1.1 million “intimidation lawsuit” brought against CSASPP, the Canadian Society for the Advancement of Science in Public Policy, and one of their donors. For more background, see the decision and the cost award. They provide the necessary information to understanding how events played out.

Supposedly, it was over a “defamatory” email to Dan Dicks of Press for Truth, and a posting on CSASPP’s FAQ page. In reality, the suit was filed to derail the Law Society of Ontario (LSO) complaint filed by Donna Toews.

[89] With respect to the claim against Ms. Toews, I am of the view that “what is really going on” is an attempt to intimidate members of the public who may be considering making a complaint about the Plaintiff to the LSO. The effect of the action against Ms. Toews would be to obstruct the regulatory process. The harm this would cause in the LSO’s ability to receive and process complaints about lawyers is, in my view significant.

[98] For the reasons set out above, I find that the Plaintiff brought this action for the improper purpose of stifling debate with respect to his handling of a proposed class action that is being funded by public donations. I also note that the Claim was brought one day before the Plaintiff submitted a response to the LSO with respect to Ms. Toews complaint. I find that the Claim was brought for the improper purpose of limiting the LSO investigation, and to intimidate others from making any LSO complaints about him.

Justice Chalmers made it clear in paragraphs 89 and 98 of his decision that this was an intimidation lawsuit, designed at least in part to stop others from filing complaints with the LSO.

And it didn’t stop there. The LSO itself was sued in 2022, and again, in 2023, to further bury the Toews complaint. The earlier one was struck for failing to state a Cause of Action (ask for something the Court can actually provide). No amended Statement of Claim has been filed, and the other case appears inactive.

Included are the Factums of both sides, which are the arguments submitted. For reference, the Appellant(s) are the ones who commence the proceedings, while the Respondents are the ones who have to answer. There is an Appeal Record of several thousand pages, but it’s primarily a compilation of documents previously submitted.

Anyhow, here are some points to note.

Appeal Attempts To Reargue Entire Motion

The Appellant’s Factum attempts to reargue the Motion which led to Justice Chalmers throwing the case out. Instead, he should have been outlining the errors the Judge (allegedly) made.

When asking to have a Decision reviewed, there are only a few options.

TYPE OF ERROR	STANDARD FOR REVIEW
Error of Fact	Overriding, Palpable Error
Error of Pure Law	Correctness
Mixed Fact & Law	Spectrum, Leaning To Overriding, Palpable Error
Discretionary Orders	Overriding, Palpable Error

The correctness standard in law is meant to ensure that litigants are treated fairly, and held to the same standards. If a Lower Court hasn’t done this, then the Higher Court is able to step in.

The overriding, palpable error standard reflects that Judges are often in the best position to oversee the case, and that their decision making ability is owed a deal of deference. This applies to factual findings, and discretionary orders, such as costs and damages. Nonetheless, clear errors can still be fixed.

This is what should have been done: spell out the errors (if any) made by Justice Chalmers. The standard is Housen v. Nikolaisen, set over 20 years ago. Instead, it comes across as a demand to have the original matter reheard. This isn’t the role of the Appellate Courts, and he should know better.

The Respondents’ Factum addresses this quite well.

Appellant’s Ridiculous Demands Regarding Costs

One amusing thing of note is the Relief sought. In fairness, litigants are free to ask for whatever they want, but this is comical. The Appellant asks for costs both for this Appeal, and for the original Motion that he lost. In the alternative, he wants costs waived altogether. Doesn’t work like that.

Repeatedly Implying Justice Chalmers Rigged Decision

31. The Appellant states that not only did Justice Chalmers not apply this binding case from the Ontario Court of Appeal to the facts and evidence before him, Justice Chalmers completely ignored it, and thus erred in law.

41. …. The Plaintiff states that is clearly present in the within action. Justice Chalmers ignored the Supreme Court of Canada jurisprudence in applying the test.

42. …. In the within case there is “grounds to believe”, and “reasonably capable of belief”, that the Plaintiff can succeed on at least one of the “stings”, which he clearly can based on the statements, and law. Again, Justice Chalmers ignored the binding Supreme Court of Canada jurisprudence. Justice Chalmers finding that the assertions were backed up by hyperlinks, makes a final determination that they are “true”. They are not. They are not even “partial truths” and Justice Chalmers does not deal with the Plaintiffs evidence in this respect.

43. …. Again, which is applicable to the within action, more than a single basis exists. Justice
Chalmers ignored this evidence and jurisprudence

44. …. The Plaintiff states that not only did the Society’s website “FAQ” exceed this privilege but coupled with the email to Mr. Dicks, the Defendants went out their way to depict the Plaintiff as incompetent, unprofessional, and dishonest and a fraud. The Defendants’ assertion that they were responding to queries as to the connection between them as the Plaintiff rings false. They could have simply stated that there was no connection between them and the Plaintiff and left it there. Furthermore, their assertions of being flooded with queries and complaints about the Plaintiff also rings false as they could only produce one (1) such query/complaint on cross-examination. Justice Chalmers ignored this binding jurisprudence.

45. …. The Plaintiff states that this also applies to the within action, and that Justice Chalmers ignored this jurisprudence and did NOT deal with an[y] of the above, which was before him and argued by the Plaintiff.

46. …. It is worth noting that, in the within action, all the facts on the findings by the Supreme Court of Canada Bent v. Platnick are more than present here in the within action. The Defendants, engaged in reckless statements and innuendo, without sober investigation, in a singularly distorted and targeted exercise of painting the Plaintiff as generally incompetent, unprofessional, dishonest, and a “fraud”. Any defence of qualified privilege, on fair comment, or responsible publication is therefore defeated. Justice Chalmers does not deal with this argument nor the evidence to support it.

50. …. The Appellant states that the evidence is that, as a result of the defamatory publications the Plaintiff was subject to hostile and viscous reaction from the public at large, including threats to bodily harm, as well as an obliteration of donations to the Constitutional Rights Centre (CRC) as set out in the affidavit evidence. This evidence was not only ignored by Justice Chalmers, but stated not to exist, which is a palatable and blatant error

55. Justice Chalmers further ignores and does not address the Plaintiff’s submissions, and evidence supporting those submissions, on the conspiracy tort pleaded.

56. Justice Chalmers further ignores and does not address the Plaintiff’s submissions and evidence supporting those submissions, contained in paragraphs 59 to 73 of the Plaintiffs factum before the Court.

These quotes are from the Appellant’s Factum. He repeatedly claims that Justice Chalmers “ignored” the information that was put in front of him. One can interpret this as an allegation that the Motion was rigged. Elsewhere in the Factum, it’s implied that he was grossly incompetent.

This really isn’t a good look, if one wants the Ontario Court of Appeal to take this case seriously.

Although not part of the Appeal, the Court probably won’t be amused by this either. At a virtual press conference back on March 27, 2023, he claimed that Judges “are pretending they weren’t pointed to the jurisprudence”. In other words, it’s an accusation that the judicial system is corrupt. Should lawyers be saying such things?

Repeatedly Citing (Largely Irrelevant) Case: Bent V. Platnick

The 2020 Supreme Court of Canada case, Bent v. Platnick, was repeatedly quoted in the original Motion, and again in the Appeal. It was another defamation case, but the allegations made there were far worse than anything CSASPP had published. The levels are so different that it’s actually quite unhelpful.

Appeal Nearly Dismissed For Unnecessary Delay

Once an Appellant files all of their major “books”, there’s a final document called the Certificate of Perfection that needs to be included. Aside from the extra fee, it tells the Court that everything has been done, and that a hearing date should be set.

Apparently, it wasn’t done here properly. It was only after a Motion to Dismiss had been brought, that it was filed. Now, it could be sloppiness, but CSASPP believes it to be intentional delay.

Champerty And Maintenance: VCC Donors Paying For Appeal?

Both Ted Kuntz and Tanya Gaw submitted Affidavits in support of the original claim.

On Exhibit #C, page 21 of Kuntz’s Affidavit, there are remarks indicating that Vaccine Choice Canada had used donor money to finance defamation actions on behalf of doctors on social media. Presumably, this refers to Kulvinder Gill and Ashvinder Lamba.

Now the obvious question: are donors paying for this as well?

Overall, the Appeal comes across as a delay tactic. This is partly to avoid paying the $132,000 in costs that are owed, and partly to avoid the consequences of commencing a lawsuit to sabotage the Toews LSO complaint. But in the end, this Appeal will be dismissed as well.

Ontario’s anti-SLAPP laws (Section 137.1 of the Courts of Justice Act) have “full indemnity” as a default position for costs. This means that if a Defendant is successful in getting such a lawsuit tossed, they are presumptively entitled to 100% of their costs back. This makes defamation suits very risky to pursue.

Of course, a competent lawyer should know that.

CSASPP/RG DOCUMENTS (June 2022)
(1) CSASPP RG Statement Of Claim
(2) CSASPP RG Moving Party Motion Record Volume 1
(3) CSASPP RG Moving Party Motion Record Volume 2
(4) CSASPP RG Moving Party Motion Record Volume 3
(5) CSASPP RG Responding Motion Record Volume 1
(6) CSASPP RG Responding Motion Record Volume 2
(7) CSASPP RG Responding Motion Record Volume 3
(8) CSASPP RG Moving Party Supplemental Motion Record
(9) CSASPP RG Moving Party Record Motion To Strike
(10) CSASPP RG Plaintiffs Responding Record Motion To Strike
(11) CSASPP RG Transcript Brief
(12) CSASPP RG Moving Party Factum (Arguments)
(13) CSASPP RG Responding Plaintiff Factum
(14) CSASPP RG Moving Parties Reply Factum
(15) CSASPP RG Reasons For Judgement
(16) CanLII Posting Of Decision

CSASPP/RG APPEAL DOCUMENTS (2024)
(1) CSASPP Defamation Appellant Factum
(2) CSASPP Defamation Respondent Factum
(3) https://www.covidconstitutionalchallengebc.ca/status-updates
(4) https://www.scribd.com/document/768627727/2024-09-12-Notice-of-Merit-Hearing-13-January-2025
(5) https://www.scribd.com/document/758138683/2024-08-06-Defendant-Respondents-Motion-Record-to-Dismiss-for-Delay

1ST LAW SOCIETY OF ONTARIO CLAIM (July 2022)
(1) Law Society Of Ontario Statement Of Claim
(2) Law Society Of Ontario Intent To Defend
(3) Law Society Of Ontario Amended Statement Of Claim
(4) Law Society Of Ontario Requisition For Amended Claim
(5) Law Society Of Ontario Motion Record, To Strike
(6) Law Society Of Ontario Moving Party Factum To Strike
(7) Law Society Of Ontario Plaintiff Responding Factum

2ND LAW SOCIETY OF ONTARIO CLAIM (July 2023)
(1) Law Society Of Ontario Second Statement Of Claim

September 16, 2024September 27, 2024

Diagolon And The Company They Keep: GDL

Sometimes, even when people say some of the right things, you have to wonder if they really have your interests at heart. In their recent “Road Rage Terror Tour”, Diagolon cross-promoted a group called the GDL, or Goyim Defense League, based in the United States.

In the above photo, Derek (Rants) Harrison sports a Goyim TV cap.

Elsewhere in the series:

Parts 1, 2, 3, 4, 5 of the Schill gun grab are here.
Parts 1, 2, 3, 4 of the HateGate scam are available as well.

Considering that Diagolon is “just a meme” and just a joke “based around a podcast community”, it’s rather interesting to promote this group. The GDL has an online platform called Goyim TV.

The GDL’s efforts can accurately be described as “agitation”. Yes, they say a lot of truthful things about foreign influence of the West. However, they conduct themselves in such a way, it seems designed to prevent the masses from taking them seriously.

And that would fit MacKenzie, Harrison, Vriend, etc… to a “T”. Yes, they also address difficult truths on their streams. However, they also say and do a lot of idiotic things. Given how strict hate laws are in this country, it’s interesting that none of them have been charged over it. MacKenzie had all his previous charges disappear, despite being so “persecuted”.

Adam Green, who has streamed with MacKenzie and Harrison, claims to have founded the Goyim Defense League, and to be selling their merchandise.

When trying to persuade people, appearance and presentation do matter a great deal. One cannot be taken seriously if they are loud, abusive, or come across as bullies. These groups present themselves as being almost cartoonish. Is this being done intentionally?

How To Provoke A Backlash, Creating New Censorship Laws

What’s employed here is the classic strategy of: (1) problem; (2) reaction; (3) solution.

(1) Problem – Groups like Diagolon or the GDL go around harassing and/or intimidating people. In the above case, this was a “protest” outside Disney, where children frequent. Minadeo is to the left in the photo.

(2) Reaction – There’s confusion and dismay about what’s going on. Most people just trying to go about their lives probably don’t want to see this.

(3) Solution – The public demands (or is perceived to demand) stronger penalties and consequences for so-called hate crimes and intimidation.

Goyim Defense League, Florida House Bill 269

Recently, Jon Minadeo, head of Goyim TV, left California for Florida, to continue his “activism“. And what was the result of that? New legislation popped up shortly afterwards.

Considering Florida Governor Ron DeSantis’ love for Israel, this cannot be surprising in the slightest. He has even gone abroad to sign legislation that limits free speech.

Public Nuisances: Prohibits person from distributing onto private property any material for purpose of intimidating or threatening owner, resident, or invitee; prohibits person from willfully & maliciously harassing, threatening, or intimidating another person based on person’s wearing or displaying of any indicia relating to any religious or ethnic heritage; requires violations be reported as hate crimes; prohibits display or projection of images onto building, structure, or property without permission; prohibits person who willfully enters campus of state university or Florida College System institution for purpose of threatening or intimidating another person from remaining on such campus after being warned to depart.

To be clear: HB 269 REQUIRES that such acts be reported as hate crimes.

Even a quick search of GDL will flag interesting results. They include protesting outside a Synagogue. While people are free to express their views, the overall conduct seems calculated to cause resentment.

Need a hate-speech Bill passed? Send in these idiots to stir up trouble. Soon enough, the public will be demanding a response. See how easy that is?

Diagolon, Canada Bill C-63 (Online Harms Act)

Recently, this site covered Bill C-63, the Online Harms Act, and the consequences it will have for free speech in Canada. It appears both CIJA and NCCM, the Israeli and Islamic lobbies, have been supportive of this.

This Bill would allow Courts to impose orders on people they suspect might commit harmful acts. Not charged or convicted. Suspicion would be enough to see a Judge. These restrictions may include:

(a) Wearing an electronic monitoring device
(b) Return to and remain at their place of residence at specified times, a.k.a. a curfew
(c) Abstaining from drugs and alcohol
(d) Submitting to drug and alcohol testing
(e) No contact orders
(f) Weapons prohibitions

Yes, this Bill needs to be stopped.

However, how is any of this productive? The public won’t be interested in protecting Vriend’s ability to laugh at tigers killing Indians. There’s no will to protect MacKenzie’s rape “jokes”. Seeing these clowns operate, it seems more likely the public would support some level of restricting their expression.

Above are just a few of their clips. Pretty hard for people to take them seriously when they’re making comments like these. Clownish and goofy.

And done intentionally.

For all MacKenzie and Vriend whine about their “meme” group being taken seriously in Ottawa, this is the logical outcome: using it as an excuse to crack down on free speech. Then there’s this:

The internet in Canada is under attack by the Trudeau government — again. The Online Harms Act, Bill C-63 violates our charter rights and would give the government ultimate authority to fine, silence, and criminalize Canadians for freely expressing themselves. If you want to keep your free speech in Canada, then email your members of Parliament right now and demand that they do everything in their power to STOP Bill C-63.

This site was recently set up by Greg Wycliffe, promoting the dangers of Bill C-63. Wycliffe also set up a GiveSendGo (or GSG) account, asking for $50,000. This is done under the pretext of protecting free speech rights in Canada.

By itself, this seems fine, and a good way to get the point across. And although it’s unclear what the $50,000 would be needed for, people can ask for money to finance activism.

Where things get interesting is that Wycliffe pushes the bogus narrative that the Emergencies Act was invoked because of a meme. He claims the RCMP decided to frame MacKenzie, because reasons…. He opposes Bill C-63, yet apparently supports the people who ensure that it will get passed. He’s silent on the obvious agitation.

This may be why Diagolon and the GDL are connected. They seem to have the same goals.

FLORIDA HOUSE BILL 269:
(1) https://www.myfloridahouse.gov/
(2) https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=76984
(3) https://www.change.org/p/stop-house-bill-269-in-florida
(4) https://www.youtube.com/watch?v=C0FaUaZNt70
(5) https://x.com/jnewsgabe/status/1597348747851153409
(6) https://www.nbcnews.com/news/us-news/neo-nazi-groups-spew-hate-disney-world-orlando-officials-say-rcna103186
(7) https://www.wsmv.com/2024/07/17/nashville-synagogue-calls-police-after-neo-nazi-group-shows-up/
(8) https://www.nbcnews.com/politics/2024-election/ron-desantis-signs-bill-combat-hate-crimes-israel-rcna81799

(1) https://savefreespeech.ca/
(2) https://www.givesendgo.com/savefreespeech?amp;utm_medium=copy_link&utm_campaign=savefreespeech

Author: Ronnie

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